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What kind of work can I do / lawfully economically active !

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sand_03
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Posts: 18
Joined: Tue Jul 22, 2003 2:01 am

What kind of work can I do / lawfully economically active !

Post by sand_03 » Sun Jun 06, 2004 10:09 pm

Hi everybody

After my HSMP approval I am in my phase of suitable job search. I need some help to better understand the limitations/flexibilities on the kind of work I am allowed to do.

I have done some research on the official HO website / guidance notes and my observations are as follows:

1) Current HSMP guidance notes 'Question & Answer' section Q-26.1 answer states:
"You can undertake any work, for example it could be as an employee, a contract worker or on a self-employed basis or a combination of these. It will usually be expected that you will be lawfully economically active when you apply to extend your stay in the UK under the programme. However if you have been unable to put your business or employment plans into operation we will expect you to provide evidence that you have taken all reasonable steps to become lawfully economically active.
The old HSMP guidance notes when I applied in December 2003 also had a sentence in this Q&A section as "However you will be expected to work at a level appropriate to your skills..." This sentence has been taken out from the current Mar04 version of the HSMP guidance notes.

2) I could not find any definition / explanation of the term 'Lawfully economically active' in the HO official websites. Referring to the FLR(IED) form guidance note No.6 under sub-section 'Documents required - For HSMP extensions' states that:
If you have applied for a HSMP extension, you must submit documents that demonstrate the following:

o Your economic activity and your personal earnings to date if you are employed, during your stay under the Programme;
o Evidence of the business you have established, if you are self-employed.
o If you are not economically active you will need to provide evidence to show that you have taken all reasonable steps to do so during your stay in the UK e.g. several job applications relevant to your skills and experience

Details of all the information to send with your extension application can be obtained from the Home Office website: www.ind.homeoffice.gov.uk
In the IND website the HSMP leaflet leads you to "Working in the UK" website. This website's HSMP FAQs Q-5 states:
5. How do I get an extension?

Extension applications should be submitted approximately one month before your leave to remain as a Highly Skilled Migrant expires.

You must submit:

A fully completed FLR(IED) application form.
The correct payment.
Any original documentation required to support statements made on the FLR(IED) application form.
This leads me back where I started with the FLR(IED) form !!!

3) In the current HSMP guidance notes section 18.1 on 'Extension of stay in the United Kingdon' partly states:
You will be asked to provide evidence of your economic activity during your period of stay in the UK and evidence of your personal earnings during the period, if you are employed.
Could somebody pls help to clearly define / understand these ambiguous terms on which an HSMP extension is based?

Thanks

sand_03
Newly Registered
Posts: 18
Joined: Tue Jul 22, 2003 2:01 am

Post by sand_03 » Tue Jun 08, 2004 10:21 am

All successful HSMP applicants & senior memebers please help...

cjdchen
Newly Registered
Posts: 11
Joined: Thu May 06, 2004 10:52 pm
Location: UK

Post by cjdchen » Wed Jun 09, 2004 7:38 pm

I want to know too.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Jun 09, 2004 8:09 pm

sand_03 wrote:After my HSMP approval I am in my phase of suitable job search. I need some help to better understand the limitations/flexibilities on the kind of work I am allowed to do.
You can be self employed/ employed within your designated 'highly skilled' profession. Whilst there is a wide remit of activities you can conduct within a particular field the key notion is that it must be related to your skills which must be of a high/ managerial/ specialist level. For example I am a Chemical Engineer and could work across:

1. Design.
2. Research.
3. Technical writing.
4. Project management.
5. Technical sales.
6. Consulting.

and so forth. As long as you are not in employment/self employment where it is obvious no skills/ low level of skills are required with all due respect to the relevant professions e.g. security guard, manual labour such as landscaping etc you would be o.k. Likewise it is expected that you remain within the relevant profession e.g. a person that got HSMP as a computer programmer who then applies for extension after being a retail manager of say the local Argos store would IMHO not get a renewal.

In regards to the lawful component this means that not only must the relevant Income/ Company Tax paid and National Insurance contributions be made but that the employment must be within the remits of national legislation so no import/ export of say ivory.

Note that this is my interpretation of the extension criteria - others may have a different view and in all cases knowing the relevant skills set, planned/actual occupation vis a vis designated field and opportunities within it would be helfpul in drawing a more concusive outcome.

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