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1st ContactCHANGES TO THE HIGHLY SKILLED MIGRANT PROGRAMME
DO YOU STILL QUALIFY?

 

 

What’s happened?

On the 7th of November the Immigration Minister, Liam Byrne announced a dramatic change in the rules for the Highly Skilled Migrant Programme (HSMP). This is the first step towards the new point based system for managing migration. The Home Office have suspended the HSMP until the 5th December 2006 to manage the transition to the new criteria. From the 5th December 2006 all applicants under the HSMP scheme will be assessed against the new points which have been designed to better reflect the likelihood of a migrant’s labour market success.

The new points criteria means that entrepreneurs and professionals will face a rigorous but clear test of their capabilities to work in the UK. This process will help select migrants who will be the most successful in benefiting Britain’s economy.

The Highly Skilled Migrant Programme is currently the only points based immigration route in the UK. The change in the criteria reflects the determination of the Government to ensure greater transparency and objectivity in decision making for applicants. These changes are the start of the new five-tiered Points Based System for all migration routes to the UK which is to be introduced by April 2009.

 

What has changed?

The revised HSMP criteria will allow applicants to score points against the following criteria:

Qualifications

Previous Earnings

Age

MBA scheme

Earnings gained in UK/Qualification gained in UK

 

In order to qualify a person now needs 75 points. There is no longer the “under 28 years old” and “over 28 years old “ category. You now get a certain number of points allocated to you depending on your age. The Home Office have also removed the work experience category. A mandatory English language requirement has also been introduced.

  

 

What if I have already submitted an application prior to these changes?

If this is the case then your application will still be considered under the old HSMP rules.


What if I am already on the HSMP visa?

If you are currently in the UK on the HSMP visa then you will need to meet the points criteria again at the extension stage. So if you have been issued a 12 month or 24 month visa under the HSMP you will need to prove that you qualify with 75 points.

 

HSMP ChangesThe Home Office have replaced the current extension application with a new points criteria, which applies the same attributes being introduced for initial decisions: English language, previous earnings, qualifications and age.

Transitional arrangements will apply for those whose HSMP visas are expiring and whose applications will now be considered under the new criteria, but who fail to meet the new requirements. This transitional period will allow them to switch into the Work Permit Scheme (provided they meet the criteria) with the Resident Labour Market test being waived if they have been in a post for a specified period. 

On the surface the new regulations give the impression that the change in points will make it easier to qualify for the scheme, however new applications will be subject to rigorous and more stringent documentation requirements.
These changes are going to affect a lot of people, those who still want to apply for the Highly Skilled Migrant Programme and those who are already on the scheme. Out of all the challenges you will face in the U.K., applying for your new visa will be the most important, governing whether you remain in the U.K. or not. It is vitally important that the correct forms are completed, the Immigration Department receive the correct evidence and are made aware of the exact visa category you require as failure to do so could lead to your passport being tied up in red tape for months or worse still, your application being refused.

1st Contact Visas has vast experience in dealing with the HSMP and any other visa category or Immigration matter. 1st Contact Visas are registered with the Office of the Immigration Services Commissioner (Reg number F2001-00004) so by engaging in their services to represent you with your visa application you can relax with the peace of mind that one of their experienced consultants will be handling your case ensuring that the job is done professionally and successfully.

For further information, contact a consultant today to discuss your situation and find out if you qualify.

Call 0800 082 0489

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