1. How can I obtain the guidance notes and application forms?
You can download the form from this website or from www.workingintheuk.gov.uk. Alternatively, you can request a copy to be posted to you by calling to home office Distribution Centre in the UK on 01173 441 471.

2. How do I know what documents to send with an application?
The HSMP: Guidance for Applicants explains and defines the evidence we require from you in order to qualify for points towards the scheme.

3. What is the fee for consideration of an application and how do I pay?
The HSMP fee is £400. Payment can be made by one of the 3 methods indicated on the payment form:
• UK Postal Order
• Credit/Debit card or
• Cheque. Please make cheques payable to 'Home Office, Work Permits (UK)'.

4. Do you accept copies of certificates or other evidence?
They will only accept the original specified information. Where a document is not in English the original must be accompanied by a fully certified translation by an officially recognised translator. An officially recognised translator is defined as one that is recognised by the local British High Commission or Embassy.

5. Will my documents be returned after consideration?
Decision letters and original documents can only be returned to the applicant's current address, declared on the front of the application form, or the address stated on the representative's declaration page, if supplied.
The HSMP case-working Team will return your documents once the application process is complete. If you need your documents back before this time, you will need to contact the HSMP Team on telephone number 0114 207 4074.
For applications made within the UK, all documents will be dispatched using Recorded Delivery. For applications made from outside of the UK, documents will be sent by airmail

6. Can I arrange a courier to collect my documents from Sheffield?
Yes. If you wish to arrange a courier to collect your documents please notify the HSMP team by fax on 0114 207 6021 and they will contact you to let you know when and where your documents will be ready for collection. Please be aware that the HSMP team will not sign any documents from the courier company or pay for this service.

7. Can I send additional documents after I have made the initial application?
You should send in all the required supporting evidence with your application. Failure to do so is likely to lead to the refusal of your application. You may send in additional documents provided they reach the HSMP team before a decision has been considered. Please send any clearly identifiable additional documents directly to the HSMP Team in Sheffield.

8. Do I need to send my passport in with the HSMP application forms?
No, do NOT send your passport for an initial HSMP decision. However, you will need to provide your passport and the passports of your dependants for an extension application. However, if you are applying for an HSMP extension under the English Language Requirement – Transitional arrangements, and intend to take an IELTS Band 6 test within the next ten weeks, you should provide a copy of your passport. You should send your original passport along with the IELTS Test Report as soon as this is available.

9. Can I apply for this scheme by e-mail?
This service is not currently available for HSMP applications.

10. What is the provision for Masters of Business of Administration Graduates?
The 2004 Budget announced a new provision for graduates of the top 50 business schools to work in the UK for up to 12 months on completing their MBA. This provision forms part of the HSMP and aims to attract highly qualified and talented managers to the UK.
If you graduate from one of the eligible MBA programmes while that programme is on the list of eligible courses then you are eligible to apply for the MBA Provision. Successful applicants will be awarded 75 points for their eligible MBA.

11. Where do I send the completed application form and how?
Initial applications should NOT be sent directly to the HSMP team.
Application forms should be sent to our payment-processing site at the following address:

Applications for Further Leave to Remain should be sent to the following address:

12. Do you acknowledge receipt of the application?
They will confirm receipt of your application if you complete the relevant section of the application form. This acknowledgement will be sent once the payment has cleared and the application is received by the HSMP team.

13. What are your processing times?
Service standard is that 50% of new applications should be decided within 5 weeks of receipt at our payment handling service and 90% within 14 weeks.
Your decision may be delayed if they need to make further checks or seek additional information. This action may result in your application taking longer to decide.

14. Can my application be processed any faster than published estimates?
It is possible to make a request for your application to be processed urgently but only in the following circumstances:
• You have urgent travel commitments;
• You require urgent medical treatment;
• You have received an offer of employment;
• You have other exceptional circumstances.
You will be required to complete an HSMP Urgent Treatment form which can be faxed to the HSMP Team on 0114 207 6021. You can obtain a copy of this form from this website.

15. How do I notify a change of my address?
If you change your address please send full details to the HSMP Team in writing to:
E-mail: HSMP.workpermits@ind.homeoffice.gsi.gov.uk
Fax: 0114 207 6021.

16. How long have I got, after a successful application decision, to enter the UK?
You must apply for Entry Clearance at a British Embassy within your own country and within 6 months from the date of your approval letter.

17. How do I apply for an extension to an existing HSMP permission or one close to expiry?
Extension applications must be submitted up to one month before your Leave to Remain as a Highly Skilled Migrant expires.
Please complete an FLR (HSMP) form, enclosing the appropriate fee (£350) and specified required documents (see Annex C of the FLR(HSMP) Guidance Notes). Your passport and those of any dependants must be sent together with the FLR (HSMP) form in order to be endorsed.

18. I was initially granted 1 year on HSMP, for how long will this be extended when I apply for an extension?
The Immigration Rules allow an extension of stay as a Highly Skilled Migrant to be granted for a period 'not exceeding three years'. However, in light of the changes to the Immigration Rules which came into effect on 3 April 2006, which increased the qualifying period for settlement from four to five years, you may be granted a four year extension.

19. I have been working in the UK for 4 years and my HSMP visa is about to expire, can I apply for Indefinite Leave to Remain?
No, the minimum requirement for Indefinite Leave to Remain is now 5 years. You should apply for Further Leave to Remain, which is normally granted for 3 years. You can then apply for Indefinite Leave to Remain as soon as you reach the 5-year qualifying period.

20. My application for HSMP was unsuccessful, what can I do?
If you believe the decision on your application is incorrect and you wish the case to be reviewed without submitting any new evidence, then you may complete the Review Request Form, that can be downloaded from this site or from official website.
You should clearly state where you think the case should have been scored differently (please include your reference number) and post to:
Highly Skilled Migrant Programme (HSMP)
PO Box 3468
Sheffield
S3 8WA
Your case will then be passed to a different case-worker who will mark it independently. Only one review of a decision can be requested. You will not be charged for this.
However, if you wish to submit any new, or additional, evidence to support your application, or if you wish to claim additional points, you must submit a new HSMP application, on a new form along with all the original documentary evidence. As this constitutes a new and separate application, you will be charged the standard fee for a fresh application which is currently £400.

21. What if I meet the points threshold to gain HSMP but don't have the evidence to meet the English language requirement?
In order to qualify for HSMP approval you must achieve 75 points in the Points Scoring Assessment and also demonstrate that you meet the English language requirement. If you cannot meet both of these requirements, your application will be refused.

22. I was intending to enter the UK under the GP Provision, is this still possible?
The GP Provision was removed from the HSMP on 08/11/06. Individuals who would have previously been granted HSMP approval under the GP Provision may, however, still apply for HSMP approval but must meet the points threshold and the English Language requirement in order to qualify.

23. I have previously studied and worked in the UK, can I claim five points in the UK Experience category for each of these?
You can only claim a total of five points in this points scoring area for either UK study or previous UK employment but not both.

24. I have evidence, other than that requested on the application form, which I wish to be considered in addition to/or in place of those documents. Can I do this?
In exceptional circumstances, we may be willing to consider additional evidence which is not a specified required document on the application form. An example of this is covered at question 31, where additional documents may be required to corroborate previous earnings for Self-Employed applicants and Independent Contractors. We will also consider additional evidence where the application form prompts ‘exceptional consideration and evidence required’.

25. What is a tax return?
Under the Required Evidence Section of the Previous Earnings guidance, the term ‘Personal Tax Return’ is used. For the purposes of the HSMP application form, the term ‘tax return’ may denote any of the following:
• a document generated by a tax authority, which shows details of declarable taxable income on which tax has been paid or is to be paid in a tax year (eg tax refund letter or demand);
• a document generated by an employer for the purposes of an official return to a tax authority, showing details of earnings on which tax has been paid in a tax year (eg P60 in the UK); please note that P45s will not be accepted
• a document generated by an individual/business/company for the purposes of an official return to a tax authority, showing details of earnings on which tax has been paid/is to be paid in a tax year. This must be 'approved/registered/stamped' by the tax authority (this is particularly relevant to some overseas tax systems eg SARAL in India).
Self-assessment tax documents, which are completed by the individual are not acceptable for these purposes.

26. Salaried earnings - I have not got a tax return to cover the full period – what can I do?
Your personal tax return documentation must be submitted wherever it is available. Where you have not yet received this documentation for the current tax year, or if your documents only cover part of the period claimed, you must submit what tax information you have. In addition, you must complete the exceptional consideration box AND send us documentary evidence to support your request for exceptional consideration (this may be your most up-to-date tax return but may also include other documentary evidence to support the reasons you have given).
If you provide sufficient information to support exceptional consideration we will then consider the alternative documentation you have asked us to look at (i.e. Bank statements covering the period claimed for or a letter from your employer stating salary as claimed), and make a decision based on these.

27. Independent Contractors - I have not got a tax return to cover the full period – what can I do?
All four pieces of specified evidence must be provided.
However, one of the required pieces of evidence is your income tax return. If you have not yet received this documentation for the current tax year, or if your documents only cover part of the period claimed, please provide your most recent tax return or what tax information you have. We will consider the tax evidence you have provided, alongside the other three pieces of required evidence.

28. Self-Employed Applicants - I have not got a tax return to cover the full period – what can I do?
You must supply both an income tax return and personal bank statements to cover the entire period claimed. In addition, one of the listed combinations of additional documents must also be supplied.
If you have not yet received your tax return or if you do not have an income tax return to cover the entire period claimed, please provide your most recent tax return or what tax information you have. We will consider the tax evidence you have provided alongside the other required evidence.
Separately, under the listed combinations of additional documents for Self-Employed Applicants, the requirement is for company/business tax returns to be provided. These need not cover the entire period for which previous earnings are being claimed, but should detail your individual earnings for the period they do cover.

29. What is an independent contractor?
Under Previous Earnings on the application form, evidence can be submitted under three different categories, Salaried Earnings; Independent Contractor and Self-Employed. It has been designed this way to help you submit the right evidence to support your claim for previous earnings. The evidence required is different for each category and you must determine which category to use. The type of evidence you have available will help you to determine which best fits your circumstances.
We cannot advise on your employment status but there are some guidelines which you might find help you.
If you operate as a business or as a limited company you will fall into the self-employed category.
If you are an independent contractor you may consider yourself to be self-employed because you do not have continuity of employment with a single employer, but you may only be able to provide some of the required evidence from the self-employed evidence list and some from the employed salaried evidence list. To help cater for this we have created a specific category for Independent Contractors (e.g. some IT Consultants, Freelance Journalists, Artists, Management Consultants etc.)
You might find it helpful to refer to the H.M. Revenue and Customs (HMRC) definition of an independent contractor to help you - Information on employment status for NIC can be found on the HM Revenue and Customs website, under the section on Intermediaries Legislation IR35, found on the A-Z list via the site map on the HMRC website.

30. What are overseas earnings?
When completing the Previous Earnings section of the points scoring assessment, you must declare which of your earnings, during the period in question, have been UK earnings and which have been overseas earnings.
UK earnings will be considered to include any earnings that have been paid either to you (in the form, for example, of your salary), or to a UK based company or business which is capable of being taken into account for the purposes of UK taxation calculations.
Conversely, overseas earnings will include payments made to a business that remain overseas and which are not therefore subject to UK tax regulations.

31. What if the information requested on the HSMP application form in the Independent Contractor/Self-Employed categories does not clearly demonstrate my earnings over the previous 12-month period?
You should provide a letter from your accountant on their letter-headed paper which confirms your gross and net salary for the period claimed. As an alternative, payment summaries could be provided which break down income and dividend payments where appropriate. This should enable corroboration of earnings with the bank statements provided. Self-Employed applicants should provide both personal and business bank statements to cover the earnings period claimed. Where administration of your earnings is undertaken by a managing agent, the covering letter should explain this financial arrangement.

32. If I am currently working in the UK and have a controlling interest in the Limited Liability company for which I work, which earnings category is appropriate to my application?
You should complete the category for Self-Employed persons.

33. What if I have worked under more than one employment category within the claimed earnings period?
Where you have worked under more than one employment category during the period being claimed for, a covering letter should clearly indicate which items of supporting evidence relate to which category of employment and the period you wish to claim in each category. e.g.
Earnings period claimed – January to December 2006
Jan-May 2006 – salaried employment for xxxxxx employer
Supporting evidence provided - wage slips and bank statements or an employer letter for Jan –May 2006, P60 to cover earnings period to end of March 2006.
June-August 2006 – worked as an Independent Contactor
Supporting evidence provided – letter from accountant confirms gross and net earnings for June to August 2006, payment summaries with salary breakdown, invoices, service agreement and bank statements to cover June to August 2006.
September – December 2006 – Self-Employed trading as xxxxxx Ltd - Supporting evidence provided – personal and business bank statements, letter from accountant confirms gross and net profit for September to December 2006, payment summaries and service contracts provided.

34. What if I am unable to provide some of the required items of evidence for the Independent Contractor/Self-Employed earnings categories?
Where you are unable to provide required information for these categories, you should address the issue in a covering letter and explain why the information can not be provided and supply evidence to support this. As with all requests for exceptional consideration, we cannot guarantee that the evidence provided will meet our requirements.

35. If I am currently working as or through a Limited Liability Company in the UK and have a managing agent, should I provide any additional information?
A covering letter from your accountant should explain your working relationship with the managing agent and provide further explanation and clarification of the evidence provided where necessary.

36. If the HSMP team considers that I have applied under the wrong employment category for the assessment of previous earnings, will further information be sought?
No. It is your responsibility to ensure that you apply under the correct employment category and supply the appropriate supporting evidence to meet the requirements of that category.

37. If I operate through a Limited Liability Company as one of a number of shareholders, what information should I provide to demonstrate my stake within the company?
A letter from your accountant should confirm your proportionate shareholding within the company together with confirmation of your gross and net income and payment summaries.

38. If I apply under the self employed category for previous earnings, should the company accounts provided be in a particular format?
The accounts provided will need to be prepared in accordance with statutory requirements for the country in which you work. For example, a small company operating within the UK would be required to provide a company balance sheet signed by the Company Director which confirms that they have been prepared in accordance with the Companies House Act 1985.

39. Do TOEFL (Test of English as a Foreign Language) English language qualifications satisfy the English Language requirements for HSMP?
Yes, TOEFL certificates satisfy the English language criteria where they are of a level equivalent to IELTS level 6 and were awarded prior to you making your application..