Highly Skilled Migrant Programme (HSMP)

Introduction

The Highly Skilled Migrant Programme (HSMP) is designed to help the UK win the “war for talent”.   Under the HSMP an individual with exceptional skills and talents can come to the UK to take up employment or set up in business free from much of the regulation affecting other immigration categories.  The HSMP is changing to Tier 1 under the UK's new points based immigration model. However, for now, it is still available to applicants outside the UK, (except for India where applicants must apply under the new Tier 1 provisions).

The Criteria

A points based system of qualification is used to assess applications.  Points can be scored in five areas, and to make a successful application, the applicant will need to provide evidence that they score 75 points or more in the areas described below AND that they are competent in the English language to IELTS level 6.  They must also be able to demonstrate that they can support themselves and any family without recourse to public funds during their stay in the UK, and that they are willing and able to make the UK their main home.

Scoring areas

Educational qualifications

A maximum of 50 points can be scored in this field:  50 points are awarded for a PhD qualification, 35 for a masters degree and 30 for a bachelors degree. 

Previous earnings

WPUK has introduced 9 earnings bands to replace the previous 3. Points available range from 5 pts for the lowest salary band to 45 points for the highest.  In order to account for varying levels of income level across the world, the level required to qualify varies depending on where the applicant lives.  The entry level salary for scoring points in this category is £16,000 in the UK or its equivalent in the applicant’s country of usual residence, e.g. in India this would equate to £3,000.  Unearned income, property rental income and interest on savings or funds or undeclared income will not be taken into account when calculating income in this category.  Official revenue documentation must be produced to show that all income was declared for taxation purposes.  Salaries are converted into sterling using the exchange rate in effect at the time of application, or if the individual has recently had a study break, the exchange rate in effect when the income was earned.

UK experience

Applicants can claim a total of 5 points in this category if they have previous experience of living in the UK. To qualify, they will need to demonstrate that the points awarded in the previous earnings category was for income earned in the UK, or that they have obtained a bachelors degree or higher from a UK educational institution. The study should have been over a period of no less than 1 academic year.

Age Assessment

This category is intended to recognise that younger applicants may have difficulty scoring points in the previous categories yet they have potential to be active in the labour market for a longer period. 

MBA Provision

Recent MBA graduates from a prescribed list of global colleges can benefit from the priority provisions and obtain an automatic 75 points. Evidence of graduate will be required, e.g. degree certificate or if not yet available, a detailed academic transcript.

Competence in the English language

The requirement to demonstrate a minimum standard of English is now an absolute requirement. Failure to adduce satisfactory evidence will lead to a rejection of the application, irrespective of the number of points awarded in the previous categories.

To demonstrate the required knowledge of English an individual must produce either:

• an IELTS Test Report Form showing a band 6 or higher score. The form must have issued in the two years prior to the date of the application; or
• evidence that they hold a bachelors degree that was taught in English and is of an equivalent academic standing to a UK bachelors degree.

Procedure

Applying from outside the UK.  The HSMP application must be lodged directly to WPUK in Sheffield.  Once approval has been received, the applicant must then apply to his/her local British visa issuing post for permission to enter the UK as an highly skilled migrant.

Apply from within the UK.  Where an individual is in the UK either as a student who has recently graduated from a UK degree or higher, or in a category of immigration permission which can lead to settlement, e.g. work permit holder (but importantly not as a visitor or business visitor) the application can be lodged directly to WPUK. Once an applicant has been recognised as an highly skilled migrant, they must make a second application for permission to remain.

The Home Office charges a non-refundable fee of £400 to process an highly skilled migrant application plus a further £350 for processing in-country immigration permission by post. There is no Fast Track, same day service for either the HSMP application itself or the subsequent FLR. Where an urgent business requirement or need to travel can be demonstrated, it is possible to expedite consideration of both applications.

If successful, the applicant will initially be granted leave to remain in the UK for up to a 24 month period.  Before that leave expires, an extension application can be lodged with the Home Office extending this period by a further four years.

Once an individual has remained in the UK for five years under this category, they will be eligible to apply for permanent residence in the usual way.  Time spent in the UK as a work permit holder or under one of the business categories can be aggregated towards the five year period.

Please contact David Robinson or Evan Remedios on +44 (0)20 7038 3980 or at info@rlegal.com if you would like to discuss your immigration requirements.

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DISCLAIMER: The information on this brief guide is correct to the best of our knowledge and belief. However, it is written as a general guide only and it is strongly recommended that specific advice is sought before action is taken.