Advice needed. Appealing a refusal due to past earnings...

[lysergik]

Okay, this seems absurd to me, but the beaurocrats at the home office rejected my HSMP application because my payslips were not stamped and signed. I had acknowledged this fact in my cover letter and explained that there was a letter from my employer enclosed in addition to the payslips. But I didn't give a reason why the payslips were unendorsed.

I sent the following evidence for the past earnings section:

- My official tax return for the previous tax year.
- An official letter from the tax department stating my year to date income.
- A signed letter from my employer on company letterhead confirming my salary for the past twelve months.
- My wage slips for the past twelve months (same company, constant salary, plain paper, unendorsed).
- The contact details of my management.

All of which corroborate each other precisely, and confirm my salary without a doubt.


The home office response:

- The payslips you supplied are not acceptable as they are not signed and stamped by your employer.

- We do not consider the reason provided is sufficient to consider as exceptional circumstances as described in the published guidance.


So as I understand it, the only thing I neglected to say was simply that the company I work at consists of only six people, and the reason they were unstamped was just because they don't have an official stamp to stamp and sign my payslips with.

So, I guess I have to try and appeal now. Advice? Help? Dealing with the home office is like beating your head against the wall.

[webhunter]

Were the payslips online print outs?

[lysergik]

Were the payslips online print outs?

Not online print-outs. But yes, prepared by the accounts person on a regular printer and regular paper. The company just doesn't have an official stamp to stamp them with.

[shockboy2000]

my company doesnt have official stamp yet for HSMP purposes, but at least they are pro-active enough to be talking an Immigration lawyer themselves. This immi lawyer apparently goes to the Home Office on a weekly basis for cases so knows what they are looking for.

He knew payslips had to be stamped + signed, so my company has used their current company stamp for my payslips (and signed them) since otherwise they are just plain paper.

I guess the message here is - if your company isn't sure what the HSMP requirements are - you better talk to an immi lawyer yourself.

[kinjiru]

Just thinking, did you send bank statements too. I'm wondering whether this might have made the difference ie something for them to corroborate the earnings to

[paramjit2k]

- My official tax return for the previous tax year.

Fine. But not covering full year, so cant be an full evidence.

- An official letter from the tax department stating my year to date income.

Not an evidence, but yeah a supporting Document.

- A signed letter from my employer on company letterhead confirming my salary for the past twelve months.

Yeah, 1st evidence

- My wage slips for the past twelve months (same company, constant salary, plain paper, unendorsed).

Cannot be an evidence, u know the reason.

- The contact details of my management.

Hi sorry to hear ur rejection, but Somehow HO has some valid point to reject.

As ur ITR were not covering the full year, u shud had provided the alternate proof covering 12 months. That cud be bank statements.

To use Sal slips, u have to get them stamped and signed.

[lysergik]

Hi sorry to hear ur rejection, but Somehow HO has some valid point to reject.

As ur ITR were not covering the full year, u shud had provided the alternate proof covering 12 months. That cud be bank statements.

To use Sal slips, u have to get them stamped and signed.

Just to clarify things...

I provided an income tax return for the Apr 2005 - Mar 2006 tax year AND an official letterheaded letter from the tax department stating my earnings for the tax year to date (Apr 2006 - Nov 2006). That was my first set of evidence and from what I understand it was acceptable.

The second set of evidence I provided was a letter from my employer, on the company letterhead, with full contact details, stating my salary, that I had been paid that salary for at least the past twelve months, and it was signed by my management.

I could not provide endorsed wage slips because the company I work for is small and just doesn't have a stamp, and my wage slips are basically a collection of online printouts. I was being cautious and just sent them in to further backup the tax documents and the letter.

The stated reason my application was refused was because I did not state a 'sufficient reason' WHY my wage slips were not stamped and so they refused to consider the letter from my employer as exceptional circumstances.

I called the HSMP customer care people last night (their day) and tried to get some advice. They basically told me an appeal wont work, and that when I reapply (and give them another 315 pounds) I should just go get some kind of company stamp made up to stamp my salary slips with.. (which kind of defeats the whole purpose of it if you ask me!). They also told me its completely subjective what the caseworker decides is exceptional circumstances anyway, so I shouldn't rely on it and just get my printouts stamped somehow...

Hopefully somebody else can learn from my mistakes in dealing with the system and not repeat them! Might have to call them tonight and ask what they expect the stamp to look like! Its almost like a joke... for double laughter, last time I sent in an application it arrived in the UK Nov 8th..