Answering numerous questions regarding living and working in the UK, and specifically regarding the HSMP programme, we find many of them unnecessarily repetitive. Generally, we expect the Board visitors to browse through existing topics and see if the information is already available. At the same time, we recognize that the wealth of information contained in the many topics may be too difficult to quickly sift through, especially if one has a truly urgent question. We hope establishing a FAQ topic will help all of us.
Please read through this FAQ topic before posting your question, and you may save yourself some time.Best of luck with your endeavors!
The Moderators
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This is a live document, which will be updated continually: we thought to post it right away and grow from here, as opposed to taking the indefinite time to put it together and shape it up. You may want to check it periodically, and keep in mind that the "Last Post" date/time stamp on the main page doesn't reflect the updates of the same post, so it's best to simply take a look at the FAQ list itself.-----------
1. Is my position senior enough for the HSMP purposes?
Please keep in mind that seniority of many positions is not unconditional, and therefore there is no clear answer. If you are in a managing position - that is, if you have staff reporting to you, where you are directly responsible for their work and conduct - such position will most likely be considered senior by the HSMP team. Position where seniority is not clear (e.g., Lead Designer, Senior Programmer, Project Manager, etc.) will be judged by the HSMP team (perhaps just one person on that team) based on the description of responsibilities. The moderators or other members of this Board may spend time discussing your job description and in the end render an opinion whether it's senior or not, but it may differ entirely from the HSMP team assessment for a number of reasons, including the quality of your supporting evidence. Perhaps, in the future we'll be able to collect some statistical data on what positions are routinely considered senior, and which are not (subject to successful and unsuccessful applicants sharing their experience
). But for now one practical advice is this: if you honestly believe that your position is senior according to your best understanding of the HSMP programme's description (see the leaflet!) -- just go for it and claim the points! The worst that can happen is that the case worker will disagree and reduce the points claimed. Yet, it seems better than not submitting the application at all. In any event, the opinion of this Board's members may or may not coincide with the actual decision. The entire HSMP endeavor (from applying to arriving into the new country) is somewhat risky. And as with any risk, the decision where to err - on the safe side, or otherwise - is yours.2. Can I do any sort of work outside my designated HSMP profession?
Not for the HSMP renewal purposes. Any economic activity (job) used in any renewal should be in your HSMP designated profession. Please refer to Q 40 to 44 of the FLR (IED) form. Of course, one may engage in any legal activity for purely economical reasons. If you happen to successfully renew your HSMP status while employed outside of your designated profession, please share that with the Board. Thanks!
3. I have recently submitted my HSMP application but have not received any acknowledgement or a reference number. How do I obtain these details?
As of 1st December 2004, all applications have to be filled using the new form. The HSMP team will mail the applicant with the reference number as an acknowledgement. This may take between 1-2 weeks depending on where you are from and how soon payment is deducted. You should check with your courier regarding delivery or the relevant financial institution for the debit of credit card fees/ encashment of bank drafts.
Applications made prior to 1st December 2004 will still have to contact the HO as detailed below (the same option exists for those submiting post 1 December 2004 and are yet to receive a ref number post money deduction). The fastest/cheapest way to do this is via e-mail on:
hsmp.workpermits@ind.homeoffice.gsi.gov.uk
You need to provide:
1. Your full name as per your passport/ birth certificate - it is helpful to underline your family/ last name.
2. Your date of birth - DDMMYYYY.
3. Your gender.
4. Your nationality.
5. Date of delivery at Doncaster including Courier/ Royal Mail reference number.
6. Date of fee payment.
Where you need to submit further information to the HSMP Team before your application is decided you include your details as in (1), (2), (3), (4) and reference number.
4. I have recently submitted my HSMP application. How soon will it be decided?
Processing times are regularly updated on the Home Office 'Working in the UK' HSMPsection. An excel spreadsheet showing the history of processing times on the forum has also been developed by a generous contributor LA_Mike.
5. Will switching from my current status to HSMP affect my eligibility for ILR?
If only positively. HSMP is a category leading to settlement (CLS), and as such will not reset one's ILR "clock" if one had been in any CLS status prior to the change.
6. I came to the UK some time into the validity period of my initial HSMP visa and will apply (have applied) for the renewal less than a year after my arrival. I know the renewal of the HSMP status is only granted for 3 years, so once that expires I will not have spent in the UK the 4 years (minus 28 days) required to apply for the ILR status. What shall I do?
Just be patient and wait for now. There is no specific answer to that Q just yet, and the issue may seem like a hole in the rules. However, the HSMP is a relatively recent endeavor, and the HO did not have to deal with an issue of HSMP status holders reaching the near-4-years mark en masse. By the time this happens, it's quite certain new rules will be worked out - be it another extension form or the like. However, it is possible that the rules will not be made until this issue reaches some 'critical mass', forcing a per-case approach to the first wave of such applicants. If you happen to be among them, please make sure to come and share the news from the front lines with all of us!
And let's hope there isn't a fee for this one
7. Should I submit my passport with the initial HSMP Application Form or wait for the HSMP approval to come through before sending it to the Leave To Remain Group in Cannock?
Initial application
1. No applicant should send their original passport to the HSMP Team. Those applying in the under 28 category may send a certified copy of their bio-data passport age as proof of age.
2. In country applicants that receive their HSMP approval letter should then send it with passport and other relevant documents to the Cannock Address in support of their FLR application.
Extension application
1. Send application including passport and evidence of economic activity to Cannock.
8. I am currently in the UK on a Work Permit which expires quite soon with no scope for renewal and now intend to apply for HSMP. Will this maintain my legal presence in the UK and allow me to continue working while the application is being decided?
An answer to this question requires an understanding of a policy change in applications to remain in the UK on the basis of holding an Immigration Employment Document (IED) i.e. HSMP, Work Permit, TWES, Sector Based Work Permit.
IED applications submitted before 1 April 2004.
a) Application is both for acceptance on (a) the relevant IED scheme and for (b) Further Leave To Remain in the UK under IED status. This is why a passport was required in these applications.
b) If you withdraw the application then you withdraw both (a) and (b) unless you specifically state that you are only withdrawing (a). Even then the relevant Home Office Team do not have to accept your request i.e. it is purely discretionary in this case. In the humble opinion of one of the moderators (Kayalami) the use of discretion has lessened significantly given the UK government's clearly stated commitment of raising revenue from the FLR stream in all immigration applications.
IED applications submitted on or after 1 April 2004. - see important notice from Home Office modifying situation for WP holders changing employers who no longer need to apply for FLR prior to commencing new employment - other visa categories are likley to require doing 1,2,3 and 4 as stated.
a) Application is only for acceptance on the IED scheme and not both IED scheme and IED FLR. This is why a passport is no longer submitted.
b) Once the IED is approved you must apply for distinct Further Leave To Remain on Form FLR IED.
The most important requirement when making an FLR application is that you are in the UK on a valid visa. This presents a problem where the IED processing times are lengthy i.e. HSMP and there is a risk that your current visa will expire before the IED is approved. To counteract this applicants should:
1. Apply for the IED as early as possible within the validity of their UK visa/ Leave To Remain. If applying for the HSMP scheme where this is most likely to be problematic it is best to make sure you have at least six months remaining on your current visa.
2. Leave the UK before the expiry of your current visa. When the IED is approved then apply for the relevant IED visa at a British Diplomatic Post abroad.
3. Apply for further leave to remain in the UK on Form FLR(O) towards the expiry of your current UK visa. You need to tick 'other' on the options listed on the form and state that you are organising your affairs before leaving the UK. The Home Office will likely grant you 6 months FLR but the disadvantage here is that this leave is on a 'visitors' basis complicating matters as it is not possible to switch from visitor to IED FLR unless the HO exercise discretion and also discontinuing the ILR counter for those on a WP.
4. Request the Home Office to exercise their discretion at FLR IED stage where you did not do (1), (2) or (3) and your leave/visa has expired. The danger in this strategy is that if the FLR IED is refused you will have no rights of appeal. Rights of appeal only apply to those who have made an application whilst their current visa is valid. Anectodal evidence shows that the Home Office are mostly doing this i.e. discretionary approval despite a lack of existing leave to remain.
You cannot work in the UK on the basis of a pending IED, IED FLR or any other category FLR application unless you are a WP holder changing employers (see notice below) or otherwise on a visa which is valid during this and authorises you to work in the UK (e.g. dependent of a WP) or you have written notification from the Home Office allowing employment. Note that for those holding an IED for a specific employer the IED and accompanying IED FLR (with the exception of WP FLR for those changing employers) are only valid while you are an employee of the sponsoring company.
Crucial Home Office Notice
The Home Office on 4 November 2004 announced an interim policy applying only to Work Permit Holders who obtain a New WP (changing job and or/employers) to commence working for the new employer on the basis of only the new WP i.e. you do not require FLR for the new WP. However you must apply for FLR within six month of the issue of the new WP. The interim policy is due for review in 2005 - IMHO (Kayalami) it will continue in place until the HSMP backlogs are cleared. The new announcement is retroactive i.e. it applies to all WP's approved where applicants are waiting for FLR but by default rules out those whose WP was issued more than 6 months ago
9. When can I submit my HSMP extension given the current lengthy processing times?
bouncingboy
Junior Member
Joined: 17 Mar 2004
Posts: 14
Location: London
Posted: 11 Aug 2004 14:05 Post subject: HSMP Extension can be applied at the end of ten months
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This was my query to HSMP Team
Quote:
> Hi
>
> I have completed my 10 months in HSMP Visa. When i saw in WorkingintheUK
> website, it stated that HSMP Extension application should be made 2 months
> before the expiry. But in FLR (IED) form it says 4 weeks.
>
> Please can you confirm whether i can apply for my hsmp extension after 10
> months completion
>
> Thanks
And their Reply
Quote:
Dear,
You can submit the form 2 months before expiry. This is due to the lengthy
processing times at the moment.
Yours sincerely
James Birks
Customer Relations
Work Permits UK
10. The HSMP Team have asked me to submit an organogram of my company to determine my application - what should this cover?
UK Department of Trade Organogram
11. I have received HSMP approval in the UK so can I go to Croydon in person to apply for the FLR IED?
No - all FLR IED applications must be postal. Due to concerns about abuse/forgery of IED documents Sheffield handle the FLR part too i.e. they approve the HSMP, WP etc then they get sent back the FLR component and of course cross reference it to make sure you did get the IED in the first place. It also assists with the two tier revenue streams i.e. one for the IED and one for the FLR.
Last updated 02 July 2005
Footnote:
Recently moderators have been receiving an excessive number of private messages, many of them with absolutely generic questions. Please do not misuse the Private Message feature of this Board: i) moderators are not paid employees engaged in private consultations, we are volunteers contributing to the wealth of public information available on this Board; ii) this Board is specifically hosted to facilitate accumulation and exchange of publicly available information for everyone's benefit, and this is best achieved by bringing all questions and discussions into the open; iii) please do use private messaging in order to communicate your personal details or circumstances relevant to the publicly posted question, especially if those details are asked for. Thanks for your cooperation.