HSMP

The Financial Times newspaper reported criticisms of changes to the Highly Skilled Migrants Programme (HSMP). In its 18 December 2006 article entitled ‘Lawyers attack ‘unfair’ points system’, the newspaper quoted Roger Gherson, the principal of Gherson and Co, who said:

The Home Office has made significant changes to the Highly Skilled Migrants Programme (HSMP). Following a brief period of suspension, it is now again possible to make applications under the Highly Skilled Migrant Programme (HSMP), but it is important to be aware of the changes to the requirements to be met.

The HSMP remains a points based immigration category and a minimum number of points must be successfully scored as well as demonstrating a high level of ability in English language. Probably the most striking change is that the applicant\'s work experience will no longer be directly taken into account. Briefly summarised, the current position is as follows:

- The minimum number of points needed to qualify under the programme is 75

- Points will be given for education, earnings, age and UK experience

- Extra points can be claimed for age if aged under 32

- Points can be claimed for UK experience (if earnings or degree are from UK)

- Applicants with MBA from the Home Office list of 50 eligible programmes will be awarded 75 points where requirements are satisfied.

- Applicants must prove ability in English language - IELTS band 6 or above

If you were familiar with the old programme be aware of the following changes:

- Points for work experience are now no longer given

- Points for partner's qualifications are now no longer given

- Points for achievement in the field are now no longer given

In respect of these changes and with regard to all aspects of HSMP applications, the Home Office is very specific in terms of the supporting evidence that is required for a successful application. Based on this fact and on our extensive experience in preparing and submitting HSMP applications our view is that such applications will have to be most diligently prepared and enormous attention to detail in respect of the necessary evidence is now increasingly essential if a positive outcome is to be achieved.

For more information on HSMP, click here. If you are interested in making an HSMP application and are looking for professional representation in this regard please contact  us.

16 November 2006

On 7 November 2006 changes to the rules for the Highly Skilled Migrant Programme (HSMP) were announced, with immediate effect. The scheme was suspended until 4 December 2006, after which time the new rules will apply. New applicants must satisfy the new criteria. So must people already in the UK on the HSMP scheme need who apply for an extension of their stay in the UK as a highly-skilled migrant. Those applying for an extension of stay who do not satisfy the new criteria are given a time-limited chance to move into work-permit employment, i.e. working for one particular employer. Employers will be allowed to apply for work permits for people who have worked for them for long enough as highly-skilled migrants, without having to prove that no UK or European Union-based person can do the job (the Resident Labour Market test).

The Home Office stated in their announcement: 'these changes will inform the decisions the Government will take towards establishing the new five-tiered Points Based System for all migration routes to the UK to work or study by April 2009', thus sounding a warning that the scheme may change again, perhaps many times, until the government are satisfied that they have got it right. What are the implications of this uncertainty for would-be highly-skilled migrants and those who wish to employ them?

The government's medium-term goal is a system covering all applications to work in the UK that is based on scoring points against criteria that are as easy to verify and as objective as possible. They plan to have five categories or 'tiers', each with their own criteria and designed for different types of worker.

The HSMP is the only 'points-based part' of the current system. The changes to the scheme announced on 7 November mean that it will closely resemble the proposed "Tier 1" of the Points-based system, expected to be the first part of the Points Based system to be introduced. Gone are any points for work experience; points are awarded for academic qualifications, previous earnings, UK experience, and under-32s will get top-up points based on age. There is a mandatory English language requirement. The changes thus appear to be a trial run for the Points Based system; a chance for the government to check that it has the criteria right before starting to implement that system. If the government decides that it does not have the criteria right, for example if it finds that the new criteria exclude people whom the UK wants to attract, or include too many people who are not bringing unique skills but competing with resident workers for jobs, the criteria are likely to be changed again...and again. The result? People admitted to the UK as highly-skilled migrants may find that when they come to apply to extend their stay, they no longer qualify in that category.

HSMP, and Tier 1 of the Points system, are unique amongst the immigration categories whereby a person comes to work for an employer, rather than for themselves, because the worker is free to change employers. Highly-skilled migrants will therefore be asking 'Which job will put me in the safest position if the criteria change again?' Employers will be asking "How do I retain my highly skilled migrant staff in this changing environment?". Some first thoughts:

- Highly-skilled migrants will be looking for high salaries, because points are linked to salary
- However, points are also linked to academic qualifications, which may make support for studies as attractive, and in some cases more attractive, than a small pay rise.
- If the approach taken on 7 November is repeated when there are future changes, then the time the employee has worked for the employer will be relevant to whether a work-permit can be obtained for an employee who no longer qualifies as a highly-skilled migrant. Loyalty and commitment on both sides appear to be rewarded. Employees who feel confident that their employers will make a work permit application for them if the need arises, are likely to be tempted to stick with that employer.

What are the chances of future changes to the criteria? This is difficult to predict, but some first thoughts are:

- The lack of points for previous experience, and the apparent impossibility of scoring enough points to qualify as an HSMP without a degree may result in world leaders in their field, for example in the arts or sport, being unable to qualify under the HSMP. If the UK is failing to attract the people it wants, the government may wish to adjust the scheme.
- If very large numbers of people qualify under the scheme and are felt to be competing with, rather than complementing, the UK and European Union workforce, the government may wish to make it harder to qualify under the scheme, or even consider imposing a limit upon the numbers who can qualify
- There is likely to be a discussion as to whether the points top-up for younger people, in its current form, is justifiable or desirable.
- The intention is that applications under the Points Based System will be processed by Entry Clearance Officers at British Embassies and Consulates abroad, whereas HSMP applications are processed by Work Permits UK, which has specialised in this type of application for a long time. If the government decides to introduce a more complex scheme, or more complex evidential requirements, it would seem likely that it will want to try these out while the experts are still dealing with the applications.

Alison Harvey,  Gherson and Co.

For more information on HSMP, click here.

Applications under the Highly Skilled Migrant Programme (HSMP) are currently suspended and will resume on 4 December 2006. The reason for the suspension is that the Home Office has made significant changes to the requirements under this programme and the suspension period is to allow for the operational transition to be effected.

From 4 December 2006 HSMP applications will again be accepted for consideration by the Home Office, but this will be under the new requirements published on 7 November 2006.

The HSMP remains a points based immigration category and a minimum number of points must be successfully scored as well as demonstrating a high level of ability in English language. Probably the most striking change is that the applicant's work experience will no longer be directly taken into account. Briefly summarised, the changes are as follows:

- The minimum number of points is now 75

- Points for work experience are now no longer given

- Points for partner's qualifications are now no longer given

- Points for achievement in the field are now no longer given

- Points can be claimed for age if aged under 32

- Points can be claimed for UK experience (if earnings or degree are from UK)

- Points will be given only for education, earnings, age and UK experience

- Applicants must prove ability in English language - IELTS band 6 or above

- Provisions for applicants with MBA from Home Office list of 50 eligible programmes still to be awarded 75 points where requirements are satisfied.

In respect of these changes and with regard to all aspects of HSMP applications, the Home Office is very specific in terms of the supporting evidence that is required for a successful application. Based on this fact and on our extensive experience in preparing and submitting HSMP applications our view is that such applications will have to be most diligently prepared and enormous attention to detail in respect of the necessary evidence is now increasingly essential if a positive outcome is to be achieved.

If you are interested in making an HSMP application and are looking for professional representation in this regard please contact  us.

For more information on HSMP, click here.

The Home Office has today (7/11/06) announced changes in the rules which govern the Highly Skilled Migrants Programme (HSMP) and has suspended the programme until 4 December 2006.

The changes involve deleted points that were previously awarded for work experience; significant achievements; skilled partner, and will be replaced with points now awarded for academic qualifications; previous earnings, age and bonus points for previous work or study in the UK.

In addition, there will be a new mandatory English language requirement and a requirement that the applicant him/herself provides more of the relevant documentation.

There are also changes to the criteria for the extension of leave under HSMP. The present test to secure an extension, that applicants must show that they have taken all reasonable steps to become lawfully economically active, will be replaced with a test that uses the same criteria as the initial decision.

The Home Office has announced that in order to secure a smooth transition from the old system to the new, it is necessary to suspend the programme for approximately one month. The new rules comes into force on 8 November 2006 but the Home Office will not accept any applications that were not received by its payment processing centre by 5pm this evening until the programme is reopened on 4 December 2006. However any applications properly received by 5pm today will be processed using the old criteria.

Anyone who has already been approved under the programme can still apply for entry clearance for up to 6 months from the date his or her approval letter has been issued.

The Home Office has also suspended extension applications for the same period as initial applications. However it has reassured applicants that if an applicant's leave to remain expires during the suspension period they will not be disadvantaged.

If you require advice on this or any other UK immigration matter, please do not hesitate to contact one of our specialist lawyers and advisors. Gherson & Co has a dedicated HSMP and work permits department, and we are proud that of our strong track record on these applications.

For more information on HSMP, click here.

The Home Office has recently reported that migrants pay £2.5 billion more in taxes than is paid to them in benefits. The figure contradicts the widely held belief that migrants cost the British economy money and jobs. Recently some British newspapers have reported that migrants will cause a rise in council tax; something which the new Home Office figures suggest is not the case.

PERMIT FREE TRAINING FOR DOCTORS TO END FROM JULY 2006

Doctors from outside the European Union, who wish to work or train in the UK will have to obtain a work permit (or other similar UK immigration status) in order to do so. The only exception will be in respect of non-EU nationals who have been trained at UK medical schools, when two years of permit free training in the UK will still be allowed so that they can acquire full GMC registration.