HSMP: January 2007 Updates
Following the announcement of the new HSMP rules, as amended on 7 November 2006, a number of vague areas have caused applicants concern. Most of the concerns focus around HSMP earnings points, and the exact documentation that needs to be submitted with an application in order to ensure approval.
The UK Border Agency has clarified a number of these areas. The key point is that more than one piece of evidence will always need to be provided. The type of employment, whether it be Self-employment, Independent contractor Employment, or Salaried Employment, will usually restrict the types of documentation that are available for you to submit with your HSMP application.
The areas that have been clarified are explained below.
A Tax Return
The HSMP guidance refers to a tax return, but really this does not mean a tax return that most migrants are familiar with, that is, the document completed and returned by the individual to the tax authorities. Instead, the UK Border Agency actually require a tax document issued either by the tax authority, or your employer. In the UK, a P60 is provided to each employee at the end of the tax year. For US applicants, a W2 would need to be submitted, if you wish to rely upon your “tax return”.
Claim Periods without a Tax Return
If you do not yet have your tax document, or if you have the document, but the period of the document does not correspond to the period you wish to claim earnings for, you will need to provide alternative documents.
Mulberry Finch’s Immigration Lawyers will guide you on the documents that are acceptable to the UK Border Agency in relation to HSMP earnings points.
Independent Contractor
The Independant Contractor category for employment that doesn’t meet the traditional definition of an employee, nor that of a self-employed person. Essentially it is the default category, if you are unable to provide evidence for salaried or self-employed earnings. This category usually applies to IT Contractors, Artists, Freelance journalists and Management Consultants.
An independent contractor may usually consider themselves to be self-employed, but generally they will not have access to their limited company business bank account, or other administration documents that a self-employed person will need to provide for consideration. The evidence required is more in line with a salaried employee, but allows for the limited company salary and dividend payments that limited company shareholders still receive.
Mulberry Finch can advise on the documentation that you need to provide.
