Good News for Highly Skilled Migrants

The High court has decided in favour of those highly skilled migrants who entered the UK before 07th of Nov. 2006 and were affected by the sudden changes in the rules thus leaving most of them in a distressful life. The changes in the HSMP rules casued serious disruption of life for those who did not qualify under the new rules. Some of them overstayed and some of them returned back to the countries of their origin.
This is a very good news for all of them who would now be given an opportunity to apply for extension of their Highly skilled migrant status in accordance with the rules exisiting on 06th of Nov. 2006.
There are some reports that the home office has decided not to lodge an appeal against that decision and is currently seeking ways to implement that judgment of the high court.
Please keep checking this website for further updates.

The Home office has brought radical changes to the highly skilled Migrant program by introducing newly revised point system and deleting some of the major points claiming sections. These changes have come as a surprise from the Home office as no warning / notice has been given to the applicants and other stakeholders. The new regulations affect both the fresh applicants and those who are already on HSMP visa in the UK. Now those persons who wish to get extension of visas in line with their approved Highly skilled migrant status have to "re qualify" by scoring at least 75 points from the scoring sections provided in the new Highly skilled migrant program. In addition to that English language has been made obligatory for all those who intend to make fresh applications and for those who wish to extend their visas. This may mean that a person who has qualified under the previous point system may not be able to qualify under the new points system and fulfil the tough English language requirement.

Following is the brief summary of the changes that have been made effective from 08th of Nov. 2006:

1. General Changes

• The Home office has announced one criteria for all thus making the two categories of applicants (under 28 years of age and over 28 years of age) a thing of past.
• The threshold points have been raised from 65 to 75 with immediate effect.
• Ability to communicate effectively in English language has been made a compulsory requirement for all fresh applicants and even those who wish to extend their visas in line with their already approved highly skilled migrant status. The evidence required for the purpose is either an IELTS certificate with at least 6.0 score or a UK level Bachelors degree taught in English language.
• The following sections of the previous HSMP has been taken off from the HSMP: Work Experience, Significant Achievement, General Practitioner Priority applications, Skilled Partners.
• Following is the new criteria against which new HSMP applications would be considered: MBA from one of the 50 Universities enlisted, Education, Past Earnings, Working / Studying in the UK and age.
• The list of immigration categories has also been revised who are permitted to switch to HSMP and now Doctors who are on PLAB visa are not permitted to switch to HSMP while remaining in the UK.
• The Home office has suspended the HSMP regulations till 05th of December 2006 and they would not be taking any fresh applications for HSMP.

2. Changes for Initial Applications

Following is the details of the new criteria:

• Educational qualification:

  PHD: 50 points
  Masters Degree: 35 points
  Bachelors Degree: 30 points

• Past earnings:

  There are similar past earnings bands as were available in the previous HSMP but figures and the corresponding points have been changed considerably. One can claim from 5 to maximum 45 points in past earnings. The important thing is that the applicants can now use earnings from the 12 out of the last 15 months from the date of their application for HSMP while under the previous program the applicant could only make us of his earnings earned in the last 12 months.

• UK experience:

  Maximum 5 points can be claimed if an applicant has claimed points under the past earnings category on the basis of the earnings earned in the UK or has studied for at least one full academic year at a Bachelors degree level or higher in full time higher education in the UK or at a UK-based overseas educational institution, for at least one full academic year.

• Age:

  The maximum one can get is 20 points for being under 27 or 27 years of age while the minimum is 0 for being 32 or over. The applicants of age 28-29 can get 10 points while applicants of age 30-31 can only get 5 points.

• MBA Provision:

  The applicant can still score the minimum qualifying points i.e. 75 points for completing MBA from one of the Universities enlisted in the list provided by the Home office.

• English Language:

  In order to fulfil this requirement the applicant has got two options: Either to do IELTS with a score band of 6.0 or provide evidence that he has completed his UK level degree that was taught in English language. The IELTS should not be more than two years old while there is no time limitation for the UK level degree being taught in English language.

The applicants who scored 15 points for their UK equivalent education can now claim 30 points under the new points system. And those who could have scored maximum points in the work experience section have no standing under the new points system unless they can score in the other points earning categories.

Only One Review

The Home office has also reduced the number of reviews that an applicant can lodge on the refusal of his Highly Skilled Migrant application from two to only one.

3. Changes for Extension Applications

Those persons who wish to apply for further leave to remain in line with their approved status now need to "re-qualify" to be eligible for extension of visas by claiming 75 points. And this applies to ALL persons including those who recently entered the UK under the HSMP and have not yet applied for the extension of their visas in line with their already approved highly skilled migrant status.

The criteria for extension applications is as under

• Educational qualification:

  PHD: 50 points
  Masters Degree: 35 points
  Bachelors Degree: 30 points

  Please note that if an applicant has already claimed points under this section in his initial application, that points would be carried over in the extension application accordingly.

• Past earnings:

  Two different tables have been provided for those who were given leave to enter / remain for 12 months and for those who were given leave to enter / remain for more than 12 months. One can claim from 5 to maximum 45 points in the past earnings section as compared to fixed points scale provided under the previous HSMP. One more thing that has been added to it that the applicants can now use their earnings earned in the UK and even those earnings that are earned from overseas.

• UK experience:

  Maximum 5 points can be claimed if an applicant who has been given more than 12 months leave to enter / remain as Highly skilled migrant, has earned £16,000 of the previous earnings in the UK or for an applicant being given 12 months leave to enter / remain as Highly skilled migrant, has earned £10,650 of the previous earnings in the UK.

• Age:

  The maximum one can get is 20 points for being 29 years of age and less than 29 years while the minimum is 0 for being over 33 years of age. The applicants of age 30-31 can get 10 points while applicants of age 32-33 can only get 5 points. This is the age of the applicant at the time of making extension of visa in line with the approved Highly skilled migrant status.

• English Language:

  In order to fulfil this requirement the applicant has got two options: Either to do IELTS with a score band of 6.0 or provide evidence that he has completed his UK level degree that was taught in English language. The IELTS in this case can be accepted which is more than two years old.

• MBA / G.P. Applicants seeking to extend their visas:

  Those people who have been given Highly skilled migrant status on the basis of their MBA from an enlisted University, are now required to qualify under the above mentioned criteria as all other Highly skilled migrants are requried to do. They are now no more in an advantaged position as compared to other applicants, when they are required to make an extension of their visa applications in line with their approved highly skilled migrant status.

This new point system could have a very negative impact on those who have moved with their families to the UK after getting the highly skilled status and possibly sold their assets and houses in their home countries in pursuit of living a new life in the UK. They have already spent some time in this country and have made the UK their main home in accordance with the requirements of the immigration rules. It would therefore be unfair for these highly skilled immigrants who could not qualify for HSMP under the new regulations, and would be as a result required to leave the country. Although there is a provision for those people that they would be given grace period to switch to work permit but still, most of them would not probably be able to switch within the grace period.

The phrase "highly skilled immigrant" was defined under the previous rules and now a totally different definition has been given to the phrase that might make a once recognized highly skilled immigrant an unwanted person in the UK. The newly "highly skilled immigrants" who come to the UK on the basis of new points system, should therefore be ready for another definition of highly skilled immigrant provided by the Home office in next couple of years or so, You never know!!!