Help needed - new HSMP application

[dmac820]

A friend of mine has used this forum and spoke very highly of it. I am just about to start my HSMP application and would appreciate any help that could be given.

Here are some details of my situation:

-I am a US citizen who graduated with a Bachelors of Science degree in psychology from an accredited US university in August 2006.
-I arrived in the UK on August 19, 2006 on a six month BUNAC Work in Britain visa (This program is for students who have recently graduated to give them the opportunity to live/work in the UK unrestricted for six months).
-A month after arriving in the UK (Sept 18), I began full time work at a patent law firm in London as a paralegal. I had worked in a patent law firm in the US from October 2005 to May 2006 (part time) and in the same firm from May 15, 2006 to August 4, 2006 (full time).
-My current company in London were very keen to keep me on permanently and helped me file a Work Permit application which was submitted on February 13, 2007.
-Concurrently, upon the advice from an immigration attorney, I filed an FLR(O) on February 16, 2007 which allowed me to maintain my previous visa status (BUNAC) while my WP1 application was pending.
-My WP1 application was rejected and my company appealed it. In the meantime, my FLR(O) was also rejected which I appealed on March 13, 2007.
-I am still in the UK and legally working because of the pending FLR(O) appeal.
-Unfortunately this past week my WP1 appeal was rejected which means that I am only legally in the UK until the time that my FLR(O) appeal decision is received.

I feel that I have 75 points on the HSMP calculator, detailed below:
30 points – Bachelors of Science degree
20 points – Previous earnings (Just got a pay raise from ₤23,000 to ₤ 24,060, so therefore my earnings would be based on 6 months at ₤1916.67 per month and 6 months at ₤2005, for a total annual projected income of ₤23,530.)
5 points – Previous UK employment (Working as a paralegal in patent law firm since Sept 2006 and claiming points from the earnings category)
20 points- Age (I am 22 years of age).

Key Questions

1. Because my FLR(O) decision can come back at any time, I am unsure as to whether I can still submit this application as someone who is in-country. If my FLR(O) comes back as approved, I would be legally allowed to stay in the UK for 6 months but without work authorisation. If it gets rejected I have to return to the US. Given this situation, can I still submit my HSMP application as an in-country, even though my current visa status could expire at any time while it is pending?

2. In the Guidance Notes for filing an HSMP, I read about how they allocate your annual salary if you have lived in two different countries within the last 12 months. As I read it and from my understanding, if you have lived and worked in two countries in the last 12 months you are able to claim earnings from the country in which you spent the majority of that time (in my case, the UK). I would claim my start date of earnings as my first day of employment at the UK patent law firm (Sept 18). Is my end date of earnings when I file this application or is it my projected income as of one year from my start date?

[vidya]

hi , from what i read of your details , sounds like you have a very good chance of getting approval if you apply for HSMP ...

Age and UK work experience points really tip the balance in one's favour while applying ...

[LankanFunkin]

hang on a sec... If you *just* got your raise, you might have a tough time saying that that will be the rate henceforth. I'd think the right way to pro-rate your earnings over the last 6 months is by:

((Total earnings in UK over last 6 months) / 6) x 12

So for the period ending Mar 18 = (11500/6)x12 = GBP 23,000

So basically, you need to have received that increased pay for you to be able to consider it.

Now if this puts you under by a fraction, then consider pushing your application a few days off, so you let your new higher paycheck make a more sound impact.

Example -
Period ending Apr 18 = (((1916.17x6)+(2005)) / 7) x 12 = GBP 23,152
Period ending May 18 = (((1916.17x6)+(2005x2)) / x 12 = GBP 23,265

I'm not quite sure what the cut-off is, and how long you have to play with this. If you are still under, perhaps you could encourage your firm to increase your pay by a more substantial amount that would place you above the cutoff?