1. I got approval on review on 6 June 2007
ball1333's review request letter wrote:22 May 2007
Highly Skilled Migrant Programme
PO Box 3468
Sheffield S3 8WA
UNITED KINGDOM
Fax: 0114 207 6021
REF: Miss ball1333 - United States of America - Day Month 198X - HSMP Application 21****
To the HSMP Application Review Team:
I write to request a review of my HSMP Application REF 21****, refused 14 May 2007 on the basis of points not awarded for Previous Earnings. My letter of refusal states:
* "You stated an income of $XXXXX.XX
* "The two pieces of evidence that you have supplied do not corroborate each other because the amount shown on the income tax return did not match the amount calculated from the wage slips provided."
* "In line with the published guidance, no points have been awarded."
Based on a phone conversation with an HSMP helpline representative, I believed prior to submitting my application that HSMP caseworkers were familiar with American wage slips and Form W-2 tax returns. However, in light of the rationale for refusal of my application, it appears that certain aspects of the United States' income tax system relevant to my stated income warrant clarification. This letter seeks to clarify that my stated income of $XX,XXX.XX is corroborated by evidence that I provided.
The published guidance is not specific regarding whether earnings from the United States should be calculated according to absolute gross earnings (which may include compensation exempt from tax), or per Form W-2 income tax return declared gross earnings. Thinking conservatively I stated only the earnings declared on my Form W-2 tax return, a lesser sum than my absolute gross earnings per wage slips. My absolute gross pay per wage slips includes compensation that was exempt from taxation ("tax-deductible"). According to United States Federal law, tax-deductible income (for example, money one elects to set aside from gross earnings for medical expenses) is not reflected on the Form W-2 tax return because it is not included in assessing income to be taxed.
"Gross earnings" on my periodic wage slips reflects my gross pay before deduction of the non-taxable amounts from my pay. The Form W-2 reports my taxable income after the pre-tax deductions taken from my periodic salary payments. Thus the total pay per the Form W-2 reflects less in wages than the total of the 26 bi-weekly "this period you earned" amounts on my wage slips. Depending upon how one defines gross and/or declared income, perhaps I may be entitled to claim as earned income all the money that appears as "gross earnings" on my wage slips (over $70,000.00). However, to be on the safe side I stated in my HSMP Application only the amount of my overall income corroborated by my Form W-2: $XX,XXX.XX.
In good faith I stated in my HSMP application only my earnings as declared on my Form W-2, $XX,XXX.XX (£AA,AAA.AA at exchange rate $2 = £1 = 35 HSMP points). My wage slips and tax return both indicate that I earned this sum in taxed income. Below please find a reproduction of a portion of a wage slip dated 2/22/07 included with my application (NOT NEW EVIDENCE) on which the W-2 earnings field is marked showing less than absolute gross earnings. [NB there is no special significance to this one wage slip, it is provided only to illustrate that W-2 earnings are reported on my wage slips separately from, and as less than, absolute gross earnings.]
For the reasons outlined above I respectfully request your reconsideration of my stated Previous Earnings.
Yours faithfully
[scanned image of portion of wage slip aligned to right margin]
ball1333
2. Caseworker saw all the evidence in my initial application but did not know how to interpret the difference in my gross income and and the income declared on my tax return.
3. With my original application I sent only my wage slips, copies of corporate payroll calendars for 2006 and 2007 (to assure the caseworker that I had provided all wage slips for the period claimed), and my W-2. The caseworker who rejected my application told me on the phone that if I had told him up-front in a letter with my application why my claimed earnings were less than my absolute gross, and why my tax return stated less than my absolute gross, he would probably have approved my application immediately. He advised me to apply for a review.
4. I was advised by the caseworker who rejected my application that applying for a review by fax would be faster than applying for a review by post. Also, the HSMP team can be sure that you are not submitting any new evidence if you apply for a review by fax. If you want to point out to the HSMP team some details that were included in your initial application, make sure you include the phrase "(NOT NEW EVIDENCE)" after referring to the item in your letter. Make it clear that they already have a photocopy of the original item.
Contrary to what some forum members have said, the HSMP office *DOES* keep a photocopy of every scrap of original evidence that each applicant sends. When they do a review of your application, they work from the photocopies. That is why we are not supposed to send anything except the request for review form and a letter outlining our case.
5. I faxed my review request on 22 May 2007 and my review was successful on 6 June 2007 (I phoned on 12 June 2007 and heard the result). I am still waiting for my approval letter, which seems to have been delayed in the post. I will phone to ask about getting a replacement letter if I have not received my letter by early next week.
6.Yes, they can accept an Urgent Treatment form for review applications. I was encouraged by one of the HSMP helpline staff to submit one when I whinged on the phone about how it had been 2 weeks and my request was still in the queue. I faxed my Urgent Treatment form on 7 June, only to find out on 12 June that my application was approved on 6 June! (Slightly ironic.)
7. Covering letter provided above. Actually I sent it behind the official request for review. In the review request form I wrote:
ball1333's review request form 'Reason for Review' wrote:My stated Previous Earnings are corroborated by the evidence that I originally supplied to support my application. Please see the page following for details (Letter “REF: Miss ball1333 – United States of America – Day Month 198X – HSMP Application 2*****â€
