Retaining HSMP while working outside UK

[tajdar]

Hi All

I need the technical advice, I posting my whole situation here and want advice that it is possible or not.

I have got HSMP in Aug-05, I have started job here in Aug-05 and working here till today with Vodafone UK, its now been 4.5 months while working here in UK.

Now I have got a very good opportunity outside UK, but I still want to retain my HSMP status plus also want the renewal in Aug-06.

I have been informed from one of my friend that there is way I can do the above thing, following is the description of that possibility

If I register a Software consultancy company in UK and deploy myself as an employee of my company outside UK and paying all the required company taxes. Then I can retain the HSMP status as well as will have no impact in Naturalization after 4 or 5 years.

I just want to know that is it possible this way or not?

Regards
Tajdar

[vin123]

If I register a Software consultancy company in UK and deploy myself as an employee of my company outside UK and paying all the required company taxes. Then I can retain the HSMP status as well as will have no impact in Naturalization after 4 or 5 years.

Regards
Tajdar

You cannot deploy yourself just like how you do by click of a button, you have to meet the in-country residency terms specified as per your immigration status and most importantly, show contractual evidence of the "outside UK assignment" mentioning the term, stay and nature of agreed assignment

Also, I'm not sure whether HSMP status allows you to run a company?

[Joseph]

If the company pays you in the UK and you pay income tax and NI, you should have no problem as long as you physically come to the UK regularly (at least once every three months).

If you can provide documentation showing income and payment of UK taxes and you are not absent for more than 90 days on any given trip, doing this should not be a problem for your HSMP renewal or your permanent residency in 4 - 5 years.

Naturalisation is another matter, because excess time outside the UK (more than 450 days in 5 years) will make it more difficult. They give some leeway if the absences are due to work, however.

Joseph

[John]

I'm not sure whether HSMP status allows you to run a company?

There is no problem at all. But if the person is going to be the sole director of their company, and he is going to be abroad for significant periods of time, probably not a good idea to have the company Registered Office at that director's home address.

If the person was a Work Permit holder rather than HSMP then there certainly would be a problem switching to their own brand-new company.

Joseph, I think you have summed it up very nicely.

[tajdar]

Thanks a lot John and Joseph.

So you are confirming that yes this is possible, that I can first register a consultancy company and then as a employee (director of my own company) can work outside UK provided that I visited UK on regular basis and pay my income tax and NI?

Thanks for all of your support on this matter.

Regards
Tajdar