Understand how the changes from HSMP to the new Points Based System will affect you. HSMP has changed. The following article describes the 2008 changes to HSMP. The April 2010 changes to Tier 1 General visas are covered seperately.
The Highly Skilled Migrant Programme (HSMP) was replaced in 2008 with the Tier 1 General visa. Tier 1 was initially introduced in 2002 to allow skilled migrants from all around the world to migrate to the UK. Under the scheme, applicants were assessed based on their age, work experience, earnings history, and educational qualifications. HSMP provided a path to Indefinite Leave to Remain, allowing applicants who complete five years on HSMP to apply for permanent residence.
The Tier 1 General visa scheme is based on the HSMP scheme. For most applicants, the visa changes will not alter their eligibility. The most obvious change is the withdrawal of the MBA provision under HSMP which allowed applicants who graduated from a list of the top 50 MBA schools around the world to qualify for HSMP automatically. English language requirements are also more stringent under the new HSMP replacement visa, along with maintenance requirements (savings/funds). Use our Tier 1 (General) visa points calculator to assess your chances of being granted a Tier 1 visa.
In the UK?
Switching is the Home Office word for "changing from one type of visa to another without having to leave the UK". Applicants already in the UK on Work Permits, SEGS, Fresh Talent Scotland, IGS, and UK Students used to be able to switch from their current visa to the UK Highly Skilled Migrant Programme (HSMP) before 29 February 2008. Since this date, applicants in the UK on one of the visas listed above may switch from their current visa to the PBS Tier 1 (General) Highly Skilled Visa, instead of HSMP.
Applicants already in the UK on Working Holiday Visas used to be able to switch from their current visa to HSMP before 29 February 2008. Since this date, applicants cannot switch from their current visa to HSMP anymore, nor may they switch into the Tier 1 (General) Highly Skilled Visa category.
Generally speaking, all others in the UK (such as visitors, HSMP dependants, or work permit dependants) cannot switch to HSMP or Tier 1 (General).
Everybody in the UK falls into one of the next three categories.
In the UK on a visa that allows switching?
For those in the UK on a visa that allows switching, the HSMP system was replaced with PBS Tier 1 (General) Highly Skilled Visas on 29 February 2008. Complete the UK Tier 1 (General) Highly Skilled Visa Calculator, and see if you qualify under the Tier 1 (General) Visa rules.
In the UK, but not on a visa that allows switching?
For those in the UK on a visa that does not allow switching, the HSMP system was replaced with Tier 1 (General) Highly Skilled Visas on 30 June 2008. Complete the Tier 1 (General) Points Calculator, and see if you qualify under the Tier 1 (General) Visa rules. (The HSMP system was replaced with Tier 1 (General) on 1 April 2008 for Indian nationals in the UK on a visa that does not allow switching.)
In the UK on a Working Holidaymaker visa?
For those on a Working Holiday visa, the HSMP system was replaced with Tier 1 (General) Highly Skilled Visas on 30 June 2008. (The HSMP system was replaced with Tier 1 (General) on 1 April 2008 for Indian nationals on a Working Holiday in the UK.)
Not in the UK?
The HSMP system was replaced with Tier 1 (General) Highly Skilled Visas on 30 June 2008 for those outside of the UK. (The HSMP system was replaced with Tier 1 (General) on 1 April 2008 for Indian nationals outside of the UK.) The Tier 1 (General) Visa Points Calculator will help you determine if you qualify under the Tier 1 (General) Visa rules.
On HSMP already?
The UK Highly Skilled Migrant Programme (HSMP) was replaced with PBS Tier 1 (General) Highly Skilled Visas on 29 February 2008 for extension purposes. Complete the UK Tier 1 (General) Highly Skilled Visa Calculator now and see if you qualify for extension under the Tier 1 (General) Visa rules.
Do I need a lawyer?
The UK authorities are very strict in enforcing the specific requirements for HSMP, and the new Tier 1 visa category. It is quite common for an applicant who believes they have put together a complete application to wait weeks for a decision only to find they have been rejected. Furthermore, the government fee also needs to be paid a second time, when applying after being rejected on a technicality, adding further costs in addition to the unnecessary delay of going through the application process twice.
Mulberry Finch's teams of lawyers are ready to assist you ensure your application is a success, first time. Professional results, sensible fees. Contact us now.
