Question of status for UK based applicants in the HSMP form

Does anyone know why in the HSMP application form I am asked of my immigration status when applying for the HSMP in the UK?
In my understanding anyone can apply for the HSMP irrespective of their status either from the UK or abroad, i.e. the immigration status is not taken into account at this point. It is only at the second stage when the immigration status will determine whether the applicant is eligible for switching or has to make an out-of-country application.
Does anyone know exactly how this system works? Has there been any refusals of the HSMP in-country applications solely on the grounds of the bad immigration history, for example?
Many thanks.
J.A.

Jeff, if the person is an out-of-country applicant then after getting their HSMP approval they will need to apply for their EC out-of-country.

However if they are applying in-country then maybe it is a simple check to ensure that if they are working in the UK then they are actually entitled to do that?

Points can of course be awarded for salary and work experience. So a simple check that the person in the UK really has the legal ability to work here? Maybe they only count the in-UK salary and in-UK work experience if the person is legally working here in the UK?

It could be as simple as that.

Interesting point you are making, John. Thanks.
However, this is an arguable issue. HSMP has been set up to attract professionals to the UK. According to the existing HSMP rules there is no specification where the work experience should come from. The only requirement is that it must originate from the type of a full time employment of a graduate level. The purpose of assessing the work experience is to ensure the level of professionalism and suitability to the employment market in the UK - in other words, to ensure the person will quickly get on a career ladder in the UK.
Immigration history aspects will have nothing to do with this as far as only the HSMP assessment criteria are concerned. Clearly, this is why the HSMP application process has been split into the two stages - professional suitability assessment (HSMP itself) and the immigration part of it (EC under the HSMP or the Immigration Employment Document).
I have asked this question because I claimed points for my UK work experience during my Ph.D. studies in the UK whilst according to the IND records only (as opposed to the real facts in life) I had no right to remain or work in the UK.
Therefore, it is interesting to speculate whether they will accept my work experience regardless or reject it for the reasons you suggested.

However, this is an arguable issue.

Maybe, but is it a point worth arguing about? I can't see that it is. Surely there is no problem them establishing whether an in-UK applicant is in the country legally or illegally?

HSMP has been set up to attract professionals to the UK.

Yes but also to ensure that those already here, legally, have the ability and incentive to stay here.

John wrote: Maybe, but is it a point worth arguing about? I can't see that it is. Surely there is no problem them establishing whether an in-UK applicant is in the country legally or illegally?

There is no problem but why do that? For the work experience to be taken into account there is no requirement within the rules on whether that person has aquired it through being in the country legally or illegally. It is simply irrelevant at the point of skills assessment.

Yes but also to ensure that those already here, legally, have the ability and incentive to stay here.

At the second stage, only. There is no set rules as such during the HSMP assessment, only at the stage where the FLR is sought. For the EC to be granted it is also irrelevant except one question in VAF application form. Even so, this cannot be the sole reason for the EC refusal.

Jeff,

John is right here. It should not be questionable to ask weather or not an applicant has the legal right of abode when applying for HSMP. I see your point though that it should not be relevant to the HSMP. Its relevance comes only during an FLR.

For the work experience to be taken into account there is no requirement within the rules on whether that person has aquired it through being in the country legally or illegally. It is simply irrelevant at the point of skills assessment.

I agree but where does it say in the guidelines that the person must have had legal status when acquiring such work experience? Are you assuming that because of they are asking in country applicants their immigration status?

The reason they are asking could be very innocent and unrelated to any point assessment. What ever you enter in your HSMP application, you also declare it to be true and sign it. I am assuming if a person not having legal status applies and lies he could be in trouble at a later stage for false information and thus even if he manages to get into a legal status, such is invalidated. If he is truthful in his application, I would be very interested to see if approval is granted if he satisfies other clauses.

Hi MWazir,

Thank you for your reply.

MWazir wrote: The reason they are asking could be very innocent and unrelated to any point assessment. What ever you enter in your HSMP application, you also declare it to be true and sign it. I am assuming if a person not having legal status applies and lies he could be in trouble at a later stage for false information and thus even if he manages to get into a legal status, such is invalidated. If he is truthful in his application, I would be very interested to see if approval is granted if he satisfies other clauses.

All true, however, even if I have "no permission" to remain according to their records, this does not represent the truth. I made an application, that was lost. Then I made another application in 2002, that was also lost. So I put my initial status under which I entered the country (because I had to put SOMETHING in that field!) and as far as the truth is concerned, I should be under the same status and should be legal. The treatment of my case by the IND during the last 7 years was unacceptable and none of my fault but the IND sole responsibility.