HSMP allows a successful applicant to come to the UK and then look for work in your chosen field rather than needing an offer of employment before arrival, or a sponsor. You can attend interviews safe in the knowledge that you already have the right to work in the UK. You can work for any employer.
Similarly, your prospective employer will be able to consider your application, safe in the knowledge that they will not need to sponsor you for a work permit in order to employee you, giving you a distinct advantage over other applicants.
A UK work permit application cannot be submitted until the prospective employer has completed a resident labour market test. This essentially means that the employer will need to advertise the role and consider any applicants from within the EU, before being allowed to consider an applicant from outside the EU. A work permit will only be issued if there are no sultable applicants from within the EU.
Generally, before a work permit application can be submitted, the position in question must be advertised appropriately and if a suitable resident worker applies, the position must be offered to that person. A work permit application can be made only if no resident worker as suited to the position as the foreign national in question is identified.
Work permits are notoriously restrictive, allowing the individual to be employed in one position only and any intended change requires application and approval.
With a HSMP permit you are not tied to an employer. You are free to change jobs whenever you want. The HSMP visa is issued to you directly. This is in direct contrast to a UK Work Permit, which is issued in both your name and a company's name, meaning that you are tied to a company. A HSMP permit, on the other hand, allows you to work for any company you like, and move from one employer to another without seeking further permission from the UK Border Agency.
These advantages make the HSMP visa superior to a Business and Commercial Work Permit.
It is also different from the existing business visas in that it does not require a detailed business plan, the creation of jobs, or investment in the UK.
Allowed time in the UK
The HSMP entitles you to enter the UK to seek work or self-employment for an initial period of two years.
Applicants who are in the UK on another type of visa can usually switch from their existing visa to HSMP, by making an application for further leave to remain (FLR). Applicants who are not allowed to switch due to the switching rules for HSMP need to leave the UK, and make an application for entry clearance as a HSMP holder, after the HSMP permit has been issued.
Before the visa for the initial period of two years expires, you may choose to apply for further leave to remain in the UK. However, you must remain economically active. If granted, permission to remain is for a further period of three years.
If you are granted permission by the Home Office to stay in the UK under the HSMP for the entire five years and then at the end of that period you decide that you wish remain in the UK, you can apply for Indefinite Leave to Remain (ILR), also known as permanent residency or settlement, as any time spent in the UK under HSMP counts towards such an application. Periods spent in other categories prior to your HSMP that lead to permanent residence will also count towards the five years, meaning that you may be able to apply for ILR early.
One year after obtaining settlement in the UK, you can apply for naturalisation/citizenship, giving you the right to acquire a British passport.
Family or dependants
Under the HSMP, you can apply for your spouse/unmarried partner and dependents aged under 18 to come with you to the UK, provided that you can support them without recourse to public funds. They must obtain entry clearance before they can enter the UK on the same conditions of stay as yourself. You will need to show that you can support them in the UK. They will also be able to undertake employment or engage in self-employment or business. They will also have access to free education and free healthcare.
Spouses/unmarried partners and dependants can only stay in the UK on the condition that they remain your dependants.
