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HSMP Approved, can I work?

General UK immigration & work permits; don't post job search or family related topics!

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klmacko
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Posts: 38
Joined: Mon Aug 07, 2006 7:09 pm

HSMP Approved, can I work?

Post by klmacko » Mon Jul 14, 2008 7:14 pm

With the recent changes to EC process, I am curious that if I have an approved HSMP letter, am I able to go to London to work before applying for an EC? I have a job offer, but now with the new 2800gbp maintenance rule I don't know if I can take the job since I have to wait 3 months until I can apply for EC. I know I would have to come back out of the country to apply, I just don't want to lose a job because of the change in rules.
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PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Jul 14, 2008 7:52 pm

What visa do you have, or are you hoping to have?

If outside the UK, what nationality are you?
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klmacko
Newbie
Posts: 38
Joined: Mon Aug 07, 2006 7:09 pm

Post by klmacko » Mon Jul 14, 2008 7:55 pm

I have the HSMP approval letterbut have not applied for the entry clearance visa yet due to the new maintenance funds requirement. I am a US citizen in the US currently.
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PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Jul 14, 2008 8:27 pm

What visa are you hoping to have?

If you just fly into the airport you would enter as a visitor, and working on that is breaking the law. If the Immigration Officer thinks that you are coming to work, which you are, then you could be "bumped" and put on the next available flight home.

The employer would be liable to a £10,000 fine for employing you if they get caught. If they are reputable they will ask for evidence that you can work illegally, which you would not be able to provide, and it could make you look bad.

Regards

PP
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klmacko
Newbie
Posts: 38
Joined: Mon Aug 07, 2006 7:09 pm

Post by klmacko » Mon Jul 14, 2008 8:47 pm

Thanks. I am not trying to be sneaky and do anything illegal, but when they change the rules which hinder people who have already started the process it makes things even harder. The fact I have a job offer, but have to wait 3 months before even submitting for a working visa will probably result in me losing the offer. Is there anyway to get by this? I'm assuming no.
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PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Jul 14, 2008 9:02 pm

You could see if the employer will apply for a work permit for you, but there are delays with those at the moment because alot of employers will be putting in applications before Tier 2 goes live.

On the other hand, I seem to remember that you have had a work permit before, so UK Border Agency will already have seen your references. This may speed things up, also if the employer has made work permit applications before.

I cannot think of anything else that can help you. I was only pointing out that working when in the UK as a visitor is breaking the law on both your part and the employer's part.

The maintenance requirement was announced at the end of February. Are you sure that you cannot apply for entry clearance using the old HSMP rules? You may be better off reposting your query in the Tier 1 forum.

PP
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