New benefit for UK work permit holders switching onto the Highly Skilled Migrant Programme
The introduction of the Highly Skilled Migrant Programme (HSMP)
In January 2002 the Government introduced the HSMP, which allows the entry and residence of people qualifying under this scheme to seek work or self-employment in the UK. This new programme initially formed part of the work permit scheme review in 2000 but its implementation was delayed whilst the details of the programme were debated by a number of Government departments. The programme is the most radical business category to be introduced in the UK as it gives successful applicants freedom to take work on an employed or self-employed basis without any investment in the UK. Using a points system, applicants must score a minimum of 75 points to qualify and points can be gained in a number of categories, in particular for academic qualifications, work experience, earnings in the past 12 months and for "significant achievement" in the development of their chosen field. By way of example, 25 points can be obtained for a Masters degree, 25 points for 5 years experience with 2 at a senior level and 25 points for earning £40,000 in the UK in the past 12 months or an equivalent sum overseas. Significant achievement will also earn 25 points.
Recent changes affecting HSMP
From January to July 2002 the Government received 1300 applications with an approval rate of approximately 40%. These figures are disappointing - the Government initially believed that they would receive approximately 10,000 to 12,000 applications in 2002 to 2003. As a result the criteria are being reviewed. A welcome change introduced this month is that work permit holders can now switch onto the Highly Skilled Migrant Programme without losing the time they have already clocked up towards the four year qualifying period for indefinite leave to remain. Until now, the Home Office has refused to amalgamate time spent as a work permit holder with time spent on the Highly Skilled Migrant Programme when calculating the four year period. The new policy will assist many work permit holders (especially those who have recently lost their jobs) who wish to apply for the Highly Skilled Migrant Programme.
For further information on this or other immigration matters, please visit the Immigration Toolkit on the Law-Now site at www.law-now.com/immigration or contact Julia Onslow-Cole at julia.onslow-cole@cms-cmck.com or on +44 (0)20 7367 2733.
