On 29th February 2008 the UK Border
and Immigration Agency revised its rules for applicants
wishing to extend their leave under the current Highly
Skilled Migrant Programme or seeking to ‘switch’ into
the new ‘Tier 1’ General Highly Skilled Migrant
category from a different previous Leave.
Who’s Affected?
Three groups of people are currently affected by the
changes:
• Those seeking to extend their current Further
Leave to Remain under the Highly Skilled Migrant Programme
(HSMP Extension)
• Those seeking to ‘switch’ Category
into the new ‘Tier 1’ General Highly Skilled
Migrant category whilst in the UK
• Anyone applying
from India
For those who already legally resident in the UK, permission
to ‘switch’ into Tier 1 for is only possible
for:
•
HSMP visa holders
•
Innovators
•
People in the UK under the Fresh Talent: Working in Scotland
scheme
•
International Graduates Scheme and Science and Engineering
Graduates scheme participants
•
Postgraduate Doctors and Dentists
•
Students
•
Student Nurses
•
Students Re-sitting Examinations
•
Students Writing Thesis
•
Work Permit holders*
*Switching category from ‘Working Holiday Maker’ to
Tier 1 is no longer possible.
What’s the Difference between the new ‘Tier
1’ and the old HSMP?
There is little major difference to the scoring categories.
However, below is a summary of those changes:
1. Age thresholds have been changed and have essentially
become more favourable:
• 29 years of age and under:
20 points (Previously 27 or under)
• 30 or 31 years of age: 10 points (Previously 28 or 29)
• 32 or 33 years of age: 5 points (Previously 30 or 31)
2. Previous Earnings are assessed on any consecutive
12 month period within the previous 15 months prior to
the application for renewal, as was the case previously.
However, there is now an exception to this rule for those
applicants who missed work due to maternity or adoption-related
activities during this period.
As before, 5 extra points can be earned for UK work Experience.
However, the applicant is now only eligible for the points
if at least 16,000 £ GBP of income was earned in
the UK.
3. The English Language Requirement now carries a mandatory
award of 10 Points.. Previously, you either needed to
score at least 6.0 under the IELTS scheme, or provide
a letter from your university / college confirming that
your Bachelors Degree was taught in English. The language
requirements have now become more stringent.
The following
is a summary of what is now acceptable:
• Pass an acceptable English language test (e.g. IELTS)
with a score at least equivalent to C1 of the Council
of Europe's Common European Framework for Language Learning.
(In other words a IELTS pass mark of 6.5 or above is
now required)
• Be a citizen of one of the following
majority English-speaking countries: Antigua and Barbuda,
Australia,
The Bahamas, Barbados, Belize, Canada, Dominica, Grenada,
Guyana, Jamaica, New Zealand, St Kitts and Nevis, St
Lucia, St Vincent and The Grenadines, Trinidad and Tobago,
the USA.
OR
• The Applicant has obtained a professional qualification
which is considered at least equal to a UK Bachelor's,
Master's, or PhD in one of the following countries: Antigua
and Barbuda, Australia, The Bahamas, Barbados, Belize,
Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand,
St Kitts and Nevis, St Lucia, St Vincent and The Grenadines,
Trinidad and Tobago, UK, USA (Note omission of Canada
from this list).
NB: The English Language Requirement is completely waived
if the applicant has been previously been granted leave
under the old HSMP, and that Leave was granted after
the 5 December 2006 changes came into effect
Other Points to note:
-You must show that you have access to at least GBP £ 800
at the time of application AND that you have maintained
this for 3 months prior to applying for your Further
Leave to Remain.
-Renewals will be granted for 2 years (previously 3 years)
and first time applicants ‘switching’ categories
will now be awarded an initial 3 years (previously 2
years).
-Indian Nationals:
From 1st April 2008, applicants based in India, are now
required to apply as highly skilled migrants under the
new Tier 1 rules. Applications from 1st April 2008 are
now dealt with by the British Consulate and not by Work
Permits (UK), as was previously the case.
If the main applicant is outside the UK or has been present
in the UK for less than 12 months you must be able to
show that there is at least £1,600 to support each
dependent. If the main applicant has been present in
the UK for 12 months or more, there must be at least £533
available to support for each dependant.
The new arrangements will roll-out in rest of the world
at some point during summer 2008.
Summary
If you are applying from OUTSIDE THE UK and are not applying
from India, the old HSMP Rules will apply – the
fees and the form remain as they were pre 29th Feb 2008.
Additional information will be posted on this website
as and when we obtain it. Please also refer to our updated
Rate Card, reflecting the new changes to the HSMP.
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