Got Extension of Application - Under NEW HSMP rules

[milz]

Hi all,

Today I got my Extension of my application under NEW HSMP rules!

Application sent: 4th December and reached HO 5th December by special delivery.
Debit card amount debited on: December 6th. Got a letter on december 8th from HO stating that they have taken the required amount and are looking into my case.
Application accepted and stamped on: December 21st
Application reached myself: December 29th.

I had got 1 year of HSMP visa; therefore I had to claim last 8 months of salary.

Points:

Degree: 30 points (Did NOT provide original degree certificate; as this evidence was provided to the HSMP team with my 1st HSMP application)
Earnings: 20 points (Original wage slips for last 8 months provided, Letter from Employer confirming the total amount of past 8 months, and last P60 - although my last 8 months was from end of April - end of November)
Age: 20 points (Current passport provided)
UK Experience: 5 points
English lanugage requirement: Got a letter from my UK university that my degree was taught in English.
Total: 75 points.

Got my HSMP FLR for 4 years. Yes, four years. Did make sure to write in my covering letter that since I originally got my HSMP visa for 1 year; and in the light of change of rules to ILR 4 to 5 year; I should get 4 years to my FLR.

Please bear in mind my company did get a call from the HO to verify that my salary was correct. The person from the HO was very good and polite. My company did a fantastic job of giving the HO all the information they required ( as there was nothing to hide).

take care and Happy new year to you all!!!!

Rgds,

Milz.

[webhunter]

Congratulations!! Well done !!

You dont have to worry about these forums or any other forms, for atleast another 4 years

[Jk2007]

Milz

Congratulations!!

[pantaiema]

Congratulation Milz

Nice from you that you share your experience. Your expereince is certainly very usefull to the member of this forum

Pantaiema

[shockboy2000]

well done.

Can i clarify what you put as your 8 months though...you said End of April to End of November, which is 7 months.

I didnt send in P60 from previous year since it has no relevance to the most recent 8 months...maybe i should send it in anyway before they acknowledge receipt of my application and that it is going ahead etc.

I'd be happy if they just rang up employer to confirm the amounts on payslips, bank statements, contracts and employer letter are correct.

[webhunter]

shockboy,

do you think the last P60 is required? For some it may be for just 15 days, for some may be a month, for others it may not even be applicable.

Is there anyway we can clarify this once and for all, if the entire period you are claiming for does not fall into a tax year, do we need the previous P60, thought it does'nt have any relevance to the period claimed. Actually it may bring up interesting scenarios. If that is true, then some may have to submit their Income tax returns from their home countries as they dont have a current P60 in the country yet.

[shockboy2000]

mate, i don't know what to think

I chose the most recent 8months that i had payslips + bank statements for...this being 1April to 30November.

I sent in my application yesterday, but realised today - that 5 days (1April to 5April) are technically in PY, therefore are HomeOffice going to want to see P60 for PY when the amount on it has no bearing on the payslips/bank statements for me working April+beyond???

Another thing to think about is: my umbrella company (employer) spoke to their accountant, and the accountant said the money is 'earnt' when it is paid into my bank account. Therefore if April was my first payslip, but i wasnt paid until May - then May would be the first period i earnt money(which is well into CY). They were suggesting i put say 12May - 12December as dates on my HSMP form (the dates the money reached my account), because they think HMRC sees the money earnt when you receive it, not when you actually did the work.

Regardless of all this, my tax return that is submitted by the umbrella companies accountant is Self Assessment - and Home Office clearly state they dont want a self assessment tax return as evidence. Bit late to be telling us this after the fact.

I'm hoping they aren't going to be fussed about the 1-5April period, that they go on the ample evidence i have supplied and phone the employer.
Once i get a case reference number, i will be calling up the relevant HSMP team and see what they have to say.

[Jk2007]

Another thing to think about is: my umbrella company (employer) spoke to their accountant, and the accountant said the money is 'earnt' when it is paid into my bank account. Therefore if April was my first payslip, but i wasnt paid until May - then May would be the first period i earnt money(which is well into CY). They were suggesting i put say 12May - 12December as dates on my HSMP form (the dates the money reached my account), because they think HMRC sees the money earnt when you receive it, not when you actually did the work.

I too feel the date and amount you have received in your bank account counts. For example, if you are applying on January 15, and you have not yet received January salary into your Bank account, I don't think HO will accept if you claim pro-rata salary from Jan 1 - Jan 15. Applying the same logic, you have received April salary on 30 April, so this will be calculated as earnings in this Tax year including the amount you have earned from Apr 1 -5.

Since this appears to be a confusing issue, other experts in this forum may please share their views.

[nnj10]

Hi Webhunter,

What you said is much logical.
I am in the similar situation.
My earnings period that I claimed partly falls in the previous Financial Year; but I didnot submit the Income Tax Return; thinking it will not corelare with the earnings. Now seeing many threads which put emphasis on ITR, broadly it seems H.O. is seeking Income Tax Return as "THE MOST IMPORTANT" evidence.

I don't know what happens to the applicant who has not provided even the last years ITR. My own case, I submitted all bank statments, letter from Employer, Original Wage slip etc. still not sure will I get the points or not?

NNJ10

[webhunter]

I think it is just a matter of time, which should clarify this point.

All the cases where I have seen references to ITR, were those where part of the claimed period falls into a previous(valid) tax year. In which case, I think it makes sense for them to see the previous ITR.

We just have to wait and see a few applicants results in similar situations to find out the details.

There will be quite a few extension applications between now and March 2007. And for all those (8 month claims), their claim period will not fall into a valid tax year (not even for one day). So it is interesting to see if they seek ITR for them (even if it is from a different country).

[Jk2007]

All the cases where I have seen references to ITR, were those where part of the claimed period falls into a previous(valid) tax year. In which case, I think it makes sense for them to see the previous ITR.

Yes, WebHunter, I agree with your view.

I think HO expects IT return only when the claim period falls (or partly falls) in a completed tax year.

There is no point in providing previous year Tax return, if your claim period is entirely falling in current year's tax return. I dont understand what purpose this can serve? HO expects the evidences to be corroborative. If you provide previous year tax return, and claim points for earnings entirely in current year, how will this be corroborative?

[nnj10]

Hi JK2007,

I fully agree; with what you just said.
Even the claim period party falls in the completed Tax year; how would they be able to corroborate theaearnings. As far as Indian Tax system is considered; which allows various rebates, life insurance etc to be deducted from the Income. so how the HO willbe able to corraborate the INCOME? Even the tax payee, himself cannot make out much out of the TAX RETURN FORM.

[pantaiema]

They could believe if you are working on "PERMANENT" basis not contract on limited period.


If you are working on permanent basis that you will defenetilety know what you are going to get in the next month.
(assuming no overtime, no pay rise at the time).

Pantaiema

I too feel the date and amount you have received in your bank account counts. For example, if you are applying on January 15, and you have not yet received January salary into your Bank account, I don't think HO will accept if you claim pro-rata salary from Jan 1 - Jan 15. Applying the same logic, you have received April salary on 30 April, so this will be calculated as earnings in this Tax year including the amount you have earned from Apr 1 -5.

Since this appears to be a confusing issue, other experts in this forum may please share their views.

[pantaiema]

They could believe if you are working on "PERMANENT" basis not contract on limited period.


If you are working on permanent basis that you will defenetilety know what you are going to get in the next month.
(assuming no overtime, no pay rise at the time).

Pantaiema

I too feel the date and amount you have received in your bank account counts. For example, if you are applying on January 15, and you have not yet received January salary into your Bank account, I don't think HO will accept if you claim pro-rata salary from Jan 1 - Jan 15. Applying the same logic, you have received April salary on 30 April, so this will be calculated as earnings in this Tax year including the amount you have earned from Apr 1 -5.

Since this appears to be a confusing issue, other experts in this forum may please share their views.

[minny]

Congrats and thanx for sharing

[drake]

Guys,
I also heard from someone that if you are working already and want to go for HSMP extension and for some reason if you dont qualify or not successful then if you employer is willing to sponsor then you can switch over to work permit and the paperwork on part of employer is not much i.e. they need not prove all those that is required for a fresh work permit to a fresh employee that they take in it seems. i.e. need not prove that they did not get such an employee with such skillset within UK even after advertising for xyz amount of days.
IS THIS TRUE?
pls help,
Drake

[pantaiema]

Yes that is true.

HOWEVER
The type of job must be those which are likely to be granted work permit.

THUS
Here student jobs or the job those do not require a degree is hard to qualify.

In this forum there is already a person who has been refused for the above reason.

ALSO AWARE
Your clock toward 5 years qualifying period for ILR will be reset.

Guys,
I also heard from someone that if you are working already and want to go for HSMP extension and for some reason if you dont qualify or not successful then if you employer is willing to sponsor then you can switch over to work permit and the paperwork on part of employer is not much i.e. they need not prove all those that is required for a fresh work permit to a fresh employee that they take in it seems. i.e. need not prove that they did not get such an employee with such skillset within UK even after advertising for xyz amount of days.
IS THIS TRUE?
pls help,
Drake

[first2last4]

Guys,
I also heard from someone that if you are working already and want to go for HSMP extension and for some reason if you dont qualify or not successful then if you employer is willing to sponsor then you can switch over to work permit and the paperwork on part of employer is not much i.e. they need not prove all those that is required for a fresh work permit to a fresh employee that they take in it seems. i.e. need not prove that they did not get such an employee with such skillset within UK even after advertising for xyz amount of days.
IS THIS TRUE?
pls help,
Drake

This is true even if you switch from 1 WP to another. There is no privilege for switching from HSMP to WP.

[drake]

but hey,
I heard that the ILR counter will not be reset if you switch from one employer to another i.e. workpermit change of employee...
Is it?
cheers,
Drake

[pantaiema]

This is nothing to do with changing employers. This is to do with downgrading, upgrading.

WP ->HSMP (upgrading) your clock continue ticking
HSMP -> WP (downgrading) your clock is not reset strart form zero again
WP -> WP (equivalent) your clock continue ticking

Hope this one is clear

Pantaiema

but hey,
I heard that the ILR counter will not be reset if you switch from one employer to another i.e. workpermit change of employee...
Is it?
cheers,
Drake

[shockboy2000]

it doesnt make sense, but i agree that is what the current situation is.

They say the reason you can "downgrade" to WP it because they acknowledge you have skills to benefit the country...so if someone who has been on WP all the time can get ILR...why cant someone who went HSMP->WP with no break.

honestly, all us "highly skilled" people must have enough money between us to buy an island somewhere...i say we go and buy it and live there and forget about this UK nonsense

[msb]

Hi Milz and everyone,

Can you please share the format of letter you have submitted for English requirement. This will clarify everyone which format HO can accept as your application was approved.
Bcoz, many of them haven't got date of degree award mentioned in their letters from resp. Universities. This will clarify many of our doubts.

Thank you very much

Cheers
SB

[cagrawal]

it doesnt make sense, but i agree that is what the current situation is.

They say the reason you can "downgrade" to WP it because they acknowledge you have skills to benefit the country...so if someone who has been on WP all the time can get ILR...why cant someone who went HSMP->WP with no break.

honestly, all us "highly skilled" people must have enough money between us to buy an island somewhere...i say we go and buy it and live there and forget about this UK nonsense

whereas it is correct that 'this doesnt make sense', it is true that your counter gets reset if you change from HSMP to WP.

[zyx2007]

I guess HO officer should not tell the company about the employee's application for the HSMP while investigating about pay. How safe is it for the employee?. Doesnt they think that the employee planning to leave the company?

Cheers
ZYX.

[goldfish]

Can anyone point out the section on the Home Office website where it says your clock "resets" if you switch from HSMP to WP? Since they are both categories leading to settlement, I would have thought so long as there was no break between them then time would continue to count...