Four Days Left 4 Review.Plz advise

wazee89 · Post by **wazee89** » Wed Jan 17, 2007 3:49 pm

i received my refusal letter this morning after a long halt of 5 months. I can review before 22nd january which i want to as the reason they declared is what does not applies to me.
" We were unable to reach your employer, so you does not qualify for HSMP"
beleive me, they have never ever contacted my office neither they sent a fax. I am the General Manager Marketing of a big group of companies and my profile alongwith my name is also emblazoned on our company's website under " Management Section"
Every call in our office is recorded and i am more than 100 % sure that they never approached my office.
I am terribly upset whether this is discrimination or just negligience from BHC or HO.
I dont know how to file a review and on what address to send it. also can i fax it? plz help me by advising me on what i should write in my review request.
I have only 4 days left.I always depend on this forum 4 help and advice.
plz help me on urgent basis

Prayers
Wazee

shockboy2000 · Post by **shockboy2000** » Wed Jan 17, 2007 3:53 pm

review form is on same webpage (workingintheuk) the application/guidance notes are on:
http://www.workingintheuk.gov.uk/workin ... forms.html

there is seperate review form if you applied before/after or on 8November

it can be faxed

not that is should matter, but is this company in the UK or not ?
It seems some other people have had issues with HO not contacting overseas companies (HO contacted embassy in that country and the embassy did nothing, so HO just rejected after X amount of days)

first call up Home Office, ask to speak to the case worker and ask the case worker:
what employer phone number did you call ?
when did you call ?

etc... try and gather evidence to prove they didnt make any effort, and state that evidence on the review form.

wazee89 · Post by **wazee89** » Wed Jan 17, 2007 4:09 pm

thx.i am from pakistan. is it OK to talk to my caseworker and inquiring about their efforts? can i also check with my local BHC i.e. Islamabad for details in this context?
should i have to attach a seperate sheet to explain to them about that website page and regarding "no received call"?
i have heard that normaly they upheld their decision. would review be helpful to me?

Prayers

shockboy2000 · Post by **shockboy2000** » Wed Jan 17, 2007 4:19 pm

i cannot comment about 'upheld' decisions, i have only been looking at other peoples HSMP cases since 05Dec2006

Other people have spoken to the caseworker and got more information about why it was rejected from that person, therefore you should be able to as well.

I think the 1st step is to talk to caseworker. One of 3 things happened:
1) they asked the BHC in Pakistan to contact employer
2) they tried calling employer directly
3) they didnt call anyone.

if it was 1) then go ahead , call BHC and see why they did nothing
if it was 2) ask when (date+time) + where they called so you can supply proof from your company that no call was ever received
if it was 3) i doubt HO would admit to this - but you shouldnt have been rejected if caseworker was too lazy to call.

Once you have more information, you will be in better position to explain why a review is appropriate...just attach reasons and evidence with the fax for review

wazee89 · Post by **wazee89** » Wed Jan 17, 2007 4:37 pm

Thx shock boy. lot of prayers for you
but is it so easy to talk to the caseworker? i telephoned HO this afternoon and they confirmed about the decision after 3 tries and finally after a long wait of 14 minutes.
do i have to call at the same no i.e. 00441142046020 or to another number.
if i can access him by any means, doesnt matter how much time i consume, i have to complete that process by tomorrow evening.
plz advise

shockboy2000 · Post by **shockboy2000** » Wed Jan 17, 2007 4:44 pm

try searching this forum for phrases like 'spoke to (my) caseworker' etc, to find out who has already done this.
Hopefully the same forum posts mention the phone number they called on / the process.

best of luck, i look forward to hearing what you learn

wazee89 · Post by **wazee89** » Wed Jan 17, 2007 5:06 pm

thx. i just telephoned HO and they just gave me my caseworker name, but he already left the buiding so i hav to call tomorrow.
which route is better, talking to him or, sending him an-email?
obviosuly e-mail reply could get ages to come back so what i think is that calling directly my caseworker especially when i dont have enough time to wait, is better rather e-mailing him.

Your thoughts sir?

shockboy2000 · Post by **shockboy2000** » Wed Jan 17, 2007 5:13 pm

do both: email now, call tomorrow morning UK time

if for some reason you dont get answer by either, and you get to the point of needing to fax in review request - make sure you say what the time difference is between UK + Pakistan (i am sure the working hours overlap by a couple of hours at least), so they (HO) are aware what time they should call and cannot use that as an excuse for not benig able to contact employer.

wazee89 · Post by **wazee89** » Wed Jan 17, 2007 5:43 pm

thx again.
i hv sent him an e-mail and be calling him tomorrow.
there is 5 hrs difference between PST and GMT.
last but not least, can i attach seperate sheet with the review request in support of my application.
what do you suggest, i should write in favour of my application for review as i have narrated the whole story. do i have to send all documents back with my review? or copies? or just the review form.
also i think it is a better idea to be discrete with my caseworker, when i call him tomorrow?
taking ur time once again sir

shockboy2000 · Post by **shockboy2000** » Wed Jan 17, 2007 5:49 pm

just fax review request form + 1 extra sheet explaining why if you need the extra room

be polite/friendly with caseworker on phone so they will be more likely to help you.
But make sure you get the answers you want: who was called, who made the call, when exactly was the call made.

If they did ask BHC to call your employer- ask how many days HO wait for response from BHC.

Again, if BHC was used, ask the caseworker if it is possible to have the next caseworker NOT make a decision until BHC has definately called/responded.

wazee89 · Post by **wazee89** » Thu Jan 18, 2007 5:22 pm

i met with my consultant today and some bad news awaiting me there. when he showed me the refusal letter, the decision date implanted on it was 21st december which means that 28 days days have already passed. but he claimed that as he received letter day before yesterday so he can send a review bcz of the courier delay. my question is, if it is true that i can apply for a review regardless of the decision date mentioned, because i had recceive it late?
if yes then it is a good news otherwise.........
secondly he is just sending a simple review request form and not a seperate sheet with it as he thinks that it would not be appropriate to send in even a single line with it.
it looks he is making my case more unclear as we should clearly mention our conccerns about it.
what is ur expert opinion?

prayers

Faisal Akram

shockboy2000 · Post by **shockboy2000** » Thu Jan 18, 2007 5:31 pm

i was wondering what happened with you.

i thought a review had to be made within 10 days of decision.., did it say 28 days on the letter?

did you contact the courier to see why it was delayed ? i have heard stories that some immigration lawyers/agents have been very slow contacting their client (applicant) about results.
If it was the agent/lawyers fault, it could explain why they don't want to say anything on the review request...

my (not so expert) opinion, is that you need to know exactly what the caseworker did in the first place..otherwise, the exact same thing may happen again, HO will simply send you a letter saying your application is rejected still (decision upheld), and all you can do is apply with brand new application + spend more money.

You only get 1 chance to review, and i think you first need to know exactly what happened re:
1) HO contacting your employer
2) the delay in you finding out the result

wazee89 · Post by **wazee89** » Thu Jan 18, 2007 6:08 pm

yes HO mentioned that i can request a review within 28 days. it sates " If you want HSMp team to reconsider this decision on the basis of precisely the same information provided in the original application, you should either write to the HSMP team or send in the review request form from the website, within 28 days of the decision."

However another point to be noted is " You should clearly set out the resons why you think this decision is incorrect. any verbal request for a review cannot be considered a valid request."
" No supporting evidence should be sent with your request, as the review will be considered on the evidence previosuly provided."

Consultant statment is that he received it day b4 yesterday so it implies that the courier company showed laziness. plz note that the decision date is 21st December.

I dont know what is happening to me. I was informed of the refusal the day when the review timeline is passed yet legal representative claims that he received it two days ago.

i am in a fix.

prayers

shockboy2000 · Post by **shockboy2000** » Thu Jan 18, 2007 6:19 pm

yes you cannot send in any new documents (to prove the qualifications/earnings points you want to claim), but that doesnt mean you cannot send in something like:

- letter/fax from courier admitting they took 28days to get the letter to you/consultant
- phone records from your company
- covering letter from you stating the previous caseworker admitted they did not call employer / wait for any response from BHC
- a letter from consultant "swearing" that documents were received back very late (is the consultant a lawyer?)

These documents will simply support why you deserve a review.

wazee89 · Post by **wazee89** » Thu Jan 18, 2007 6:46 pm

phone records from your company
- covering letter from you stating the previous caseworker admitted they did not call employer / wait for any response from BHC
- a letter from consultant "swearing" that documents were received back very late (is the consultant a lawyer?)

let me mention finalll the exact grounded sentence as well " We have been unable to verify documents supporting this application. The documents we were unable to verify were the references and pay statements provided by XXXXXX. Therefore we cannot be satisfied that XXXXX meets the requirements of the HSMP arrangements. "

i think now you can advise me better.
How can i produce phone records of the company? i mean should it be a statement from the company that no call was received or on their Caller identification list? or something else..........

also could i force my consultant ( he is not a lawyer) to write & attach a seperate sheet setting out the reasons like
1- my company hasn't received any call from BHC
2- I am one of the member of a senior managment of my company and even my name is clearly mentioned on company's official website under management section.( can i also send in my official E-mail?)

another thing which just struck into my mind could be mind-blowing 4 me.
The company in which i am working is actually a group of companies headed by a partnership concern ( others three are private limited companies) and i have provided reference letters & pay statments of the same partnership concern ( letterheads). But it doesnt mean i am working for it only. I have to work for the rest of companies as well as i am the head of the group rahther than a single concern or a company. was this a problem? as here in pakistan partnership concern are not listed on SECP website where the companies are liable to register. but our official website tells the whole story for other companies as well. should i mention this in my explanation letter( i mean that my group is a leading group of companies and merket leader in XXXXXX)

I am sorry for disturbing u again sir

Prayers

Faisal

shockboy2000 · Post by **shockboy2000** » Thu Jan 18, 2007 7:30 pm

The 1st problem is you still dont know if caseworker OR BHC made any calls.
There is no point getting statement from company if HO say no call was ever made.
If BHC or caseworker say they made a call - then check company phone records for that day and get statement from your company saying no call was received on that day.

I am not sure the partnership thing is an issue. They should have called the phone number you supplied on covering letter with HSMP application / or the phone number on the pay documents letterhead.

Only then can you/consultant state on review form, that "no attempt was made to contact employer, please review documents again and call my company between 9am-12pm UK time to verify any of the documentation"

I am not sure mentioning the website will help - it doesnt confirm for HO what you were paid, and there may be lots of people in the company with the same name.

wazee89 · Post by **wazee89** » Thu Jan 18, 2007 7:56 pm

thx a lot. i knew that this forum would help me out. again, i am really grateful to you. plz keep up this good work for other aspiring ones.
i ll update u tomorrow.

lotssssssssssssss of prayers for you.

wazee89 · Post by **wazee89** » Fri Jan 19, 2007 4:07 pm

I hope you are in the best state of health as it leaves me here. another day to ask questions.
i met my agent today and he confirmed that my review is already been sent to HO. he wrote in it that there was no attempt made to verify my documents from my employer so...........looks shooting in the dark would work. i can only sit and relax and no other option left for me now.

could it be jeopardizing my application as if clearely my agent has accused the caseworker that the call was not made. though it is true but he could outburst........... i wish his wife would give him a morning kiss so he is cool then.

Is there any possibility to sue HO for their wrong actions like it is been done in other cases?

shockboy2000 · Post by **shockboy2000** » Fri Jan 19, 2007 4:16 pm

well it will be another caseworker who has to look at the review, so they wont be taking any accusation against the original caseworker the wrong way.

hopefully they will review your case (despite late submission) and contact employer successfully this time.

i doubt you would get very far suing, considering you still dont know who is to blame for the lack of contact the first time. It could be HO, it could be BHC, it could be wrong number they tried to call. You dont have any facts (yet)

wazee89 · Post by **wazee89** » Fri Jan 19, 2007 4:51 pm

hopefully they will review your case (despite late submission) and contact employer successfully this time

i am also praying for it too.

yup late submission is an issue but lets see what happens though my agent was highly confident that there is no need to worry about review submission.

do you have any knowledge if an HSMP applicant challange his decision in court?

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