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| Work Permit
THE HIGHLY SKILLED MIGRANT PROGRAMME (HSMP) |
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GUIDANCE TO APPLICANTS This leaflet explains the scheme for highly skilled individuals wishing to come or remain in the United Kingdom to seek and take work. The Programme has been revised in light of experience gained since its launch on 28 January 2002. Applications under this revised Programme will be accepted from 28 January 2003 (for applications made in the UK it will apply to those posted from 28 January onwards). Any applications made before then should be made on the application form for the original programme and will be considered under the pre-28 January 2003 HSMP scoring scheme. The programme is designed to allow individuals with exceptional personal skills and experience to come or remain in the United Kingdom to seek and take work. This leaflet should be seen as a guide and aims to give a potential applicant an idea of whether they can qualify and how the application process works. If you need more information about an immigration matter, please look at the Immigration and Nationality Directorate (IND) website www.ind.homeoffice.gov.uk or write to IND at the address provided at the back of this guidance. THE HIGHLY SKILLED MIGRANT PROGRAMME (HSMP) The UK government operates a programme to allow individuals to seek entry to work in the United Kingdom without having a prior offer of employment. The HSMP aims to provide an individual route for highly skilled persons who have the skills and experience required by the United Kingdom to compete in the global economy. Applications made under HSMP are applications for an immigration status and an adverse decision will be recorded and could be taken into account when considering any subsequent UK immigration application you may wish to make. Any individual can apply; depending on your circumstances where you may apply from will vary. Applications to enter are to be made to your nearest British Embassy or High Commission. If you are already resident in the United Kingdom you can apply directly to Work Permits (UK), part of the Home Office. Applications made in the UK will be scored against the HSMP criteria but whether leave to remain is granted will also be determined by your current immigration status. Further details are provided in the later section entitled “the application process” for those currently living in the United Kingdom. HOW YOU CAN QUALIFY UNDER THE PROGRAMME To make a successful application you will need to provide evidence that you score 75 points or more in the categories set out below and demonstrate that you will be able to continue your career in the United Kingdom. Please note that you do not have to score points in all categories to qualify under the programme, as long as you score at total of at least 75 points. If you are applying from outside the UK you will also need to submit a separate visa application form and if you applying from inside the UK you will need to submit a separate extension of stay application form - a FLR (O). In one of these documents you will need to show that you can support yourself and your family in the UK without using public funds during your stay. Please note that this is a requirement for both entry and extension of stay under HSMP. HOW YOUR APPLICATION WILL BE CONSIDERED A points based system of qualification is used to assess applications. You can score points in five areas. The HSMP application form allows you to self assess your score on this aspect of the application. A caseworker considering your application will only concur with your score where appropriate evidence has been supplied. SCORING AREAS 1. Educational qualifications This category provides for a maximum of 30 points for those holding a PhD, 25 for those with a Master's degree such as an MBA and 15 for those with a Graduate degree such as BA or BSc. Qualifications have to be to the recognised British standard of Bachelors, Masters or PhD to be awarded the respective points for each level of qualification. Vocational and professional qualifications can also score points in this area if satisfactory evidence can be produced to show the qualification is equivalent to an applicable level British qualification. This will be validated, where necessary, by reference to the National Academic Recognition Information Centre database. 2. Work Experience The points available in this category have been increased for applications posted from 28 January 2003 to reflect the desirability of previous graduate level experience and the objective nature of this category. You will score 25 points for at least five years' work experience in a graduate level job (or three years if you have a PhD). You will score 35 points for that level of work experience in a graduate level job if it includes at least two years' senior or specialist work experience. You will score 50 points if you have at least ten years' graduate level work experience including at least 5 years senior or specialist work experience. Graduate level work experience would normally be a role within a company or institution that would require you to have a minimum educational standard of a first-degree level qualification. You do not necessarily have to hold a degree but the post held would normally require one. Senior level work experience would normally be a role at board level in a small company, in a larger business it could amount to a department head or leader of project management team. Those working in academia may have run a department or headed a research team. We will usually consider those who run their own businesses that employ a number of staff as demonstrating senior level work experience. A specialist position is normally one that may not have any particular managerial role but requires a very high level of technical or artistic expertise. The type of evidence required to demonstrate work experience is:
Personal references will not be accepted as evidence. 3. Past Earnings. This category requires you to demonstrate a minimum earned income in your country of residence to score points. In order to reflect differences in income levels across the world the level required to qualify varies depending where you live. The country you are living in (or where your income is earned) is considered, not your nationality. For example a Chinese National residing and working in the United States of America would be required to demonstrate a minimum annual income level over the past twelve months of £40,000 in order to score 25 points, whilst a Canadian National working in South Africa would be required to demonstrate an minimum annual income level over the past twelve months of £12,500 to score 25 points It is important to note that not all income will be considered. Unearned income such as dividends from investments (unless it is in a company in which you are active in day to day management), property rental income, and interest on savings or funds received through an inheritance are not used when calculating your income. The income levels you are required to demonstrate are as follows: Minimum Income Level Code Some principal countries requiring this income level. £40,000 per annum £100,000 per annum £250,000 per annum A Germany, France, Sweden, Ireland, USA, Canada, Australia, Bermuda, Japan, Singapore £17,500 per annum £43,750 per annum £109,375 per annum B Portugal, Spain, New Zealand, Poland, Hungary, Argentina, Mexico, Czech Republic, South Korea, Saudi Arabia £12,500 per annum £31,250 per annum £78,125 per annum C Jamaica, Russia, Iran, Bulgaria, Romania, Peru, Egypt, Turkey, South Africa, China £7,500 per annum £18,750 per annum £46,875 per annum D India, Pakistan, Sri Lanka, Ukraine, Zimbabwe, Kenya, Bangladesh, Vietnam, Cameroon, Guyana £3,500 per annum £8,750 per annum £21,875 per annum E Nigeria, Cambodia, Nepal, Uganda, Tanzania, Ethiopia, Eritrea, Somalia Three important changes have been made to the past earnings category as of 28 January 2003. Firstly an additional country code has been created (Category E) for those living, or earning their income in the lowest income countries. Secondly the countries falling into each of the five categories have been reassessed on the basis of recent data on national income levels. Thirdly new salary thresholds have been established for all but the highest income countries (all except Category A). The thresholds will still require applicants to be very high earners relative to the average wage in the applicable country to score points in this category. This is consistent with the programme's focus on sought-after, highly skilled individuals. Nonetheless the changes are aimed at making this category more accessible for those earning their income in poorer countries. A full list of countries can be found in Annex A: Income Categories If you have lived in more than one country during the past twelve months we will normally assess your income against the country where you have spent the longest period, on a pro-rata basis. In addition, if you have been seconded overseas and your salary continues to be paid elsewhere, the country where you receive your salary would normally be considered. For example if you have spent eight of the last twelve months in the United Kingdom and four in Nigeria, we will take your earned income in the United Kingdom divide it by eight and multiply it by twelve to give an annual income figure. You will then be allocated points appropriate to that figure. 4. Achievement in your chosen field In order to score in this category you will need to produce a body of evidence showing how your work has been acknowledged by your peers and contributed significantly to the development of your field. This could be through an acknowledged breakthrough in your field of expertise with a piece of original published research, a recognised artistic achievement, a lifetime achievement award from an industry body, or an invention which is likely to or has provided commercially successful. Two score levels can be obtained. Those with an exceptional achievement in their chosen field will be at the top of their profession, be recognised beyond their field of expertise and have obtained international recognition. Very few people will meet these criteria. Those who can show significant achievement may not be known outside their field of expertise, or not yet be recognised on an international basis but have developed a body of work that is acknowledged by their peers as contributing significantly to the development of your area of work. More details of the levels of achievement required to score points in this category are set out in Annex B: Achievement in your chosen field Less weight has been given to this category in the revised HSMP. The maximum score for significant achievement is now 15 and for exceptional achievement 25. However the total number of points available under HSMP remains the same, as more points are now available for work experience (see section 2 above). 5. HSMP Priority Applications for General Practitioners This area provides a mechanism for the UK government to encourage people with a particular skill or profession to move to work in the United Kingdom. The decision to provide an avenue for General Practitioners in this area has been agreed with the Department of Health. For further information on how to obtain the evidence required to qualify in this criterion please see section one of the “GP Registrar Scheme: Vocational Training for General Medical Practice: The UK guide” which can be found at www.doh.gov.uk/medicaltrainingintheuk/gptraining.htm -------------------------------------------------------------- In addition to scoring at least 75 points in the above areas you will also need to demonstrate: 1. Your ability to continue to work in your chosen field in the United Kingdom. 2. That you have enough savings and/or potential income to be able to support yourself and your family. You will not be allowed any use of UK public funds (for example income support) whilst in the United Kingdom with permission to stay under the programme. 3. That you are willing and able to make the United Kingdom your main home. We will ask you to provide a written undertaking to that effect. You will be expected to make the UK your country of habitual residence. Secondments abroad that are an integral part of a job based in the UK are permitted by HSMP, however they will be considered as time outside of the UK for settlement eligibility purposes. To qualify for settlement in the UK you must have spent a continuous period of four years in the UK except for short holidays or business trips. Any secondment that requires you to be outside the UK for a continuous period of over three months will make your previous stay in the UK ineligible as a continuous period in the UK. If you are applying from abroad, in order to consider your application we will require the HSMP form to be completed in addition to the IM2A entry clearance form. If you are applying from the UK we will require the HSMP form to be completed in addition to the extension of stay (FLR(O)) application form. It will be important that you provide full documentary evidence to back up statements made on the form if you wish us to count the points claimed. Without satisfactory evidence to support at least 75 of the points you are claiming for, your application will be refused. ALTERNATIVE ROUTES OF ENTRY TO THE UNITED KINGDOM The Highly Skilled Migrant Programme is only one of a variety of legal routes open to individuals wishing to move to the United Kingdom. You will be best placed to judge if this route is for you, but the programme is designed for those who wish to seek work or self-employment in the UK on an individual, flexible basis, and who are at the top of their chosen profession. Those specifically wanting to establish a business may wish to look to entry as an Innovator or under the business rules. Writers, composers and artists may also enter under the immigration category specific to them. If an UK employer wants to employ you for a specific post, your prospective employer may wish to seek a work permit for you. This must be obtained before you travel to the United Kingdom to take up that post. Those who wish to make the UK their main home but not to work, and who have significant capital, should consider the Investor or retired person of independent means categories of the Immigration rules. Further information about these routes of entry to the UK can be found on the IND website at www.ind.homeoffice.gov.uk. APPLICATION PROCESS FOR THOSE CURRENTLY LIVING OUTSIDE THE UK If you are currently outside the United Kingdom your completed HSMP application form must be sent direct to the Home Office in the UK. The Home Office HSMP team will consider your HSMP application and notify you of the decision. If successful, you can then apply for entry clearance to come to the UK on the basis of the HSMP approval. The entry clearance application should be submitted to the British Embassy, High Commission or Consulate in the country where you are currently resident. You will not normally be allowed to submit an application in a country where you are based as a visitor or other temporary basis. Where there is no UK mission in your country of residence or where the nearest mission does not issue entry clearances, another mission will have been designated to handle applications. If you are not sure where to apply, any UK mission will be able to advise you. WHAT YOU WILL NEED TO DO TO MAKE A HSMP APPLICATION OUTSIDE THE UK You must submit directly to the HSMP team the following:
If you fail to supply any of the above the HSMP team will have the right to automatically refuse your application. N.B. You should be aware that the HSMP team will return all documents filed in support of the application with the outcome of the application by standard first class post. The Home office cannot accept liability for damage to or loss of any documents in transit to or from Work Permits (UK). Should you wish to have your documents returned to you by courier you should make arrangements for this yourself prior to lodging your application and supply details of the courier arrangements together with your own e-mail or telephone contact details to the HSMP team with your application. Applications and all supporting evidence should be sent directly to the HSMP team at:
If you receive notification from the HSMP Team that you are successful and you wish to apply for entry clearance you must supply the entry clearance officer with:
APPLICATION PROCESS FOR THOSE LIVING IN THE UK If you are currently resident in the United Kingdom in a category leading to settlement, (such as a work permit holder or business person) or have leave as a student and have successfully completed a recognised degree course at a UK higher education institution, or have undertaken postgraduate training as a Doctor, Dentist or trainee General Practitioner in the National Health Service, you may make an application directly to the Home Office in the UK. The exception to this would be if an overseas government was sponsoring your stay in the UK and you did not have their written consent to extend your stay in the UK. Those in the UK who do not fall into one of the categories set out above, such as visitors, should return overseas and make an entry clearance application. WHAT YOU WILL NEED TO MAKE AN APPLICATION IF IN THE UK You must submit directly to the HSMP team the following:
Failure to supply any of these will result in the application automatically being refused. You should also supply any original documentation required by the FLR(O) or HSMP application form to support statements made on them. You should send these directly to the HSMP team at:
Any leave application made directly to HSMP team by an individual who does not have leave in a capacity from which in country applications are accepted will be refused. THE KIND OF EVIDENCE AND DOCUMENTATION NEEDED WITH YOUR APPLICATION The amount and type of evidence required to support your application will depend on your previous experience and your future plans. The evidence you submit should support any statements you make. For example if you say that you have a degree you will need to provide your degree certificate. You should submit original documentation as evidence (with certified translations if necessary). It should be from a clear source and relevant to your application. (Please be selective, as submitting a large amount of irrelevant or poor quality documentation may extend the consideration of your application). Some examples of appropriate evidence for demonstrating that you meet the five criteria are listed below. The HSMP application form will help guide you as to the minimum level of documentation and evidence required:
Suitable evidence for demonstrating you will be able to continue your work successfully in the United Kingdom could include:
Suitable evidence for demonstrating that you will be able to support yourself and your family could include:
The HSMP application form asks you a number of questions about your plans in the United Kingdom. You will need to submit the type of evidence suggested above to support your replies to those questions. WHEN DOES THE REVISED PROGRAMME START AND HOW LONG WILL IT OPERATE FOR? The revised programme takes effect from 28 January 2003. Postal applications posted on or after that date will be considered according to the revised scoring criteria. Applications posted before that date will be considered according to the original scoring criteria. The HSMP has been extended indefinitely, although the Home Office may decide it is appropriate to make further changes to HSMP in the future. HOW THE APPLICATION IS CONSIDERED AND HOW LONG IT WILL TAKE? Your application will be referred to a dedicated team in Work Permits (UK) that is based in Sheffield, England. The team is committed to reaching a decision on 90% of fully completed applications within one week of receiving them, although this may take longer if further enquires need to be made. You should also allow sufficient time for the application to reach Sheffield from the overseas post if applicable. The entry clearance officer at the UK mission overseas will be able to tell you how long the transit time to the HSMP team will be. In most instances WP(UK) will e-mail the outcome to the overseas mission so the delay should be minimised. An application for entry clearance can then be made. Please note carefully that any decision to approve an HSMP application does not in itself guarantee that an entry clearance will also be approved as these decisions remain entirely separate. The WPUK website www.workpermits.gov.uk will publish the average turnaround times on HSMP applications on a monthly basis. EXTENSION OF STAY IN THE UNITED KINGDOM If your application is successful you will be given permission to enter or remain in the United Kingdom for a period of twelve months. In the last month before the end of that period you will be able to apply forfurther permission to stay as a Highly Skilled Migrant. You should apply directly to the HSMP team in Work Permits UK using the form FLR(O) available from the IND website. On this you will need to declare that you and your family have not had access to public funds and have not received a prison sentence. In addition you will be asked to provide evidence of your economic activity during your period of stay in the UK and evidence of your personal earnings during the period, if you are employed. If you are self-employed you will need to supply evidence of the progress of the business. This should include a business plan and evidence that you have established a business bank account. If you have been active in employment and self-employment then you should submit evidence of both. You will normally be given permission to remain for a further 3 year period. Further details on the application process for an extension of stay after 1 year will be provided to successful applicants. If you have been granted permission to stay in the United Kingdom as a Highly Skilled Migrant for four years and wish to remain in the United Kingdom on a permanent basis you can apply at the end of the four year period for permanent residence. This is otherwise known as indefinite leave or settlement. In addition those applicants who have been approved under HSMP and are applying for permanent residence as a highly skilled migrant will be able to amalgamate leave to remain under HSMP with previous leave from other categories that lead to settlement. For example if you had previously stayed in the UK with 2 years leave for work permit employment and then switched to the HSMP you would be eligible to apply for settlement after a further 2 years in the UK as a highly skilled migrant. Further information on whether an immigration route leads to settlement can be found on the IND website at www.ind.homeoffice.gov.uk. If you meet the requirements for settlement your spouse and children under the age of 18 will also be able to obtain permanent residence with you. FAMILY MEMBERS' APPLICATION PROCESS Your spouse and dependant children under the age of 18 may apply to accompany you or to join you in the UK. They will also need to seek entry clearance for this purpose before travelling to the United Kingdom. If entry clearance is approved your spouse and dependant children will be granted leave to enter on the same conditions of stay as yourself. They will be able to work if they wish. All dependants of in country applicants should be listed on the FLR (O) form. Please note that spouses and dependant children continued stay in the United Kingdom is conditional on them remaining in the United Kingdom as your dependants. |
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