The Government recently announced a change in the Rules for the Highly Skilled Migrant Programme ("HSMP"). The new HSMP rules were effective from yesterday. This is widely seen as the first step towards the new points based system which will be rolled out during the next couple of years.

The HSMP scheme is now suspended until 4 December 2006; the Home Office will not accept HSMP applications during this period. The new scheme will be operational from 5 December 2006.

The minimum points required to qualify for the HSMP have been raised to 75 (previously 65 points) and there has been a change to the assessment criteria. In addition, there is a new English language requirement (IELTS) which means certain individuals now need to sit English language tests.

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

  • qualifications;

  • previous earnings;

  • prior UK experience as a student or employee;

  • age; and

  • participation in an MBA scheme.

The previous categories of work experience, exceptional/significant achievement and partner’s achievements have been deleted.

  • The HSMP extension application process will also be a lot more stringent, introducing a robust points test for applicants as well as an English language requirement as above. If individuals do not score the required 75 points then the employer (in the event that the individual is in employment) will need to obtain a work permit for the individual (and therefore meet the requirements of work permit scheme which may include advertising). If employers do need to advertise for the role (and this would depend on the circumstances of the case), there would be a delay of at least one month in the application process.

How Will This Affect Employees Who Have HSMP Approvals Or Are Currently Under An HSMP Visa?

  1. Anyone currently in receipt of an HSMP approval letter may still apply for entry clearance from a British Diplomatic post abroad for up to 6 months from the date of the HSMP approval letter.

  2. Anyone whose leave is due to expire in the suspension period must still submit their HSMP extension application within their current period of leave, however their applications will not be considered until 5 December 2006 and they will be considered under the new rules (which may mean sitting an English test and submitting further documentation).

It is imperative that all individuals whose HSMP visas are due to expire within the next few months contact us immediately so that we can assess whether they are likely to qualify under the HSMP extension assessment criteria.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 09/11/2006.