In order to apply for a HSMP visa we will apply to have the Home Office evaluate an applicant against the criteria covered in our qualifying section.
Urgent treatment
It is possible to make a request for your application to be considered on an urgent basis in the following circumstances:
- You have urgent travel commitments
- You require urgent medical treatment
- You have received an offer of employment
- You have other exceptional circumstances
In such circumstances we will complete an HSMP Urgent Treatment application on your behalf. Please let us know as soon as possible if you feel your application is urgent.
In country
HSMP applicants that are applying from within the UK can only work while their HSMP application is being processed if their current visa allows them to work and is valid. Their HSMP application has no impact on their current visa.
Under Section 3 of the 1971 Act, your HSMP application is not treated as an in-time immigration application. This means that if you are making an HSMP application and your existing Leave to Remain is due to expire before a decision is likely to be made on your HSMP application, you should contact us with a view to treating your application as urgent.
Failing that, we will submit the application for Leave to Remain under your current permit to extend your leave in the UK before your leave expires, after submission of your HSMP application but prior to approval.
An application for Leave to Remain under HSMP is treated as an in-time immigration application and would normally be submitted after your HSMP application has been approved.
Switching into HSMP in country
If a HSMP application is made while the applicant is in the UK, the applicant may be able to switch from their existing visa to HSMP on approval. In-country switching is allowed for those already in the UK in categories leading to permanent residence. In this scenario, an applicant applies for Further Leave to Remain (FLR) for the initial period of two (2) years.
Applicants who are already explicitly permitted to switch into work permit employment are also allowed to switch to HSMP on approval provided that they are currently lawfully in the UK and they do not have an appeal outstanding.
As an example, this will allow graduating students and doctors to apply for the HSMP.
Switching is therefore possible if you are:
- a work permit holder (excluding TWES and SBS)
- a student who has successfully completed a recognised degree course at a UK Higher Education Institution
- a student who has undertaken postgraduate training as a Doctor, Dentist or trainee General Practitioner in the National Health Service
- Science and Engineering Graduates Scheme (SEGS) participants
- Innovators
- An applicant doctor/dentist taking the PLAB Test, a clinical attachment or a dental observer post
- A working holidaymaker (with a shortage skill occupation)
If an overseas government has been sponsoring your stay in the UK then you must have their written consent in order to apply to extend your stay.
If an applicant in the UK cannot switch visa categories, then you will need to leave the UK on HSMP approval to allow us to apply for entry clearance as a HSMP applicant with the British Embassy, the High Commission or with the Consulate in your home country before you re-enter the UK. You are effectively an out-country applicant.
On approval
If your application is successful you will receive an HSMP approval letter. As of April 2006 HSMP visas are being granted for an initial period of two (2) years. At this point one must apply for either entry clearance or leave to remain, depending on whether the application is an out-country or in-country application respectively.
A successful HSMP application does not automatically guarantee approval of your entry clearance or your leave to remain application.
In country - further leave to remain
In country applicants, that is, those that are applying from within the UK with an immigration status that allows switching can apply for leave to remain to extend their stay on the basis of their HSMP approval.
Once the leave to remain application is approved the Home Office sends an approval letter and also endorses the applicant's passport for the initial period of two (2) years.
Out of country - entry clearance
Out of country applicants, that is, those that are applying from outside of the UK, or those applying from within the UK with an immigration status that does not allow switching can apply for entry clearance on the basis of their HSMP approval. This involves the stamping of your passport for an initial period of two (2) years.
Applications must be made before entry into the UK at the nearest British Embassy, High Commission, or Consulate in either your country of origin or your country of residence at the time your HSMP application was initially submitted. You should not rely on being allowed to submit an application for entry clearance in a country you are based with temporary status such as a visitor visa.
Application for entry clearance should be made within 3 months from the date of your approval letter. You must then enter the UK within 3 months of a successful application for entry clearance.
In all cases we will consult the local British Embassy before submitting your entry clearance application in order to determine the exact local procedure.
After initial period - extension
Once a Highly Skilled Migrant completes their initial two (2) year period (one (1) year for applicants granted their HSMP visa prior to April, 2006), they can apply for an extension of leave to remain. You will normally be given permission to remain for a further three (3) year period.
Ideally we will apply for an extension of stay two months prior to the end of the initial time period. Contact us prior to this time to progress your application.
We will assist you in demonstrating that during the initial time period you have:
- remained lawfully economically active in either employment, self-employment or in a combination of both, or taken all reasonable steps to become economically active
- not sought public funds to maintain and accommodate yourself or any dependants
- not received a prison sentence
After 5 years - settlement
Once a Highly Skilled Migrant completes a total of five (5) years in the United Kingdom (UK) as a highly skilled migrant and wishes to remain in the UK on a permanent basis they can instruct us to apply for indefinite leave to remain, also known as settlement or permanent residence, near the end of the five (5) year stay.
Settlement allows an individual to live indefinitely in the UK without conditions, and can lead to naturalisation/citizenship.
Applicants will also 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 for two (2) years under work permit employment and then switched to the HSMP you would be eligible to apply for settlement after a further three (3) years in the UK as a highly skilled migrant.
Highly skilled migrants may also be eligible for settlement under long term residence. If a person remains legally in the UK continuously for a period of ten (10) years (fourteen (14) years in the UK are required if a stay includes illegal residence), they can apply for settlement in the UK. For example, if you had previously stayed in the UK for seven (7) years under a student visa and then switched to the HSMP you would be eligible to apply for settlement after a further three (3) years in the UK as a highly skilled migrant.
If you meet the requirements for settlement your spouse/unmarried partner and other dependents under the age of 18 will also be able to obtain settlement with you.
After 6 years - citizenship
Twelve (12) months after an individual has obtained indefinite leave to remain (ILR), also known as settlement or permanent residence, an applicant can instruct us to apply for naturalisation/citizenship.
Once an individual has been naturalised he or she acquires British nationality and can apply for a British passport. Dependants that obtained ILR with the applicant will also be eligible.
Switching out of HSMP
HSMP holders that qualify for the following categories can switch without leaving the UK:
- all Work Permit categories
- Business Person
- Innovator
- Investor
- Spouse visa, on the condition that the applicant has more than three (3) months leave to remain
Failed application review request
If you have used another company to prepare and submit your application, and your application is rejected, we will assist in preparing a request for review of your application free of charge. There are no catches.
Can my application be processed any faster than published estimates?
We may be able to make a request for your application to be processed urgently in the following circumstances:
- You have urgent travel commitments,
- you require urgent medical treatment,
- you have received an offer of employment, or
- you have other exceptional circumstances.
Contact Mulberry Finch if you believe you have a reason for urgent treatment.
Do the authorities accept copies of certificates and copies of other documentary evidence?
Any documentary evidence you provide must be original. Where a document is not in English the original must be accompanied by a certified translation by an officially recognised translator.
