Feb 3, 2007

UK - Highly Skilled Migrant Programme (HSMP) Update to the Frequently Asked Questions (FAQs)

23 January 2007

In light of the first weeks of operating under the amended eligibility criteria the HSMP FAQs on this website have been updated with further clarification of existing guidance to provide customers with help in making their HSMP application.

Evidence is required to support your claim for previous earnings. More than one piece of evidence is required for the period you are claiming so that the information can be corroborated. The evidence must be from an independent and verifiable source. To ensure that the process is objective and transparent, the evidence we require is detailed on the application form. Different types of evidence are required if you wish to apply using Salaried Earnings, as an Independent Contractor or as a Self-Employed person.

Please refer to the FAQs before you submit your application. They are updated with the latest information on questions being raised by applicants. They will help in completing your application form correctly and providing the required evidence.

This update of the FAQs provides further clarification on the following:

  • What is a tax return?
  • Salaried earnings - I have not got a tax return to cover the full period ? what can I do?
  • Independent Contractors - I have not got a tax return to cover the full period ? what can I do?
  • Self-Employed Applicants - I have not got a tax return to cover the full period ? what can I do?
  • What is an independent contractor?
  • What are overseas earnings?

The FAQs are available by clicking here.

If you have questions regarding the HSMP application process that are not explained in the FAQs or the guidance notes provided with the application forms please contact us. Details of how to contact us are available here.

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Highly Skilled Migrant Programme - Frequently Asked Questions

1. How can I obtain the guidance notes and application forms?

You can download the Highly Skilled Migrant Programme: Guidance for Applicants and the HSMP1 application from the 'All forms' page. Alternatively, you can request a copy to be posted to you by calling our Distribution Centre on 0870 521 0224.

2. How do I know what documents to send with an application?

The HSMP: Guidance for Applicants explains and defines the evidence we require from you in order to qualify for points towards the scheme.

3. What is the fee for consideration of an application and how do I pay?

The HSMP fee is �315. Payment can be made by one of the 3 methods indicated on the payment form:

  • UK Postal Order
  • Credit/Debit card or
  • Cheque. Please make cheques payable to 'Home Office, Work Permits (UK)'.
You will be exempt from these charges if you are a national of Albania, Andorra, Armenia, Azerbaijan, Bulgaria, Croatia, FYR of Macedonia, Moldova, Romania or Turkey.

Please note ? a consultation on a new charging regime for immigration and nationality fees was launched on 30 October 2006. The consultation paper seeks a wide range of views to inform the development of a new charging strategy which will start to underpin prices in UKVisas and Immigration and Nationality Directorate from April 2007 onwards.

4. Do you accept copies of certificates or other evidence?

We will only accept the original specified information. Where a document is not in English the original must be accompanied by a fully certified translation by an officially recognised translator. An officially recognised translator is defined as one that is recognised by the local British High Commission or Embassy.

5. Will my documents be returned after consideration?


Decision letters and original documents can only be returned to the applicant's current address, declared on the front of the application form, or the address stated on the representative's declaration page, if supplied.

The HSMP case-working Team will return your documents once the application process is complete. If you need your documents back before this time, you will need to contact the HSMP Team on telephone number 0114 207 6020

For applications made within the UK, all documents will be dispatched using Recorded Delivery. For applications made from outside of the UK, documents will be sent by airmail

6. Can I arrange a courier to collect my documents from Sheffield?

Yes. If you wish to arrange a courier to collect your documents please notify the HSMP team by fax on 0114 207 6021 and they will contact you to let you know when and where your documents will be ready for collection. Please be aware that the HSMP team will not sign any documents from the courier company or pay for this service.

7. Can I send additional documents after I have made the initial application?

You should send in all the required supporting evidence with your application. Failure to do so is likely to lead to the refusal of your application. You may send in additional documents provided they reach the HSMP team before a decision has been considered. Please send any clearly identifiable additional documents directly to the HSMP Team in Sheffield.

By post:

HSMP Team
Home Office
PO Box 3468
Sheffield
S3 8WA

By courier:

WP (UK) HSMP Team
Home Office
Moorfoot
Sheffield
S1 4PQ

8. Do I need to send my passport in with the HSMP application forms?


No, do NOT send your passport for an HSMP decision.

9. Can I apply for this scheme by e-mail?


This service is not currently available for HSMP applications.

10. What is the provision for Masters of Business of Administration Graduates?

The 2004 Budget announced a new provision for graduates of the top 50 business schools to work in the UK for up to 12 months on completing their MBA. This provision forms part of the HSMP and aims to attract highly qualified and talented managers to the UK.

If you graduate from one of the eligible MBA programmes while that programme is on the list of eligible courses then you are eligible to apply for the MBA Provision. Successful applicants will be awarded 75 points for their eligible MBA.

11. Where do I send the completed application form and how?

Initial applications should NOT be sent directly to the HSMP team.

Application forms should be sent to our payment-processing site at the following address:

By Post:

Work Permits (HSMP)
P.O. Box 3975
Sheffield
S1 9BL

By Courier:

Work Permits (HSMP)
7th Floor
Fountain Precinct
Balm Green
Sheffield
S1 2JA

Applications for Further Leave to Remain should be sent to the following address:

By Post:

Work Permits (FLR)
P.O. Box 493
Durham
DH99 1WT

By Courier:

Work Permits (FLR)
Millburngate House
Durham
D99 1SA


12. Do you acknowledge receipt of the application?


We will confirm receipt of your application if you complete the relevant section of the application form. This acknowledgement will be sent once the payment has cleared and the application is received by the HSMP team.

13. What are your processing times?

Our service standard is that 50% of new applications should be decided within 5 weeks of receipt at our payment handling service and 90% within 14 weeks.

Your decision may be delayed if we need to make further checks or seek additional information. This action may result in your application taking over 14 weeks to decide.

More information on our service delivery standards.

14. Can my application be processed any faster than published estimates?

It is possible to make a request for your application to be processed urgently but only in the following circumstances:

  • You have urgent travel commitments;
  • You require urgent medical treatment;
  • You have received an offer of employment;
  • You have other exceptional circumstances.

You will be required to complete an HSMP Urgent Treatment form which can be faxed to the HSMP Team on 0114 207 6021. You can obtain a copy of this form from the 'All Forms' page.

15. How do I notify a change of my address?

If you change your address please send full details to the HSMP Team in writing to:

E-mail: HSMP.workpermits@ind.homeoffice.gsi.gov.uk
Fax: 0114 207 6021.

16. How long have I got, after a successful application decision, to enter the UK?

You must apply for Entry Clearance at a British Embassy within your own country and within 6 months from the date of your approval letter.

17. How do I apply for an extension to an existing HSMP permission or one close to expiry?

Extension applications must be submitted up to one month before your Leave to Remain as a Highly Skilled Migrant expires.

Please complete an FLR (HSMP) form, enclosing the appropriate fee (�335) and specified required documents (see Annex C of the FLR(HSMP) Guidance Notes). Your passport and those of any dependants must be sent together with the FLR (HSMP) form in order to be endorsed.

18. I was initially granted 1 year on HSMP, for how long will this be extended when I apply for an extension?

The Immigration Rules allow an extension of stay as a Highly Skilled Migrant to be granted for a period 'not exceeding three years'. However, in light of the changes to the Immigration Rules which came into effect on 3 April 2006, which increased the qualifying period for settlement from four to five years, you may be granted a four year extension.

19. I have been working in the UK for 4 years and my HSMP visa is about to expire, can I apply for Indefinite Leave to Remain?

No, the minimum requirement for Indefinite Leave to Remain is now 5 years. You should apply for Further Leave to Remain, which is normally granted for 3 years. You can then apply for Indefinite Leave to Remain as soon as you reach the 5-year qualifying period.

20. My application for HSMP was unsuccessful, what can I do?

If you believe the decision on your application is incorrect and you wish the case to be reviewed without submitting any new evidence, then you may complete the Review Request Form, from the 'All Forms' page.

You should clearly state where you think the case should have been scored differently (please include your reference number) and post to:

Highly Skilled Migrant Programme (HSMP)
PO Box 3468
Sheffield
S3 8WA

Your case will then be passed to a different case-worker who will mark it independently. Only one review of a decision can be requested. You will not be charged for this.

However, if you wish to submit any new, or additional, evidence to support your application, or if you wish to claim additional points, you must submit a new HSMP application, on a new form along with all the original documentary evidence. As this constitutes a new and separate application, you will be charged the standard fee for a fresh application which is currently �315.

21. What if I meet the points threshold to gain HSMP but don't have the evidence to meet the English language requirement?

In order to qualify for HSMP approval you must achieve 75 points in the Points Scoring Assessment and also demonstrate that you meet the English language requirement. If you cannot meet both of these requirements, your application will be refused.

22. I was intending to enter the UK under the GP Provision, is this still possible?

The GP Provision was removed from the HSMP on 08/11/06. Individuals who would have previously been granted HSMP approval under the GP Provision may, however, still apply for HSMP approval but must meet the points threshold and the English Language requirement in order to qualify.

23. I have previously studied and worked in the UK, can I claim five points in the UK Experience category for each of these?

You can only claim a total of five points in this points scoring area for either UK study or previous UK employment but not both.

24. I have evidence other than that stated which I wish to be considered in place of those documents, can I do this?

No. Only the specified evidence will be accepted. In exceptional circumstances we may be willing to consider alternative documents, but only those we have stipulated. Any documentation which does not meet out requirements will not be considered and may lead to refusal of the application.

25. What is a tax return?

Under the Required Evidence section of the Previous Earnings guidance, the term 'Personal Tax Return' is used.

A tax return is

  • the official confirmation from HMRC or the relevant country's tax authorities of declared taxable income for the period concerned (e.g. a P60 or the overseas equivalent; or a variation of this issued by the relevant tax authorities.)

This term does not refer to the tax return document completed and returned by an individual to the relevant tax authorities. Nor does it refer to a P45 (Details of Employee Leaving Work).

26. Salaried earnings - I have not got a tax return to cover the full period ? what can I do?

Your personal tax return documentation must be submitted wherever it is available. Where you have not yet received this documentation for the current tax year, or if your documents only cover part of the period claimed, you must submit what tax information you have. In addition, you must complete the exceptional consideration box AND send us documentary evidence to support your request for exceptional consideration (this may be your most up-to-date tax return but may also include other documentary evidence to support the reasons you have given).

If you provide sufficient information to support exceptional consideration Work Permits (UK) will then consider the alternative documentation you have asked us to look at (i.e. Bank statements covering the period claimed for or a letter from your employer stating salary as claimed), and make a decision based on these.

27. Independent Contractors - I have not got a tax return to cover the full period ? what can I do?

 All four pieces of specified evidence must be provided.

However, one of the required pieces of evidence is your income tax return. If you have not yet received this documentation for the current tax year, or if your documents only cover part of the period claimed, please provide your most recent tax return or what tax information you have. We will consider the tax evidence you have provided, alongside the other three pieces of required evidence.

28. Self-Employed Applicants - I have not got a tax return to cover the full period ? what can I do?

You must supply both an income tax return and personal bank statements to cover the entire period claimed. In addition, one of the listed combinations of additional documents must also be supplied.

If you have not yet received your tax return or if you do not have an income tax return to cover the entire period claimed, please provide your most recent tax return or what tax information you have. We will consider the tax evidence you have provided alongside the other required evidence.

Separately, under the listed combinations of additional documents for Self-Employed Applicants, the requirement is for company/business tax returns to be provided. These need not cover the entire period for which previous earnings are being claimed, but should detail your individual earnings for the period they do cover.

29. What is an independent contractor?

Under Previous Earnings on the application form, evidence can be submitted under three different categories, Salaried Earnings; Independent Contractor and Self-Employed. It has been designed this way to help you submit the right evidence to support your claim for previous earnings. The evidence required is different for each category and you must determine which category to use. The type of evidence you have available will help you to determine which best fits your circumstances.

We cannot advise on your employment status but there are some guidelines which you might find help you.

If you operate as a business or as a limited company you will fall into the self-employed category.

If you are an independent contractor you may consider yourself to be self-employed because you do not have continuity of employment with a single employer, but you may only be able to provide some of the required evidence from the self-employed evidence list and some from the employed salaried evidence list. To help cater for this we have created a specific category for Independent Contractors (e.g. some IT Consultants, Freelance Journalists, Artists, Management Consultants etc.)

You might find it helpful to refer to the H.M. Revenue and Customs (HMRC) definition of an independent contractor to help you - Information on employment status for NIC can be found on the HM Revenue and Customs website, at http://www.hmrc.gov.uk under the section on Intermediaries Legislation IR35, found on the A-Z list via the site map on the HMRC website.

30. What are overseas earnings?

When completing the Previous Earnings section of the points scoring assessment, you must declare which of your earnings, during the period in question, have been UK earnings and which have been overseas earnings.

UK earnings will be considered to include any earnings that have been paid either to you (in the form, for example, of your salary), or to a UK based company or business which is capable of being taken into account for the purposes of UK taxation calculations.

Conversely, overseas earnings will include payments made to a business that remain overseas and which are not therefore subject to UK tax regulations.

http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_programmes/hsmp/hsmp_faq.html?

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