HSMP - How quick can this be expedited and other questions

Hi all...
Hoping to truley benefit from your experiences.  I've been wanting to work/move to UK for some time.  Recently I was offered a job at a very small business (4 people total).  I have 8 years experience in my field and am being paid well here in NYC.  But, I was willing to take a low paying job to move and work there.  The employer (who I personally know) also has laid out a plan to increase my salary significantly over the course of a year.  There are snags though.

1) At this time, the company is financially not willing to commit to the total cost of the sponsorship.  The owner has offered up the idea of creating an LLC in the US, hiring me here and then having me work "consult" there with a "stipend"  Is this plausible? 

2) Based on the fact that I have an offer, if I apply for an HSMP, how quickly could I actually expedite the approval process.  If I say the start date is two months from the submission date - will that help expedite it?  I wouldn't want to wait more than two months.

3) Is it possible to go over for 6 months and get paid a stipend as if I'm in training to open an NY office. Would that require any special work permits?

4) What do people do who go over and find jobs in bars? 

Finally, with regard to the HSMP...they make a note that they want all originals.  I can provide my 2004 tax documents but they would be copies of the originals which would be submitted to the government.  Is that ok?  Does a CV count as documentation for employment?

Thanks in advance for all your help.
Tara

Hi,

I can't help with any of the other questions, but you can get official copies of your tax returns from your nearest IRS office.

2) Based on the fact that I have an offer, if I apply for an HSMP, how quickly could I actually expedite the approval process.  If I say the start date is two months from the submission date - will that help expedite it?  I wouldn't want to wait more than two months.

I dont know a lot about this visa, but i do know that it takes more than 2 months to get it.  I believe i have read of people waiting more than a year!

4) What do people do who go over and find jobs in bars? 

If you mean 'American' people,  if they dont have a work permit, student visa or some sort of settlement visa, then they are breaking the law.

Sorry i havent been very helpful... i just think you should be aware that this is not a quick process.
Good luck.

1) At this time, the company is financially not willing to commit to the total cost of the sponsorship. The owner has offered up the idea of creating an LLC in the US, hiring me here and then having me work "consult" there with a "stipend" Is this plausible?

Dunno.  I would assume that it'd be okay for you to work for a UK company from the US, but actually coming over here to work as a consultant might mean that you'd need a work permit.  Still, not sure about that.

2) Based on the fact that I have an offer, if I apply for an HSMP, how quickly could I actually expedite the approval process. If I say the start date is two months from the submission date - will that help expedite it? I wouldn't want to wait more than two months.

If you have a specific job offer, it sounds like it'd be more appropriate for you to apply for a work permit.  The HSMP visa is difficult to get unless you truly are highly skilled (or deemed to be by the Home Office).  A work permit, while difficult to obtain, is much easier to obtain if you have gotten to the point of being offered a job by a UK company.

As far as I know, there's no way to expedite any type of visa application.  They might look at your start date, but I doubt that would encourage them to speed things along.  It's my sense that most visa processes (other than spouse or fiance/e') take several months.

3) Is it possible to go over for 6 months and get paid a stipend as if I'm in training to open an NY office. Would that require any special work permits?

Well, would you actually be training to open a NY office, or would that just be a way to get you here for 6 months?  And what would you do after those 6 months?

4) What do people do who go over and find jobs in bars?

People don't just come over and find jobs in bars.  It's illegal to look for work (or volunteer) whilst here as a visitor.  It's easier for members of the EU, because they pretty much come and go as they please.  As a US citizen, though, you'll need a work permit or settlement-linked visa if you're going to work here in any capacity.

It might be best to wait until the company in question can afford to pay for your visa sponsorship.  It is an expensive process, and if you have to pay part of that, coupled with a lower salary and a higher cost of living, it might just not be worth it in the long run.

In answer to your questions:

1.  I think they would still have to sponsor you for a work visa

2. Not sure but probably longer than  months

3.  Not sure but if you are being paid would probably require a work permit

4.  They are mostly EU citizens or Commonwealth citizens on working holiday or ancestry visas, neither of which are options for US citizens. 

1) At this time, the company is financially not willing to commit to the total cost of the sponsorship.  The owner has offered up the idea of creating an LLC in the US, hiring me here and then having me work "consult" there with a "stipend"  Is this plausible? 

It is plausible, but ineffective.  They would create a brassplate in the US if they wanted to transfer a Brit into the US on a Tier 1, but it does not work the other way round.  And in all events, as a local hire, they would need to arrange to get you legally paid in the US - it means they need to file with the IRS there and additionally explain to Inland Revenue why they were making wire transfers abroad.  And before you got paid they would need to amend their charter at Company House in order to clear the money laundering hurdles. 

So while it's plausible, it not a small undertaking for a company here to start making local hires abroad.  And if IND ever get the notion that the brassplate is a vehicle to avoid immigration compliance, then the party's over anyway.  It is helpful to remember that IND have seen lots of gimmicks before, especially from South Asia and the Far East and they are anything but naive. 

As to visiting them to consult on things, that's fine - it's a standard Business Visitor - not a big deal.  If it looks like you are doing work beyond the remit of consulting, you'll need a permit.   The IO will always ask the Business Visitor to show hotel reservations, and that can get pricey very quickly.  And if you have a flat instead, they will get VERY inquisitive.  The fact that you're in a small company works against you here.  But they have refused entry for Business Visitors from places like IBM, Morgan Stanley, and so on. 

So to get you sorted with a permit using a specialty firm costs about £500 - £1,000 all in.  That's not a massive capital outflow - it's usually on par with what they would pay a recruitment company to hire locally.  Of course they need to go through all the EU rigmarole, but the specialty firm does that as part of the service.

I dont know a lot about this visa, but i do know that it takes more than 2 months to get it.  I believe i have read of people waiting more than a year!

Almost a year -- Some folks from June 2004 have been now waiting close to 10 months (They've called the HO, and the application is either being processed or has been processed and waiting to be mailed). 

On the other edge of the spectrum of poor souls are the 2005 HSMP applicants who get their applications processed as quickly as in four days (Imagine applying thinking you had 6-10 months to prepare for the move, and then within a week getting your documents back telling you it's time to move RIGHT NOW!)

So, on the HSMP,  I would say expect to wait somewhere between 4 days and 1 year 

Garry,
Thanks for your help with the above response. 

So to get you sorted with a permit using a specialty firm costs about £500 - £1,000 all in. That's not a massive capital outflow - it's usually on par with what they would pay a recruitment company to hire locally. Of course they need to go through all the EU rigmarole, but the specialty firm does that as part of the service.

is this referring to the costs to go as a business visitor or the costs to sponsor a work permit properly?

Thanks again.
Tzig