HSMP INTERNAL CASEWORKER GUIDANCE V4.

Reviews
Contents

• General comments
• Where should review requests be sent?
• The applicant can only ask for two reviews of an initial HSMP
application
• No further evidence should be provided
• What if the applicant sends in further information with the review
request?
• What if the review request is more than 28 days after the original
HSMP decision?
• What if the letter is a complaint about the handling of an application?
• The review should not be worked by the same caseworker
• The process of reviewing an application
• What process should the caseworker follow on the caseworker
comments?
• Comments for sections where the points claimed were previously
awarded
• Comments for sections where caseworker considers points should
have been awarded
• What if a caseworker considers the review should be approved?
• Wording concerning reviews
• Wording on the initial refusal letter
• Wording on first review refusal letter
• Wording on second review refusal letter

General comments

If an application is refused we permit the applicant/representative to request

two reviews of the decision. Reviews must always be based on the evidence
supplied with the initial application. No new information can be considered on
review.

The applicant/representative should send in a letter requesting the review of

the initial consideration and setting out the reasons why they feel the initial
application was not considered correctly.

Work Permits (UK) should receive the request within 28 days of the date of
the refusal letter.

Where should review requests be sent?

The applicant/representative should sent the request for a review to any of the
following:

HSMP Team
PO Box 3468

HSMP REVIEWS 1
HSMP INTERNAL CASEWORKER GUIDANCE V4.0

Sheffield
S3 8WA

E-mail: hsmp.workpermits@ind.homeoffice.gsi.gov.uk
Fax: 0114 259 3827

The applicant can only ask for two reviews of an initial HSMP application

The HSMP team will only accept two reviews for each initial application
refused. An independent caseworker on the HSMP team will undertake a
fresh re-consideration of the case. Where the caseworker reviewing the
application identifies further grounds for refusal the decision to maintain
refusal of the application will stand even if the scoring section the applicant
requested to be reviewed has been overturned.

All reviews must be cleared by an EO supervisor, or a person at least one

grade above the person making the previous decision.

No further evidence should be provided

The fact that the applicant or representative states that there is no further
evidence provided, does not necessarily mean that this is the case. When the
review request is received the past papers are recalled and a supervisor
checks the application to ensure that no fresh evidence has been included.
The following are examples of new information:

• Supporting documents not previously sent in

• Revised references or salary details

The following does not constitute new information:

• Arguments that we have misinterpreted HSMP criteria or evidence

submitted in support of the initial application.
• Repeat copies of material we have already seen

What if the applicant sends in further information with the review

request?

If any fresh evidence has been included in the review request it will be
returned to the applicant/representative with a letter explaining that they must
make a fresh application if they wish the further information to be considered.

The following wording is used in the letter.

We write in response to your request for review of your HSMP application, our
reference ******.

It appears that this letter contains new information. We are unable to accept this
for review.

HSMP REVIEWS 2
HSMP INTERNAL CASEWORKER GUIDANCE V4.0

If you wish us to consider this or any other new information, you should make a
new application, including the appropriate fee, to the address below:

Highly Skilled Migrant Programme

Home Office IND
PO Box 551
Doncaster
DN1 1XU

You should make this new application as described in the HSMP guidance notes.

If you would like us to review our decision based on your original application,
please write to the team at the address at the top of this letter, clearly stating how
you believe our decision is incorrect. You are advised to reference the HSMP
guidance notes to highlight where you believe an error has been made in our
consideration. Do not supply any documentation, even if previously supplied, as
this may result in the request being rejected. This process does not attract a
charge.

If you have any queries regarding the application process please contact our
Customer Relations team on 0114 259 4074.

Yours sincerely

HSMP Team

What if the review request is more than 28 days after the original HSMP
decision?

On receipt of a review request that is more than 28 days after the HSMP
decision a supervisor (EO) will consider if there are extenuating
circumstances to explain the delay. If there is no such explanation it will be
returned to the applicant or representative with a letter advising them that their
review will not be considered and if they still wish to apply for HSMP they
should make a fresh application

The wording for the letter is as follows:

We write in response to your request for review of your HSMP application, our
reference ******.

Your request for a review was received after the required 28 day period.
Therefore, we are unable to accept this request for review.

If you still wish to apply for the Highly Skilled Migrant Programme, you should
make a new application, including the appropriate fee, to the address below:

Highly Skilled Migrant Programme

Home Office IND
PO Box 551

HSMP REVIEWS 3
HSMP INTERNAL CASEWORKER GUIDANCE V4.0

Doncaster
DN1 1XU

You should make this new application as described in the HSMP guidance notes.

If you have any queries regarding the application process please contact our
Customer Relations team on 0114 259 4074.

Yours sincerely

HSMP Team

What if the letter is a complaint about the handling of an application?

The letter should be forwarded to the complaints section of Customer

Relations to monitor and handle an appropriate response. Where in doubt,
the complaints section should be consulted.

The review should not be worked by the same caseworker

A review of a decision should always be done by a different caseworker to the

initial consideration of the application. If a caseworker finds they have been
allocated a review that they caseworked initially they should return it to a
supervisor to be re-allocated.

The process of reviewing an application

The review is a full review of all the HSMP application. The consideration
process begins again at ‘0’ as the previous refusal may have resulted in the
application not going through the final checks done on an approvable case.
For instance the caseworker, on re-consideration, may agree that points
should be awarded for the section that the applicant/representative has
questioned.

However, through following the normal consideration processes and

undertaking any necessary checks the caseworker may find that points should
not have been previously awarded to a section, due to final verification checks
not undertaken on the previous application. In this instance points should not
be awarded.

Before taking points off, the caseworker should consult their manager. If the
overall decision is to maintain refusal, the letter should be carefully worded
and personalised. All reviews must be cleared by an EO supervisor, or a
person at least one grade above the person making the previous decision.

What process should the caseworker follow on the caseworker

comments?

HSMP REVIEWS 4
HSMP INTERNAL CASEWORKER GUIDANCE V4.0

When a caseworker receives a review they will have the review request and
the initial application file. They should make a fresh consideration of the
application. The caseworker should work their way through the case and copy
the previous caseworker notes onto the current comments of each section
and then add the review caseworker notes underneath. A line of asterisks
should separate the two sets of comments so it can be clearly seen which are
the review notes.

Comments for sections where the points claimed were previously

awarded

The caseworker should use the comments stencil for the review
consideration. If a section was awarded the points in the previous application
and the review caseworker agrees with the consideration the caseworker
should complete the stencil, adding to the comments ‘ agree with previous
caseworker – award points’.

If the caseworker disagrees, they should give details of why they disagree and
then complete the process of considering the case. If the case still falls for
overall refusal they should bring to the attention of a manager that they have
not awarded points in an area where the points were previously awarded and
the decision should be agreed by at least EO level before the decision is sent
out.

Comments for sections where caseworker considers points should have

been awarded

The review caseworker should use the comments stencil. After consideration,
if the reviewing caseworker considers that the evidence supplied by the
applicant is sufficient to award points they should put appropriate comments
on Adept and award the points.

What if a caseworker considers the review should be approved?

If the caseworker, after reviewing the areas requested by the applicant,

considers that the application should be approved they should process the
application in the normal way and create an approval letter. All reviews must
be cleared by an EO supervisor, or a person at least one grade above the
person making the previous decision.

Wording concerning reviews

The caseworker should ensure that the following paragraphs have been
added to the appropriate letter when composing the decision letter.

Wording on the initial refusal letter

The caseworker should ensure that the following paragraph is included in the
refusal letter.

HSMP REVIEWS 5
HSMP INTERNAL CASEWORKER GUIDANCE V4.0

If you want the HSMP team to reconsider this decision on the basis of precisely
the same information provided in the original application, you should write to the
HSMP Team, within 28 days of the decision, clearly setting out the reasons why
you think this decision is incorrect. Any verbal request for a review cannot be
considered a valid request.

The reasons for refusal are set out in the refusal letter. Please consider the
refusal information carefully before requesting a review based on the same
information. No supporting evidence should be sent with your request, as the
review will be considered on the evidence previously provided.

If you wish us to reconsider this decision on the basis of new or additional

information not included in the application that is the subject of this decision,
you must submit a fresh application on the appropriate HSMP form. You can
submit a fresh application at any time together with payment as appropriate.

Wording on first review refusal letter

The following paragraph should be added to the first review refusal letter.

We have completed an independent internal review of your application. The

outcome of the review is to maintain refusal as the application and the
supporting evidence does not meet the requirements of the Highly Skilled
Migrant Programme. A supervisor has endorsed the decision on this review.

If you feel there is new information, which has not previously been made
available, that will enhance your application, please submit a fresh application on
the appropriate HSMP form. You should include full supporting evidence
including the new information and the relevant payment with the application.

Wording on second review refusal letter

The following paragraph should be added to the second review refusal letter.

We have now considered your application thoroughly on three separate occasions

by means of independent consideration and endorsed by a supervisor. In these
circumstances, we are not prepared to undertake further reviews of the same
information. If you feel you wish to submit new information, which has not
previously been made available, you should make a fresh application on the
appropriate HSMP form. You should include full supporting evidence including
the new information and the relevant payment with the application.

HSMP REVIEWS 6