HSMP Rejection - Tax return

[nangvil]

Just to highlight a case which recently happened to a friend of mine who is a doctor.

He graduated from a local UK university and worked in the last year in a UK hospital. When he filled up his HSMP1 form (which I checked it myself), he only ticked the Original Wage Slip box and stated he was unable to provide the Original Tax Return because it does not cover the full tax year(he's applying for Oct 05-Oct 06 period). He also submitted both original bank statements covering the period and also an original letter from the employer stating the salary.

2 days ago, he received his documents back with a rejection letter stating he did not submit the required evidence(Original Tax Return).

I am very astonished with that decision. It also states that they will not consider futher fresh evidence.

According to the HSMP guidance notes, if one is unable to submit either original Wage Slip or Tax return, u have to submit a further piece of evidence(Bank Statements or Letter). If one is unable to submit both Wage Slip and Tax return, u have to submit both B Statements and Letter.

I don't know what to advise him, whether to appeal against that decision and send all the documents back, or maybe to make a fresh application and submit his old April 2005/2006 Tax return/P60??

We did try contacting WP on Friday, but unable to get hold of anyone.

Any ideas anyone?

[webhunter]

Hi,

You mentioned that your friend claimed for the period Oct 05 to Oct 06, which means he should have had a chance to file the tax returns once (thought it does'nt cover the period he is claiming for, it should have atleast covered around 6 months in the period claimed). I guess that could be the reason for the rejection.

For example lets take an other case where you can not genuinely provide a tax return, if some one was to claim for the last 8 months and he is applying now, the last 8 months would not fall into a tax year and hence it would be reasonable to submit alternate evidence.

OR, i could be missing some detail.

[Jk2007]

nangvil

If your friend did not provide P60 for part of the period, he should have provided evidence as to why he was not able to submit the tax return (P60). That is he should have submitted evidence for the reason why he was not able to submit the required evidence (P60).

I also came across a thread in another forum where a case was rejected because the applicant did not provide evidence as to why he was not able to submit the tax return.

The example provided by WebHunter is really an exception because in that case for the whole period claimed, tax return was not possible because the tax year was not completed.

You mentioned that the HO would not accept any fresh evidence.. Probably what HO means is that once a decision letter has been posted, you cannot submit fresh evidence, because with this approach, they can never close applications if the applicants keep sending more evidences after the decision has been made.

I think the best option would be to submit a new application with all the required evidence. The new applications appear to be processed in a week's time anyway.

[nangvil]

But surely, if the tax year does not cover the full period, u can't provide the P60 unless u meant providing a P60 from the pervious year?

Any suggestions regarding how to provide evidence as to why we can't submit the tax return because it does not cover the full period?

[moganlal]

JK2007,
i'm also in a similar kind of situation. I have 2006's P60 but it only covers mid of oct 2005 to march 2006 as i joined the job(for the first time in UK).
I'm planning to mention this in the covering letter but still fear that if they miss seeing it and just take the amount mentioned on P60 then it'll fall short of what i claim. Moreover the period will not be mentioned on P60 so i general it means that its for the entire year.
Meggles had mailed back to my earlier post that they should and will consider, but I'm still worried. What do you suggest. Apply now or wait it april 2006 when i get fresh P60 and then apply.
ur repl is very much appreciated.
Moganlal

[Jk2007]

moganlal,

Please see my reply in the following thread:

http://www.immigrationboards.com/viewtopic.php?t=12338

[paramjit2k]

Hi Minny,

Seems negative part of HO...

If they just need to establish the Earning, they can do it well from sal slips + bank statements...

Still if they r rejecting for this reason only, THIS IS BAD.

Well did ur friend provided reasons under excpetional consideration.

Try to explain them in detail in review app, how ur evidences corborate each other. Why did u didnt provided the ITR?

Hope ur friend sails thru Review process.

[umeshsethi]

But surely, if the tax year does not cover the full period, u can't provide the P60 unless u meant providing a P60 from the pervious year?

Any suggestions regarding how to provide evidence as to why we can't submit the tax return because it does not cover the full period?

It is your employer i believe who provides P60 i believe . I think it would be best if your employer attaches a letter verifying their inability to provide a P60 covering this period and stating that the P60 covering the lesser period is the most current available , and in compliance of UK tax laws. We are facing same problem in India, and we are planning to do same thing though god knows what it will take to satisfy these jokers !