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?
The ONLY group of people currently affected by the changes
are:
• 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.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, the old HSMP scheme
will end for applicants based in India, who
will
then be
required to apply as a highly skilled migrant
under the new
Tier 1 rules. Applications from 1st April
2008 will be 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 rest of the world will follow suit
in summer 2008.
Summary
If you are applying from OUTSIDE THE UK,
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.
In the meantime,
if you
have any questions, please feel free to
contact one of our
consultants via the <contact us> section
of our website.
Our Thoughts:
Victoria and I have carefully studied these
new guidelines. Reading between the lines,
we expect
that very few
people from the developing world, will,
in reality, be able
to afford the maintenance requirements.
As such, the majority of applicants from
countries
such
as India,
Pakistan, Nigeria etc, and above all, those
with families, will not qualify for Tier
1.
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