Immigration update: Changes to the Highly Skilled Migrant Programme

On 7 November 2006 sudden and significant changes to the Highly Skilled Migrant Programme (HSMP) were announced. The new rules apply to applications received by the Home Office after 5pm on 7 November 2006. Both initial HSMP applications and extension applications are affected. 

In summary, the following changes have been made to initial applications under the HSMP:

• Points will no longer be available for work experience, significant achievements, having a ‘skilled partner’ or the GP priority provision
• Points based on an applicant’s age have changed. Based on a sliding scale, points in this category are available to those aged 33 or under
• Bonus points are now available for previous work or study in the UK

• There is now a mandatory English language requirement for all applicants.

Perhaps the greatest changes relate to the extensions of stay. Previously, it was necessary to show merely that the applicant had taken reasonable steps to become lawfully economically active in the UK since arriving under the HSMP. Since 8 November 2006, extension applications are subject to a points test similar to that for initial applications. Extension applicants are also subject to the mandatory English language requirement.

The new rules also include new powers for refusing applications where supporting documents that are not genuine have been submitted.

Transitional arrangements will be introduced for those who have been working on a self-employed basis under the HSMP and who cannot now claim sufficient points to extend their stay. For HSMP employees who cannot claim enough points to extend their stay, the Home Office has also suggested that it will become easier to switch into work permit employment.

A suspension period has been imposed until 4 December 2006. Applicants are advised to wait until the end of the suspension period to submit their applications as the Home Office will give priority to applications received after that date.

The announcement by the Minister for Immigration, Citizenship and Nationality stated that "these changes are good for applicants because they will make the application process easier, clearer and more objective". This is not particularly comforting to those who will no longer be able to claim enough points to remain in the UK as Highly Skilled Migrants. However, other immigration routes may be available.

For more more information, advice on the new HSMP rules, or on possible alternative immigration categories permitting work in the UK please contact Anne-Marie Balfour annemarie.balfour@speechlys.com