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Evidence of efforts to become economically active (HSMP JR)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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docitduo

Evidence of efforts to become economically active (HSMP JR)

Post by docitduo » Fri Nov 14, 2008 6:05 pm

My cousin had received his HSMP approval under the arrangements in place until Nov. 2006, hence he benefits from the HSMP JR judgment. Following his arrival in UK he worked for about 6 months but was then laid off as a result of organizational restructuring following a M&A. Unfortunately, he has been out of work since then inspite of all the efforts he has made to find suitable work.

Apart from letters and emails for job applications to recruitment agencies and potential employers (companies) directly, is there anything else he needs to submit as evidence of efforts to become economically active (again) to support his HSMP extension application under the JR provisions?

He will be submitting evidence of earnings for the time he was employed (P45, salary slips, bank credits) along with evidence that he can sustain and accommodate himself without recourse to public funds (savings, rent agreement) but is sceptical of success of his HSMP extension application, given the circumstances with respect to his employment status.

He is planning to sumbit copies of about 50 job applications (letters / emails) he made as evidence of efforts to become economically active but is unsure if the number would be enough (to satisfy the CW)?

Also, is it ok for him to apply for extension 2-3 months in advance? Personally, don't think this should be an issue but wanted to double-check with other HSMPians on the forum.

Would appreciate some serious advice from board members, and would be great to hear from those who applied for extension under similar circumstances and were successful.

Thanks in advance for any comments, suggestions, feedback and advice.

regards

republique
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Re: Evidence of efforts to become economically active (HSMP

Post by republique » Fri Nov 14, 2008 7:23 pm

docitduo wrote:My cousin had received his HSMP approval under the arrangements in place until Nov. 2006, hence he benefits from the HSMP JR judgment. Following his arrival in UK he worked for about 6 months but was then laid off as a result of organizational restructuring following a M&A. Unfortunately, he has been out of work since then inspite of all the efforts he has made to find suitable work.

Apart from letters and emails for job applications to recruitment agencies and potential employers (companies) directly, is there anything else he needs to submit as evidence of efforts to become economically active (again) to support his HSMP extension application under the JR provisions?

He will be submitting evidence of earnings for the time he was employed (P45, salary slips, bank credits) along with evidence that he can sustain and accommodate himself without recourse to public funds (savings, rent agreement) but is sceptical of success of his HSMP extension application, given the circumstances with respect to his employment status.

He is planning to sumbit copies of about 50 job applications (letters / emails) he made as evidence of efforts to become economically active but is unsure if the number would be enough (to satisfy the CW)?

Also, is it ok for him to apply for extension 2-3 months in advance? Personally, don't think this should be an issue but wanted to double-check with other HSMPians on the forum.

Would appreciate some serious advice from board members, and would be great to hear from those who applied for extension under similar circumstances and were successful.

Thanks in advance for any comments, suggestions, feedback and advice.

regards
What he has is sufficient to show he is making an effort to be economically effort.
The bank statements would be the most important to show that he can support himself while he continues to look for a job.
Applying early will not be helpful, they will simply hold on to the application longer in the hopes he finds something by the time his application would have expired.
It is no fun to not have your passport for 3 months let alone 6 if they take another 3 months to decide. You are better off keeping it anyway to show to employers you have this visa anyway. Don't sumbit until the week before its due.

docitduo

Post by docitduo » Thu Nov 20, 2008 2:02 am

He tells me that he can provide evidence of 12K in available funds, which I guess should be sufficient.

The period he was gainfully employed doesn't fall within the 12 months prior to extension but I (and he too) believe including evidence that he was economically active for (at least) some months during his stay in UK and earned decent money (>40K) might help his extension application, given his present precarious situation.

His current leave expires in Feb '09 and he is thinking of applying for extension in last week of November / first week of December. A couple of reasons for wishing to do so:-
1. One of the main reasons he wishes to apply a bit early is that since last couple of months recruitment agencies have been unwillingly to forward his CV to potential employers because of the short remaining validity of his current leave.
2. With Xmas round the corner (recession notwithstanding) the recruitment scene is slugggish anyway so he thinks it might help him if he can (hopefully) get a decision on his extension in January so he would be ready to search the job market aggresssively when (and if) it reopens in new year. If he waits to apply for extension until the end (5 weeks prior to leave expiry), he will probably remain an untouchable for recruitment agencies until he gets a decision on his extension application - which, if he applies in Jan end, will be no sooner than March! 2-3 months go waste and the unemployment gap grows bigger!

Appreciate feedback.


regards

republique
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Post by republique » Thu Nov 20, 2008 9:43 am

docitduo wrote:He tells me that he can provide evidence of 12K in available funds, which I guess should be sufficient.

The period he was gainfully employed doesn't fall within the 12 months prior to extension but I (and he too) believe including evidence that he was economically active for (at least) some months during his stay in UK and earned decent money (>40K) might help his extension application, given his present precarious situation.

His current leave expires in Feb '09 and he is thinking of applying for extension in last week of November / first week of December. A couple of reasons for wishing to do so:-
1. One of the main reasons he wishes to apply a bit early is that since last couple of months recruitment agencies have been unwillingly to forward his CV to potential employers because of the short remaining validity of his current leave.
2. With Xmas round the corner (recession notwithstanding) the recruitment scene is slugggish anyway so he thinks it might help him if he can (hopefully) get a decision on his extension in January so he would be ready to search the job market aggresssively when (and if) it reopens in new year. If he waits to apply for extension until the end (5 weeks prior to leave expiry), he will probably remain an untouchable for recruitment agencies until he gets a decision on his extension application - which, if he applies in Jan end, will be no sooner than March! 2-3 months go waste and the unemployment gap grows bigger!

Appreciate feedback.


regards
It sounds like you want to hear support for what you want to do or what you already convinced yourself to do so do whatever you want.
As for his visa expiring and recruiters being difficult, we have all heard that before and he needs to do a better job explaining that if he is working, then there is no issue for renewal. In effect, the recruiters are just making up excuses and you or your friend need to take control of the situation and not be at the recruiters' mercy.
Also you shouldn't discuss the expiration of your visa with recruiters anyway. I had the same issue twice, where I got a contract which started one month before my visa expired. When the recruiter noticed and started to complain, I told him I couldn't submit for renewal before one month which is what the rules state anyway so I couldn't see his point of renewing early, neither did the client who was more experienced with visa holders.
So maybe it is the reason but you or your friend have to do a better job of managing visa issues to your benefit not the recruiters' convenience.

As for the economy, yeah it is soft but you know what? if a recruiter wants to fill a spot, he is going to fill it and if you are in the right place in the right time, the recruiter is only going to ask do you have authorization to work in the UK, not when does the visa expire so if your cv has the date it expires, your fault.

docitduo

Post by docitduo » Fri Nov 21, 2008 5:08 pm

republique wrote:It sounds like you want to hear support for what you want to do or what you already convinced yourself to do so do whatever you want.
If I am not mistaken, people usually seek advice based on some plan of action they have in mind. Don't they? One of the objective for which this forum exists is for people to seek feedback / suggestions and share information. So don't understand the tone of your response above! I appreciate your responses to the queries but I don't believe there is any need to be rude. People ask of advice but that shouldn't be used as an excuse to ridicule them - just because they happen to be in a difficult situation!

Thanks for your response and advice.

regards

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Post by republique » Fri Nov 21, 2008 5:48 pm

docitduo wrote:
republique wrote:It sounds like you want to hear support for what you want to do or what you already convinced yourself to do so do whatever you want.
If I am not mistaken, people usually seek advice based on some plan of action they have in mind. Don't they? One of the objective for which this forum exists is for people to seek feedback / suggestions and share information. So don't understand the tone of your response above! I appreciate your responses to the queries but I don't believe there is any need to be rude. People ask of advice but that shouldn't be used as an excuse to ridicule them - just because they happen to be in a difficult situation!

Thanks for your response and advice.

regards
That wasn't rude.
Suggest you get thicker skin

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Post by bani » Sat Nov 22, 2008 1:58 pm

I think he should apply as soon as possible. It is OK to apply for FLR 2-3 months early. Mine was 2 months early because of travel reasons. I got my passport back after 3 weeks, they don't hold on to it - complete misinformation. If you go to the successful Extension applications thread (it's a sticky thread) there are many examples of early applicatons.

I think job applications and having to show a longer visa validity to employers is a valid reason.

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Post by bani » Sat Nov 22, 2008 2:05 pm

docitduo wrote:The period he was gainfully employed doesn't fall within the 12 months prior to extension but I (and he too) believe including evidence that he was economically active for (at least) some months during his stay in UK and earned decent money (>40K) might help his extension application, given his present precarious situation.
This may pose a problem, that he has been here almost 2 years and only worked for a few months, and not within the last year. Has he been applying to jobs throughout the past year at least? And it's not just a last minute effort to get extension? Good luck.

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Post by republique » Sat Nov 22, 2008 4:25 pm

bani wrote:I think he should apply as soon as possible. It is OK to apply for FLR 2-3 months early. Mine was 2 months early because of travel reasons. I got my passport back after 3 weeks, they don't hold on to it - complete misinformation. If you go to the successful Extension applications thread (it's a sticky thread) there are many examples of early applicatons.

I think job applications and having to show a longer visa validity to employers is a valid reason.
/theydo hold on to it if he is not working so I suggest you reread his post

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Post by bani » Sun Nov 23, 2008 1:16 am

republique wrote: /theydo hold on to it if he is not working so I suggest you reread his post
I know he isn't working. This is the first I've heard of such a rule for HSMP extension (hanging on to an application until the applicant gets a job). If this is true, it makes no sense. No employer will hire without proof of work eligibility and that's the passport with the visa.

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Post by republique » Sun Nov 23, 2008 11:15 am

bani wrote:
republique wrote: /theydo hold on to it if he is not working so I suggest you reread his post
I know he isn't working. This is the first I've heard of such a rule for HSMP extension (hanging on to an application until the applicant gets a job). If this is true, it makes no sense. No employer will hire without proof of work eligibility and that's the passport with the visa.
you are confusing the issue
normally you apply 28 days in advance, no earlier
so that is not an issue with an employer if you do it like that
he wants to apply early and he is not working, it is not in the ho best interest to renew him without a job and will not make a decision until the time he would have normally applied in the hopes he finds a job.
that is his problem if he doesnt want his passport for 3 months by trying to apply early

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Post by PaperPusher » Sun Nov 23, 2008 2:08 pm

docitduo

How are you going to show that you can maintain and accomodate yourself, and any dependants, without access to public funds?

docitduo

Post by docitduo » Sun Nov 23, 2008 4:53 pm

bani wrote:
docitduo wrote:The period he was gainfully employed doesn't fall within the 12 months prior to extension ....
This may pose a problem, that he has been here almost 2 years and only worked for a few months, and not within the last year. Has he been applying to jobs throughout the past year at least? And it's not just a last minute effort to get extension? Good luck.
He has been searching for suitable job opportunities quite regularly (as he tells me), so should be able to provide evidence of job applications made in the last 12-15 months. Unfortunately, I don't think he's kept hold of interview letters (or rejection letters, if he received any), so all he can provide as evidence are the application letters he sent for jobs posted on the recruitment / company websites. Not sure if absence of interview letters or rejection letters will weaken his application?

regards
Last edited by docitduo on Sun Nov 23, 2008 5:08 pm, edited 1 time in total.

docitduo

Post by docitduo » Sun Nov 23, 2008 4:59 pm

PaperPusher wrote:docitduo

How are you going to show that you can maintain and accomodate yourself, and any dependants, without access to public funds?
As mentioned earlier, he has approx. 12K-13K GBP in savings (his own) which plans to show as evidence. In this case, there are no dependents - his partner is also an HSMPian.

Not sure if this'll be needed (or appropriate to include in the application) but if required, his partner can provide a letter of support (along with evidence of financial standing) and I can also do so.

regards

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Post by republique » Sun Nov 23, 2008 5:38 pm

docitduo wrote:
PaperPusher wrote:docitduo

How are you going to show that you can maintain and accomodate yourself, and any dependants, without access to public funds?
As mentioned earlier, he has approx. 12K-13K GBP in savings (his own) which plans to show as evidence. In this case, there are no dependents - his partner is also an HSMPian.

Not sure if this'll be needed (or appropriate to include in the application) but if required, his partner can provide a letter of support (along with evidence of financial standing) and I can also do so.

regards
who are you? you have no basis to provide a letter, they might consider his spouse due to their connection but as he is supposed to be here on his on merit, not sure the spouse's finances can be applied and is the spouse on a separate or hsmp dependent, if it is dependent you can absolutely forget using the spouse's stuff

docitduo

Post by docitduo » Sun Nov 23, 2008 7:16 pm

republique wrote:is the spouse on a separate or hsmp dependent, if it is dependent you can absolutely forget using the spouse's stuff
My response (above) answers this adequately.
FLR Tier 1 (HSMP) Guidance wrote:Evidence that you have the funds to maintain and accommodate yourself and any dependants without recourse to public funds. The evidence must be formal documents such as bank statements, a building society passbook, or wage slips (but do not send us cheques, travellers cheques or credit cards). If a relative or friend is supporting you, the evidence should be a letter from him/her confirming this, together with formal documents showing their financial situation. (The documents provided should cover at least the last three months.)
Not that he is being supported (financially) by anyone right now, but a letter to confirm financial support - if and when required later - can be provided, if such a letter can help.

regards

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Post by republique » Sun Nov 23, 2008 8:04 pm

docitduo wrote:
republique wrote:is the spouse on a separate or hsmp dependent, if it is dependent you can absolutely forget using the spouse's stuff
My response (above) answers this adequately.
FLR Tier 1 (HSMP) Guidance wrote:Evidence that you have the funds to maintain and accommodate yourself and any dependants without recourse to public funds. The evidence must be formal documents such as bank statements, a building society passbook, or wage slips (but do not send us cheques, travellers cheques or credit cards). If a relative or friend is supporting you, the evidence should be a letter from him/her confirming this, together with formal documents showing their financial situation. (The documents provided should cover at least the last three months.)
Not that he is being supported (financially) by anyone right now, but a letter to confirm financial support - if and when required later - can be provided, if such a letter can help.

regards
Hey smartie pants, figure it out yourself if you know it all. You are heading for a fall.

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Post by bani » Sun Nov 23, 2008 10:42 pm

docitduo wrote:
bani wrote:
docitduo wrote:The period he was gainfully employed doesn't fall within the 12 months prior to extension ....
This may pose a problem, that he has been here almost 2 years and only worked for a few months, and not within the last year. Has he been applying to jobs throughout the past year at least? And it's not just a last minute effort to get extension? Good luck.
He has been searching for suitable job opportunities quite regularly (as he tells me), so should be able to provide evidence of job applications made in the last 12-15 months. Unfortunately, I don't think he's kept hold of interview letters (or rejection letters, if he received any), so all he can provide as evidence are the application letters he sent for jobs posted on the recruitment / company websites. Not sure if absence of interview letters or rejection letters will weaken his application?

regards
Did he get any acknowledgement of these applications? Because it's very easy to print a hundred letters applying to jobs and just backdate them so the letters he himself sent out are not really proof.

Good luck, it's really tough in his situation I think.

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Post by bani » Sun Nov 23, 2008 10:49 pm

republique wrote:
bani wrote:
republique wrote: /theydo hold on to it if he is not working so I suggest you reread his post
I know he isn't working. This is the first I've heard of such a rule for HSMP extension (hanging on to an application until the applicant gets a job). If this is true, it makes no sense. No employer will hire without proof of work eligibility and that's the passport with the visa.
you are confusing the issue
normally you apply 28 days in advance, no earlier
so that is not an issue with an employer if you do it like that
he wants to apply early and he is not working, it is not in the ho best interest to renew him without a job and will not make a decision until the time he would have normally applied in the hopes he finds a job.
that is his problem if he doesnt want his passport for 3 months by trying to apply early
Normally it is 5 weeks = 35 days in advance. This is in the guidance notes.
Also, normally (with job or clear economic activity) you are allowed to apply even a few months in advance with a valid reason. Please do not say otherwise and misinform the OP and other readers. Because I and others have applied in advance and our applications were successful.

I am not aware that the HO will hold on to his passport for 3 months, please give proof of this because it's a very important point. Either the application is approved or denied, I've never read/heard of HO holding on to an application. Also, processing times have been down to a month or less since the JR form was issued in late July this year.

I've gained much from this board and want to help out as much as I can, that's why I think we have to set the facts straight, try not to misinform, and give proof of what we claim. Thanks.

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Post by republique » Sun Nov 23, 2008 11:18 pm

bani wrote:
republique wrote:
bani wrote:
republique wrote: /theydo hold on to it if he is not working so I suggest you reread his post
I know he isn't working. This is the first I've heard of such a rule for HSMP extension (hanging on to an application until the applicant gets a job). If this is true, it makes no sense. No employer will hire without proof of work eligibility and that's the passport with the visa.
you are confusing the issue
normally you apply 28 days in advance, no earlier
so that is not an issue with an employer if you do it like that
he wants to apply early and he is not working, it is not in the ho best interest to renew him without a job and will not make a decision until the time he would have normally applied in the hopes he finds a job.
that is his problem if he doesnt want his passport for 3 months by trying to apply early
Normally it is 5 weeks = 35 days in advance. This is in the guidance notes.
Also, normally (with job or clear economic activity) you are allowed to apply even a few months in advance with a valid reason. Please do not say otherwise and misinform the OP and other readers. Because I and others have applied in advance and our applications were successful.

Were you not working when you submitted your application?
Full Stop


/quote]

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Post by bani » Mon Nov 24, 2008 3:15 pm

republique wrote: Were you not working when you submitted your application?
Full Stop


/quote]
Where do you get the info about when someone not working should apply? Like the bogus 28 days? Where is the proof?

Jeez, this is like trying to get an interview answer out of Sarah Palin.

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Post by republique » Mon Nov 24, 2008 11:05 pm

bani wrote:
republique wrote: Were you not working when you submitted your application?
Full Stop


/quote]
Where do you get the info about when someone not working should apply? Like the bogus 28 days? Where is the proof?

Jeez, this is like trying to get an interview answer out of Sarah Palin.
The question is were you not working when you applied for an extension?

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Post by bani » Tue Nov 25, 2008 11:12 am

republique wrote:
bani wrote:
republique wrote: Were you not working when you submitted your application?
Full Stop


/quote]
Where do you get the info about when someone not working should apply? Like the bogus 28 days? Where is the proof?

Jeez, this is like trying to get an interview answer out of Sarah Palin.
The question is were you not working when you applied for an extension?
The question was answered in three of my posts in this thread.


The question you have evaded twice with your lame already-answered question is where is your proof that a non-working HSMP holder would have his application stalled during extension.

Stop claiming rules that are not rules.

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Post by 1971 » Tue Nov 25, 2008 7:51 pm

Hi docitduo,

Everyone's advice is correct. If you are economically active in the UK, its easier for you to make a case and apply earlier.But the issue with this OP is that he only worked in the UK for 5 or 6 months and he wants to extend his stay based on JR.In my thought, I think CW will think why is he still staying here if he cant maintain himself and his dependants giving the fact that it's not easy to stay in this country without being economically active except you are or being supported by a Multi Millionaire relative for that period of time. Even at that, evidences will be required by the CW. Either way, it's a risk if the OP submits earlier given the fact that he's not economically active for a longer time. To play safe and not give the CW any reason for rejection, in my opinion, submit 5 weeks before the expiry on your visa with all necessary documentations. In my honest opinion, I cant afford to waste my hard earned £750 for nothing. If the OP applies earlier and the CW decides to delay the application based on the OP not following the guidance rules of 5 weeks to expiry, who will he blame for this - Himself of course.So, I will advice that OP should wait for 5 weeks to the expiry of his current stay and properly apply for his extension.At least, gives him ample time to prepare his application and a Rest of mind that all is well given his circumstance.

All said, I wish you well and be careful with your claims and documentations because the CW may likely challenge your inactivity and how you have survived in this hard economy where the Mighty and 'extra economically active' men like me are complaining and struggling. Big food for thoughts.

All the best.

~1971.

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Post by republique » Tue Nov 25, 2008 8:48 pm

1971 wrote:Hi docitduo,

Everyone's advice is correct. If you are economically active in the UK, its easier for you to make a case and apply earlier.But the issue with this OP is that he only worked in the UK for 5 or 6 months and he wants to extend his stay based on JR.In my thought, I think CW will think why is he still staying here if he cant maintain himself and his dependants giving the fact that it's not easy to stay in this country without being economically active except you are or being supported by a Multi Millionaire relative for that period of time. Even at that, evidences will be required by the CW. Either way, it's a risk if the OP submits earlier given the fact that he's not economically active for a longer time. To play safe and not give the CW any reason for rejection, in my opinion, submit 5 weeks before the expiry on your visa with all necessary documentations. In my honest opinion, I cant afford to waste my hard earned £750 for nothing. If the OP applies earlier and the CW decides to delay the application based on the OP not following the guidance rules of 5 weeks to expiry, who will he blame for this - Himself of course.So, I will advice that OP should wait for 5 weeks to the expiry of his current stay and properly apply for his extension.At least, gives him ample time to prepare his application and a Rest of mind that all is well given his circumstance.

All said, I wish you well and be careful with your claims and documentations because the CW may likely challenge your inactivity and how you have survived in this hard economy where the Mighty and 'extra economically active' men like me are complaining and struggling. Big food for thoughts.

All the best.

~1971.
Indeed, what i said.

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