(HSMP) Update to the Frequently Asked Questions (FAQs)

[ens]

Highly Skilled Migrant Programme (HSMP)
Update to the Frequently Asked Questions (FAQs)

23 January 2007

In light of the first weeks of operating under the amended eligibility criteria the HSMP FAQs on this website have been updated with further clarification of existing guidance to provide customers with help in making their HSMP application.

Evidence is required to support your claim for previous earnings. More than one piece of evidence is required for the period you are claiming so that the information can be corroborated. The evidence must be from an independent and verifiable source. To ensure that the process is objective and transparent, the evidence we require is detailed on the application form. Different types of evidence are required if you wish to apply using Salaried Earnings, as an Independent Contractor or as a Self-Employed person.

Please refer to the FAQs before you submit your application. They are updated with the latest information on questions being raised by applicants. They will help in completing your application form correctly and providing the required evidence.

This update of the FAQs provides further clarification on the following:

What is a tax return?
Salaried earnings - I have not got a tax return to cover the full period – what can I do?
Independent Contractors - I have not got a tax return to cover the full period – what can I do?
Self-Employed Applicants - I have not got a tax return to cover the full period – what can I do?
What is an independent contractor?
What are overseas earnings?
The FAQs are available by clicking http://www.workingintheuk.gov.uk/wo.../hsmp_faq.html?

[SASMAN]

I just noticed these updated FAQ's also.
It worries me a bit as I have just sent away my HSMP application and applied as a salaried employee.
I am the director and sole shareholder of my own Ltd company which pays me a salary, and I pay tax and NI contributions on this. The guidance notes suggest that I would be a salaried employee, which is what my accountants also say.
I rung up the home office last week and said this and they agreed that I should apply as a salaried employee of my own company.

these faq's state in question [b]29:What is an independent contractor?[/b]
"If you operate as a business or as a limited company you will fall into the self-employed category. "

Well I am not self-employed in a tax sense. I am an employee of my Ltd company. But it appears according to HO I am self employed so looks like they advised me incorrectly on the phone, and I may have to send in some more documents.

Also seems like on their 'all forms' they have replaced the HSMP application form with the guidance notes. Maybe they are trying to reduce the number of applications??

[usman.saleem]

Also seems like on their 'all forms' they have replaced the HSMP application form with the guidance notes. Maybe they are trying to reduce the number of applications??

http://immigrationboards.com/viewtopic.php?t=13154

[goldfish]

Sasman,

I'm in the same situation as you.

I'm sole director & shareholder of a limited company and applied on 25 January as "Salaried" (I receive salary and dividends). I applied as Salaried because it seemed from the form/guidance that this was the right category if you were basing your application on personal earnings (not the earnings of the company). I'm concerned at the tax implications of categorising myself as "Self Employed"!

Another friend of mine is in the same situation and was advised on the phone that he is "Salaried" (not Self Employed).

So it seems that there is confusion in the Home Office about how to apply the rules - I'm concerned I'll get rejected because on new "rules" that weren't in place when I applied.

Where is your application up to?

Will keep you updated on mine....

[goldfish]

Sasman,

My extension has now been approved (was processed more quickly cos I submitted an Urgent Treatment Request). Details on the main HSMP Extension Forum, not sure if the link will work but try this:
http://www.immigrationboards.com/viewto ... &start=540