IS HO MAKING IT RETURNS MANDATORY ??

[shockboy2000]

"If you can't provide this then you must state why in the exceptional
reason section on the form. If you can include this you can then provide 2
additional pieces of evidence. These should ideally be the wage slips and bank
statements. "

Whilst they do put in bold that it is mandatory, just as it says in Guidance notes and application form...in that response they sent to you it also clearly says what to do if it cannot be supplied.

A lot of your period is in PY, hence i would have thought P60 was already sent in.

They refer to this as being "in your case"

therefore there is still no clear answer for people whose 8 months is all in CY (2006/2007), i.e. HSMP extensions

[nnj10]

Hi All/Shockboy,

From whatever, I read on this forum, esp. from last week-end onwards, when people started posting out their results, it has become very clear to me that the ITR- is a must for everyone, even if the earnings claim period falls marginally in the previously completed tax year.

I am not saying this just for the sake of saying, but I myself used to think like providing other proofs (I have done that) and claiming exceptional circumstances, but this really does not help.

As somebody on this forum somewhere said "EXCEPTIONAL MEANS YOUR DOCUMENT WAS LOST IN WAR, DISASTER ETC" they follow this as a strict guide line, cause it is written in guidance notes too

The guidance notes, clearly states as below:
(Read para 43 on page 25 of 33 of HSMP Guidance for Applicants:

43. In order to demonstrate your total annual
salary before tax you should provide both:
�� Your income tax return. If the tax year does
not cover the full period claimed other
corroborating evidence is required for the
period(s) not covered. Self-assessment tax
documents are not accepted, as they are not
independent;
�� Your wage slips covering the entire 12 months
period.43. In order to demonstrate your total annual
salary before tax you should provide both:
�� Your income tax return. If the tax year does
not cover the full period claimed other
corroborating evidence is required for the
period(s) not covered. Self-assessment tax
documents are not accepted, as they are not
independent;
�� Your wage slips covering the entire 12 months
period.


Hope this helps to everyone.
NNJ10

[shockboy2000]

i can read English fine thankyou - for those of us who have read the guidance notes before applying - its quite clear ITR is mandatory if your period falls into a year in which you should have had tax return.
If part of your period is in 2005/2006 then yes, you need to have a darn good reason not to supply that p60/tax return.

It does not address the issue for those of us whose period falls ENTIRELY where you cannot have a tax return at all (i.e. 2006/2007)...only time will tell

[nnj10]

Hi Shockboy,

That is what I said.

Suppose, you have your earnings claim period that "DO NOT FALL" at all in the complete TAX YEAR, then you have the SOLID EXCEPTIONAL REASON, and then you can submit your Bank Statement, Employer letter etc. The points are yours....

I was saying for those who's earnings period partly falls in the previously completed tax year.

NNJ10

[shockboy2000]

and to alleviate all confusion, i have just sent an email to Work Permits - and asked them to get a HSMP case worker to respond, asking:

"what is the situation is where you are claiming the 8 months 1April -30November"

yes, you could send p60/taxreturn for previous year (those first 5 days in April), but it will not have any information that ties together with the payslips or bank statements for April or later

For most people a payslip for working April (1-30) will be paid in May and count as 2006/2007 tax year.

i will post answer when i get it

[shockboy2000]

just spoke to Work Permits on phone, and for the first time spoke to someone who seemed like she knew what is going on in that place.

She admitted a lot of people are having applications rejected due to no tax returns. Explained the scenario of having previous tax year finish April5 2006, and us starting to claim earnings from 1April 2006.

She said that if the tax return isn't going to provide any information about your earnings for that period (1April - 30 November), then it probably isn't necessary and yes, tick Exceptional circumstances and state that reason for supplying alternate.

She said the reason a lot of people have failed in this area is because a lot of them haven't ticked exceptional circumstances and stated this reason - they've just submitted the alternate evidence.
Seems like it is all about filling out the form correctly.

So to clarify:
- it MAY be fine not submitting previous year UK p60/taxreturn if the income on it would not relate to the period you are claiming for (i.e. where there is a matter of days of overlap of tax period vs. your claiming period)
- this is only what one person has said on phone, the caseworker may still have difference of opinion, so dont take the above as granted - i am just writing it so ppl dont immediately have a panic attack over the issue.

===============

She also told me that if you do an APPEAL/REVIEW - you can STAY in country for 28 days but CANNOT WORK if your LTR has expired.

I forgot to ask if that 28days was:
a) after your LTR expires, or
b) after you sent in the appeal (you have 10days to appeal after decision)

I will need to find out since my FLR will probably expire before HSMP decision made.

[Jk2007]

I will need to find out since my FLR will probably expire before HSMP decision made.

Shockboy,

Have you submitted your HSMP extension form? Can you provide the timeline of your application?

[shockboy2000]

love to.

28DEC2006 Mailed FLR(HSMP) for Extension
29DEC2006 Application arrived (signed for)
30DEC2006 Submitted previous year P60/taxreturn anyway cause i was bored saturday morning. Explained in covering letter with it that i still dont believe it adds anything to my application since i'm claiming Apr1-Nov30. Its self-assessment too.
03JAN2007 Work permits Sheffield (me phoning them) confirmed they've received application, but hasnt been assigned caseworker or reference number yet
13JAN2007 Current HSMP FLR expires

I'm not stressed about getting decision by end of next week since we can still work whilst they're analysing the case, but i want my decision soonish so i can appeal if necessary and get that finalised.

Work Permits told me it is not advisable to travel whilst appeal is in progress (you would have to re-enter as Visitor even if still in the 28 days appeal period). She said HSMP appeals *can* be turned around in a couple of days if necessary - but that would prob depend on the case.

Returning as Visitor doesn't worry me since i am not really interested in permanent residency/UK passport. But i need to enter Canada before Feb7 to enable my Canadian work visa before i forfeit it.

I had a PM from someone saying their rejection letter said they had 28 days to appeal. I'm not sure that is (worded that way) 100% correct.

I was reading the immigration website yesterday that said an appeal/review for any visa must be submitted within 10 days of the decision.
Work permits on the phone explained that we could stay for 28days after the decision had been made (to packup and leave, appeal or transfer to work permit)

So my understanding of all that is - you cannot appeal more than 10 days after the decision.
You can stay for 28days after LTR expires, but not work.
If that 28days expires and you had appealed in the first 10 of them, then you probably have to leave the country anyway (possibly come back in on Visitor visa)

Please tell me if i am wrong on any of that

[Jk2007]

shockboy2000

Thanks for sharing the timeline, and for providing the additional information.

I wish you get extension soon, and continue your job in UK.

Why do you think you may have to appeal? Do you think HO may not interpret your earnings claims correctly?

[srikp]

Is it mandatory to have the photocopy of Form 16 signed and stamped by employer?

The original that I have submitted to Indian IT Dept. has a stamp and signature and therefore the photocopy has it too. But then, do I still need to get a fresh stamp and signature on this photocopy?

I do have the SARAL form that is signed by stamped by IT. Would that cover up for not signing and stamping the Form 16 photocopy?

[freebirds]

hi srikp,

i requested my employer to sign and stamp duplicate form16 and they obliged to do it.
also, i submitted the SARAL. but its only stamped by the IT dept. its not signed. I went to the IT dept and asked them abt this. they responded saying we stopped signing the sarals as its difficult to identify who signed the documents.
i stated the same reason in the covering letter and YES, i ticked the exceptional situatios and mentioned the reason for exception.

lets see..i submitted on 30th decemebr 2006 and CC was charged some 3rd jan i think. guys, when will i get the reference number to the email id i gave. do we have to phone them?

[srikp]

Yes, freebirds. My SARAL also isn't signed.

But I guess, I'll have to get my Form 16 photocopy stamped and signed by my previous employer.

Does it have to be signed by the same person who initially signed the original Form 16? In my case, it was signed by CFO of the company. I can't foresee him signing for me again. But, I could get someone from the Payroll/HR do it. Guess that's ok?

[basitali]

Hi,

Its right HO made ITR form mandotary if the period claimed falls under the income tax year. even if its few days.

Regards,

Basit

[funny_009]

Hi All,

As proof of past earnings, i have Form 16 for period oct 2005 to march 2006 and the remaining period i want to show my bank statement, apart from this i have 13 pay slips out of may past 15 , i am missing April and july one, is that ok if i submitt 12 excluding thiose two months,

Please advise, i am planning to apply this week end,

Thanks in advance to all

Regards
Funny_009

[shockboy2000]

Hi,

Its right HO made ITR form mandotary if the period claimed falls under the income tax year. even if its few days.

Regards,

Basit

where is this written ?

what is the 2nd piece of evidence that will match the ITR in the case of 5 days in previous tax year? On its own, it proves nothing for 2006/2007 income

the payslips (April2006) are for the entire month and wont be invoiced+paid until following month, so April2006 will not be on the 2005/2006 tax return.

the bank statements will be a month behind the payslips, so cant be that