Highly Skilled Migrant Programme
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The Highly Skilled Migrant Programme (HSMP) is a scheme, currently being phased out, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It is different from the standard UK work permit scheme in that applicants do not need a specific job offer in the UK.[1]
The scheme was significantly changed on 7 November 2006 (with changes taking effect from 8 November 2006), with a points-based assessment for new applicants and those wishing to extend their stay being introduced. This has prompted protests, with many HSMP visa holders fearing that the changes will force them out of the UK,[2] and the joint House of Commons and House of Lords Human Rights Committee arguing that the retroactive changes breach human rights legislation.[3] The application of these HSMP changes to those already in the UK as HSMP holders have since been ruled as unlawful in a judicial review. [4]
The HSMP is being phased out over the course of 2008. At present, only people outside of the UK can make initial HSMP applications, except those in India. Highly skilled migrants already in the UK and those in India who want to apply now come under Tier 1 of the new points-based UK immigration system [5]. The HSMP will be phased out for all other countries during 2008 in favour of the new immigration system [6].
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[edit] Current HSMP system
The HSMP system is a points-based immigration scheme, requiring a minimum of 75 points to qualify. As of 8 November 2006 the criteria below apply:
[edit] English language (mandatory)
This is a fundamental difference with the new system. The applicant must evidence their English language ability by one of the following:
- International English Language Testing System (IELTS) Certificate to at least Level 6, issued within the last 2 years.
- UK equivalent Bachelor's degree that was taught in the English language.
- English Language Certificate considered equivalent to IELTS Level 6 such as TOEFL.
If an applicant cannot provide evidence that their English language ability then they are unlikely to be able to make application. Also note that degrees equivalent to a UK academic level higher than Bachelors, (such as Masters or PhDs) and professional/vocational qualifications will not qualify for the English language requirement.
[edit] Education qualifications (50)
Qualifications have to be equivalent to a Bachelor's, Master's or PhD to be awarded the respective points towards for each level of qualification. Some professional qualifications or memberships can be considered equivalent. Equivalency is usually evidenced by an Equivalency Certificate from UK Naric.
- Bachelors degree (e.g. BA, BSc, ACCA) - 30 points
- Masters degree (e.g. MA, MSc, MBA, ACCA, ACA etc.) - 35 points
- Doctoral degree (PhD) - 50 points
Note: ACCA Parts 1 and 2 will be considered equivalent to a UK Bachelors Degree. Full ACCA (Parts 1, 2 and 3) will be considered equivalent to a UK Master's degree.
Persons with an MBA from one of the top schools on a list of approved MBA schools or from a UK university may qualify for an automatic 75 points. Those applying under the MBA provision still have to evidence their English language ability, even if their qualification was obtained at a UK, US or similar educational establishment. Eligible MBA schools are as following:
| Country | School |
|---|---|
| Australia | Australian Graduate School of Management, Melbourne Business School |
| Canada | University of Toronto: Rothman, University of Western Ontario: Ivey |
| China | China Europe International Business School |
| France | Insead |
| Germany | Bradford School of Management/Nimbas |
| Ireland | University College Dublin |
| Italy | SDA Bocconi |
| Netherlands | Bradford School of Management/Nimbas, Rotterdam School of Management, Universiteit Nyenrode |
| Switzerland | IMD |
| Singapore | Insead |
| Spain | Iese Business School, Instituto de Empresa |
| UK | Ashridge, Bradford School of Management/Nimbas, City University: Cass, Cranfield School of Management, London Business School, Manchester Business School, University of Cambridge: Judge, University of Oxford: Said, University of Strathclyde, Warwick Business School |
| USA | Babson College: Olin, Boston University School of Management, Carnegie Mellon University, Columbia Business School, Cornell University: Johnson, Dartmouth College: Tuck, Duke University: Fuqua, Emory University: Goizueta, Gerorgetown University: McDonough, Harvard Business School, MIT: Sloan, New York University: Stern, Northwestern: Kellogg, Rice University: Jones, Stanford University, UC Berkeley: Haas, UCLA: Anderson, University of Chicago, University of Maryland: Smith, University of Michigan, University of North Carolina: Keenan-Flagler, University of Pennsylvania: Wharton, University of Rochester: Simon, University of Southern California: Marshall, University of Virginia: Darden, Vanderbilt University: Owen, Yale’s School of Management |
[edit] Past earnings (45)
| Points | A | B | C | D | E |
|---|---|---|---|---|---|
| 5 | £16,000+ | £7,000+ | £5,000+ | £3,000+ | £1,400+ |
| 10 | £18,000+ | £8,000+ | £5,600+ | £3,400+ | £1,600+ |
| 15 | £20,000+ | £9,000+ | £6,300+ | £3,800+ | £1,800+ |
| 20 | £23,000+ | £10,000+ | £7,200+ | £4,300+ | £2,000+ |
| 25 | £26,000+ | £11,500+ | £8,100+ | £4,900+ | £2,300+ |
| 30 | £29,000+ | £12,500+ | £9,100+ | £5,500+ | £2,550+ |
| 35 | £32,000+ | £14,000+ | £10,000+ | £6,000+ | £2,800+ |
| 40 | £35,000+ | £15,313+ | £11,000+ | £6,600+ | £3,100+ |
| 45 | £40,000+ | £17,500+ | £12,500+ | £7,500+ | £3,500+ |
Points are awarded for earned income in country of residence over a 12 month period within the 15 months prior to the application being submitted. Because the earnings are used as an indication of the value of the applicant's work experience and qualification, countries are divided into five groups, named A, B, C, D and E, to allow different standards of living. As an example, to earn the maximum of 45 points someone working in one of the countries from group A, such as the United Kingdom, would need to earn in excess of £40,000, while someone working in a poorer country (group E) with relatively low wages only needs to earn £3,500 in that country.
Earnings are per annum pound sterling equivalent gross figures, meaning before tax has been deducted. Income considered can be from part-time work and must be income that is personal income (salary, bonus, etc - not share dividends except in very specific circumstances where the applicant is involved in the day to day management of the company from which he or she receives share dividends). The countries code table is as follows:
| Code | Country |
|---|---|
| A | Andorra, Aruba, Australia, Austria, Belgium, Bermuda, Canada, Cayman Islands, Channel Islands, Denmark, Finland, France, French Polynesia, Germany, Gibraltar, Guam, Hong Kong (Province of China), Iceland, Ireland, Italy, Japan, Kuwait, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Qatar, San Marino, Singapore, Sweden, Switzerland, United Arab Emirates, United Kingdom, United States of America, Vatican. |
| B | American Samoa, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Barbados, Botswana, Brunei Darussalam, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Estonia, Faroe Islands, Greece, Greenland, Grenada, Hungary, Israel, Korea (South), Latvia, Lebanon, Libya, Macao (Province of China), New Zealand, Trinidad and Tobago, Uruguay, Venezuela, Virgin Islands. |
| C | Albania, Algeria, Belarus, Belize, Bolivia, Bosnia & Herzegovina, Brazil, Bulgaria, Cape Verde, China (Peoples Republic of), Colombia, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Gabon, Guatemala, Honduras, Iran, Jamaica, Jordan, Kazakhstan, Lithuania, Macedonia, Maldives, Marshall Islands, Micronesia, Morocco, Namibia, Nauru, Paraguay, Peru, Philippines, Romania, Russian Federation, Samoa, South Africa, St Vincent & The Grenadines, Suriname, Swaziland, Syrian Arab Republic, Thailand, Tonga, Tunisia, Turkey, Turkmenistan, Vanuatu, West Bank and Gaza. |
| D | Angola, Armenia, Azerbaijan, Bangladesh, Benin, Bhutan, Cameroon, Comoros, Congo (Republic of), Cote d'Ivoire, Cuba, Djibouti, Equatorial Guinea, Gambia, Georgia, Guinea, Guyana, Haiti, India, Indonesia, Iraq, Kenya, Kiribati, Lesotho, Mauritania, Moldova, Mongolia, Montenegro, Myanmar, Nicaragua, Pakistan, Papua New Guinea, Senegal, Serbia, Solomon Islands, Sri Lanka, Sudan, Timor L’Este (East Timor), Ukraine, Uzbekistan, Vietnam, Yemen, Zambia, Zimbabwe. |
| E | Afghanistan, Burkina Faso, Burundi, Cambodia, Central African Republic, Congo (Democratic Republic of), Chad, Eritrea, Ethiopia, Ghana, Guinea-Bissau, Korea (North), Kygyz Republic, Lao, Liberia, Madagascar, Malawi, Mali, Mayotte, Mozambique, Nepal, Niger, Nigeria, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Tajikistan, Tanzania, Togo, Uganda. |
[edit] Age (20)
There are now a variety of points available for the applicants age at the time of application:
Age in years Points
- 27 or under - 20
- 28 or 29 - 10
- 30 or 31 - 5
- 32 and over - 0
If the applicants are about to reach their 28th birthday but still have not, they can claim 20 points if the application is received before their 28th birthday. The same is true for the other age categories.
[edit] UK experience (5)
These 5 points are available for UK work or education experience. This can be either through having gained a degree in the UK within the last 5 years or if you are claiming UK earnings points.
As with the previous system, applicants still need to prove that they have sufficient funds to maintain themselves in the UK and that they intend to make the UK their home.
Those that do not hold a qualification at least equivalent to a UK Bachelor's degree cannot qualify for either a new HSMP or an HSMP Extension based on the rules published on 7 November 2006.
[edit] References
- ^ How To Live Abroad (Legally) Without Going Broke, Frommers, 16 October 2007, accessed 9 January 2008
- ^ Skilled migrant workers protest, BBC News, 11 January 2007, accessed 26 August 2007
- ^ Tougher migrant rules 'illegal', BBC News, 8 August 2007, accessed 26 August 2007
- ^ HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department
- ^ UK Border Agency: Who Should Apply for Tier 1 Immigration
- ^ UK Border Agency: HSMP
