Earnings criteria question?

[herman404]

Hi, I have a question regarding the HSMP prior earning qualification. I am currently on a Work Permit, but my last job was not paying the HSMP qualification mark. My new job is paying above the HSMP qualification mark, but from the work permit transfer approval, you have 6 months to apply for ILR. My question is that would I be able to apply for HSMP based on my income within that 6 month period which is above the cutoff mark? Therefore, I could apply for ILR based on HSMP status, rather than work permit status. (I currently meet all the other criteria for HSMP)

I would definitely prefer to do this rather than applying for Leave to Remain under a work permit status, and spending the expense to apply for HSMP again, even though I would have qualified for it by then! Can anyone help?

Thanks,

[MWazir]

My new job is paying above the HSMP qualification mark, but from the work permit transfer approval, you have 6 months to apply for ILR

You mean FLR?

Once you have your new work permit approval letter, you have 6 months to switch to the new work permit or the number of months left on your old visa, which ever is lesser of the two.

You could in theory wait for a few months, then total up the gross salary you have recieved in the last 12 months and see if you get any points for salary. Should you get your approval on time you could apply straight away for HSMP. There are too many ifs and buts in this though, chiefly the fact that you have to first get an approval which is not gaurenteed and then get it on time. Just how many months do you have to work for the new employer to get above the cutoff mark. You might end of cutting it too close. Better off spending the extra money for the work permit FLR IMHO

[herman404]

Hi Wazir,

Thanks for the reply. Yes, I meant FLR, let me crunch the numbers and see if I would even make the cutoff mark. I'm pretty happy in my new job right now, so I don't forsee changing employers in the near future, HSMP would just be a form of redundancy insurance (and a pretty expensive one at that, it would cost me £650 to switch, and that's not even counting the fee to have it extended!). or a worthwhile expense if a company makes an offer with a significantly higher salary but doesn't want to bother with a work permit transfer. I assume that they're pretty strict about the cutoff marks, that even if your income is £39,999 in the past year you will not qualify?

On another note, how will the new system affect those of us already in workpermit/HSMP categories? When the new system comes into effect, I will be on a workpermit (tier 2 in the new system), but according to the new system, my qualifications will be tier 1 (HSMP in the old system) what will happen? Will I be forced to reclassify myself? I apologise that if you have been asked this before, but I am just curious. I saw an article in the FT on how the pass mark would be 75 for the new Tier 1 HSMP, but I would get 85 points solely on the basis on education and earnings in the new system.

Kind regards,
Herman

[herman404]

Hi,

I've done the numbers, and I would qualify for HSMP prior earnings after 5 months working in my new job. So would it be possible to get HSMP approval in one month, as my current leave to remain expires in 6, even with the expedited decision request? However, there is one month where I was out of work and looking for a new job, so could they discount that and count for the past 13 months instead?

Thanks,
Herman