Today, Liam Byrne, Minister for Immigration, Nationality and Citizenship stated that there would be changes to the Rules for the Highly Skilled Migrant Program (HSMP).
Individuals applying under the HSMP will be evaluated based on a new points criteria which is designed to more accurately indicate the chances of market success for applicants. The outcome will bring the HSMP in line with the government’s plan for migration including a new scheme set up by the IND Review in order to boost Britain’s economy by bringing the necessary skills here from other nations.
At the moment, the HSMP is the only points-based immigration path to the UK. The changes to the assessment criteria are a reflection of the UK’s aim to guarantee a transparent and objective decision making process. More importantly, the changes will help inform government decisions regarding the new 5 Tier Points Based System which will govern all migration paths to the UK for either study or work by April 2009.
New points criteria for initial HSMP applications
- Changes will be related to the different aspects for which points will be awarded. There will no longer be categories such as significant achievements, work experience, GP Priority Provision and skilled partners. Instead, the new categories will be previous earnings, academic qualifications, age, and extra points for any previous study or work undertaken in the UK. The provision allowing applicants with an MBA from approved institutions will remain. Moreover, a new compulsory English language proficiency requirement will be added (IELTS level 6 or equivalent) which all applicants will have to meet.
New Criteria for leave extension under HSMP
- A new points test will be introduced for applicants who wish to apply for an extension of an initial period of leave while holding an HSMP visa. This will involve changing the existing test which requires applicants to prove they have taken the necessary steps in order to be economically active to the new points based test which takes into consideration previous earnings, qualification, age and English language requirement.
- The new Leave to Remain assessment criteria will guarantee that applicants on the program who would like to have their stay extended have been playing a part in boosting the UK’s economy.
- There will also be transitional agreements for applicants whose leave to remain has expired under the new system and whose applications will be assessed based on the new criteria. An applicant who is contributing to the UK’s economy, by for example working in a skilled job, but does not satisfy the new requirements will be entitled to a ‘grace period’. During this time they will be entitled to change to a Work Permit (as long as they meet the criteria for a Work Permit. The Resident Labour Market Test will be waived if the applicant has been in post for a specific period).
New compulsory English requirement and document verification
- The new English language requirement will make sure applicants are well informed about the level of language proficiency that is required for the success of their application.
- The changes to the scheme shift the responsibility on applicants to submit the necessary documentation together with their application. Evidence provided will then be verified with a third party rather than via direct contact with applicants. Applicants who do not provide the necessary information or who submit documents that cannot be confirmed will not succeed.
Contact Mulberry Finch to get help on how to better understand these changes and how they could affect your initial application or extension application.
