Office Address

Global Immigration Solutions
Hiltongrove Business Centre
Hatherley Mews
London
E17 4QP
Telephone: 08448 044 128

FACT SHEETS

 

Highly Skilled Migrants

The Highly Skilled Migrant Programme (HSMP) is designed to allow highly skilled people to migrate to the UK to look for work or business opportunities. It differs from work permit arrangements because you do not need a specific job offer in the UK before applying. It is also different from other business categories such as the Innovators scheme, as there is no requirement to provide a detailed business plan, nor to create jobs or to invest money in the UK. Successful applicants do not need to have a job or job offer before entering the UK.

Applicants under the HSMP, whether applying from outside the UK or seeking to switch from another immigration category within the UK, face a two-stage application process:

  • You must first apply to Work Permits (UK), a branch of the Home Office, for approval for entry to the programme.
  • Once approved, you must then apply for entry clearance to come to the UK in this category if you are currently outside the UK, or to switch from another immigration category if you are already in the UK.

The UK government has announced changes to the HSMP from the beginning of 2008. This guide reflects the current requirements.

To qualify for the HSMP you must show that you are able to score 75 points or more from any of the following categories:

  • Age: Points are given on a sliding scale, from a maximum of 20 for those aged under 27, to 0 for those over 32.
  • Qualifications: Points range from 30 for a bachelors degree, 35 for a masters degree, 50 for a PhD.
  • Previous earnings: Points are awarded according to gross earnings from 12 months out of the previous 15. Points depend on the level of income earned measured against the average earnings of the country in which the income was earned.
  • UK experience: An extra 5 points can be awarded if an applicant can show their points for previous earnings were for income earned in the UK, or that they obtained a bachelors degree or higher from a UK educational institution, after studying there for at least one year.
  • English language competence: Applicants must demonstrate that they have either a bachelors degree that was taught in English and which is of equivalent standing to a UK bachelors degree, or an International English Language Testing System report form, issued in the two years prior to the date of application. Failure to satisfy this requirement will mean the application is rejected, regardless of the points scored under the other categories.
  • MBA Applicants: Recent MBA graduates from a set list of approved institutions are treated as priority applicants, and automatically awarded the 75 points necessary for a successful application, without having to meet all of the other criteria.

As well as scoring 75 points, you must also demonstrate:

  • Ability to continue to work in your chosen field in the UK
  • Ability to maintain yourself and any dependants whilst in the UK
  • Willingness to make the UK your main home

Current Fees

Fees payable to the UK authorities are as follows:

Application to Work Permits (UK) £400
Application for entry clearance £200
Application to extend or vary your leave to remain in the UK under HSMP £350

It is possible to switch into the HSMP from some immigration categories - principally degree level students, work permit holders, working holidaymakers, and innovators.

Successful applicants will be granted leave to remain in the UK for up to 2 years, and, provided you still meet the requirements of the scheme, permission will normally be extended for another 3 years. After 5 years' residence, an ILR application can be made.

Any time spent in the UK under one of the other Business categories can be counted towards the 5 years required for Indefinite Leave to Remain (settlement).

Our Services

We provide advice and representation for both steps of an application under the HSMP - that is, an application for approval under the scheme to Work Permits (UK), as well as applications for entry clearance / further leave to remain in the UK.

Consultations and General AdviceIf you want general advice on your immigration situation and whether or not you meet the requirements of the HSMP, you can make an appointment to meet with one of our lawyers. We will give you an assessment of the merits of your case and advise you on what we consider your best course of action to be. If our advice is that you can submit an application, you may decide to do this yourself, or to instruct us to take your case on and make the application on your behalf.

Making an initial application in the UK or abroad

The quality of an initial application can make the difference between the success and failure of that application. When you instruct us we will:

  • Give you an assessment of the merits of your case and advise you on the best course of action
  • Inform you of the legal requirements which you will have to meet for your application to be successful
  • Explain how the legal requirements will be interpreted by the UK authorities, based on the internal instructions given to their caseworkers
  • Complete the application form on your behalf based on the information you give us
  • Give you detailed advice about the supporting evidence that will need to be submitted along with your application
  • Submit your application form along with all evidence and with legal representations on your behalf. In the legal representations we will set out the particulars of your case and circumstances, details of the Immigration Rules under which you are asking for your application to be considered, and show how you meet the requirements of the law, presenting your case in the best possible light to explain in legal terms why your application should be successful.
  • Liaise with the appropriate authorities until a decision on your application is received

Review of decision

There is no right to lodge a formal appeal, decided by an Immigration Judge, if you are not accepted as meeting the requirements of the HSMP, but it is possible to ask for the decision to be reviewed. We can assess the merits of your case and draft detailed legal representations setting out reasons why refusal by the Home Office is incorrect, and how your application meets the requirements and should therefore be granted.

Appealing against a refusal

If you have been accepted under the HSMP and your application for entry clearance or further leave to remain in the UK is refused by the UK authorities you will normally have a right to appeal against the refusal. An appeal must be lodged within very short time limits, and the appeal form must give detailed reasons for the appeal (called 'grounds of appeal') if the appeal is to be valid. All appeals, even those against the refusal of entry clearance abroad, are heard by an Immigration Judge sitting at the Asylum and Immigration Tribunal in the UK.

We offer two levels of service for appeals:

Grounds of Appeal
We will review your papers (initial application and supporting documents, refusal letter) and will draft detailed grounds of appeal giving legal reasons as to why your application should not have been refused, for you to submit with your appeal. We may need further information, either face-to-face or over the telephone/email, from you to enable us to do this. We have no responsibility towards you other than drafting the grounds of appeal within the strict time limits given by the UK authorities.

Representation
As well as drafting grounds of appeal we will submit your appeal to the Tribunal within the given time limit, liaise with you and any witnesses you may have who will speak for you at your hearing, liaise with the UK authorities on your behalf, and represent you before the Immigration Judge when your appeal is heard, using legal arguments, case law and the government's own immigration rules and policies to present your case in the best possible light.