questions regarding HSMP, employment, and IRL

Apologies in advance if these are questions that get asked over and over. If so, just point me towards the latest discussion.

From advice I've received, it appears likely I could get an HSMP visa, based on a combination of education level, work experience, and current salary. Now, as I understand it, the HSMP visa isn't tied to a specific job the way a work permit is, but instead gives one leave to enter and look for work and work for a year.

Now, it isn't likely that I'll find work *exactly* like the work I do in the States, but I think I should be able to find something like it, or something in the same general field that will use my basic skill set (research, analysis, writing, editing and publication, designing and building databases, with a little Web and GIS work under my belt as well).
 
But (and this just occured to me recently) if I decide I'd like to stay and apply for leave to remain, chances are that my salary at that point will not be what it is now (I don't expect to earn as much in the UK at the sort of work that I do as I earn in the US). If that means I don't have enough "points" at that juncture to qualify as "highly skilled", does that mean that I'll likely be denied leave to remain?

And if I end up working outside my "chosen field" (say the only work I can find is retail management, or bartending), then the visa will also go poof when I reapply, right? because I'm not working in the area that I was granted leave to work in?

feeling a bit gloomy...

Unless the law has changed, if you are here in the country for four years and this has been your place of residence you pretty much qualify for ILR. From what I have heard illegal immigrants can apply for it after four years also. Other people with way more knowledge on the subject will be able to give you sound advice when the UK awakens. Good luck!

Thanks Cicero! I fear that the HSMP visa is only good for one year, at which point one needs to apply for further leave before ILR. Or, as one site puts it:

"Under the HSMP applicants will initially be granted 12 months' stay in the UK. Then towards the end of the twelve month period applicants can apply to remain in the same capacity for a further period of up to three years. After four years as a highly skilled migrant, applicants can apply for permanent residence [ILR]."

It's the "in the same capacity" I'm worrying about. I've written to my immigration advisor too, but I get the impression from reading this forum that people here have lots of practical experience as well. I'll be interested to see what they say when, as you say, the UK wakes up. :-)

Of course, if I can just win the lottery, then I can go over as someone preparing to start their own business (GBP200,000 ought to be plenty to start an Internet-based editing and publishing consultancy located, say, on Skye :-) ). I just need to arrange the "winning" part! ;-)

cheers!

Jan

Unless the law has changed, if you are here in the country for four years and this has been your place of residence you pretty much qualify for ILR.

This depends entirely on what type of visa you are living in the UK under.  For example, a simple 4 years on a student visa will not qualify a person for permanent residency/ILR.  5 years on a work permit, however, will.  Or 2 years married to a UK national and living in the UK.

From what I have heard illegal immigrants can apply for it after four years also.

Illegals can apply any time they want.  But the application will not be successful unless they can show 14 years of residence here...

For what it's worth, here's the reply I got from my advisor

...after 12 months you just need to show you have been economically active in the first 12 months. I always joke with my university scientist clients with multiple qualifications/awards that they could go and work for Macdonalds if they wished after getting the clearance !

As long as you are supporting yourself financially there is not an issue - you can work in whatever field, which I was surprised at when the rules first emerged.

So that's a load off my mind.

BTW, I really can't praise this chap highly enough. If you need UK immigration advice, I would strongly recommend Richard Russell of First Permit (http://www.ukworkpermit.info/). I've found him very helpful, quick to get back to me with answers, and willing to go the extra mile to help applicants get their ducks in a row.

There is a lot of debate about what a Highly Skilled Migrant can do once they have their first year permit.  Some advisors say that, in order to get the extension, they have to show that they have been working at a suitably high level or at least have to show that they have TRIED to find work at a senior level in the area they stated they were going to work in.  This has always been what I advise my clients, as there is a danger that the Home Office will refuse the extension otherwise.


Victoria

Thanks for those comments, Victoria! I shall certainly be *trying* to find a position for a skilled/senior person in my field, and I expect I will be able to find something. My main concern was whether I would need to demonstrate income equal to or greater than what I was making when I originally applied for HSMP, in other words whetehr I have to, in effect, requalify as HSMP after 12 months.

The answer to that is no.  The salary differential won't matter.


Victoria

The answer to that is no.  The salary differential won't matter.


Victoria

Excellent! :-)