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THE UK HIGHLY SKILLED MIGRANT PROGRAMME Information for Prospective Migrants

Last updated: November 2006

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REGISTERE I MMIGRATIO A D V I S E R

D N S

The UK Highly Skilled Migrant Programme


Overview On 28th January 2002, the UK Government launched the UKs first points based immigration scheme the Highly Skilled Migrant Programme, now commonly referred to as the HSMP. One year later, the HSMP scheme was extended, with accessibility to a wider range of candidates with high levels of work experience, earnings and academic achievement. In October 2003, the scheme was made wider still. The pass mark was reduced from 75 to 65 points, and special provisions were made for young high achievers. The Home Office announced on 7th November 2006 that the HSMP scheme was to be suspended and a new HSMP scheme introduced. All Assessments will now be made on a new criteria, which applies to all applicants. In order to be considered for the Scheme, an applicant must demonstrate that he/she is able to score at least 75 points under the 5 main scoring categories: Qualifications Previous earnings Prior UK experience as a student or employee Age Participation in an MBA scheme

Is this the scheme for you? The Scheme, as originally launched in 2002 targeted those considered within their respective industries to be at the top of their professions. Since the changes in October 2003 and subsequent changes in November 2006, the amended criteria, has made it accessible to most ambitious young graduates, and to older applicants with substantial earnings. HSMP applicants now come from a range of backgrounds. The majority are between the ages of 25 and 50 years old who are either high achievers or innovative entrepreneurial types or both. We have dealt with applications from people in industries and professions ranging from Medical to Engineering; IT to Media; Accounting to Advertising; Marketing to Surveying. Many people wonder Should I go for an HSMP visa, or would a Work Permit be a better option? This will depend on your individual circumstances; a comparison is provided on page 3 of this guide, but most people prefer the flexibility of an HSMP visa over a specific employer-linked work permit.

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HSMP scheme versus work permit scheme


Work Permit Requires UK employer sponsorship (job offer) prior to application being made HSMP No Sponsorship / offer of employment required. You only need to show that there is a market for your skills in the UK Comparison HSMP is more flexible

UK Employer must apply on your behalf

Individual can apply himself / herself or via a registered UK Representative

HSMP gives you the control

You can only work for the organisation that sponsored your work permit

You can work for whomsoever you wish, providing it is within the field in which you have been trained and you intend to make the UK your main home.

HSMP is more flexible

Cannot work as self employed

Can work as self employed

HSMP is more flexible

Length of Permit is determined by Employer (max 5 years)

HSMP always issued for an initial 24 months period. Option to renew for a further 36 months.

Work Permit may (and usually does) allow a longer initial approval

Permanent Residence available after 5 continuous years as work permit holder

Permanent Residence available after 5 continuous years under HSMP (You can also be combine with time spent on a UK work permit).

The same

Processing time of 2 weeks

Processing time of 4-6 weeks, although this can vary and at times applications are being decided a lot quicker by the Home Office

Work permit is noticeably faster

Supporting documents can be photocopies

Must submit actual documents

Work Permit is less onerous

Government processing fee of 153 (This must be paid for all applications, even if unsuccessful)

Government processing fee of 315 (this must be paid for all applications, even if unsuccessful)

Little difference

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Applying for a Highly Skilled Migrant Programme visa If you are in the UK, other than as a visitor, it is usually possible to switch to an HSMP visa without having to leave the country. Please refer to our news item on switching (http://www.workpermit.com/news/2004_07_23/uk/new_uk_immigration_rules.htm) If you are resident outside the UK, we will apply to the Home Office; once they approve the application, an HSMP approval letter will be sent to our offices. You will then need to apply for Entry Clearance at a British Consulate in your usual country of residence. Obtaining Entry Clearance When applying at the British Consular post you should provide: Your Passport (must be valid for at least 6 months) The Home Office Approval Letter Two recent passport photos A completed Form VAF1 The appropriate Consular Fee (this varies from Consulate to Consulate but is not usually a large amount) Evidence that you will be able to maintain and accommodate yourself and any dependants adequately without recourse to public funds. Should you need to bring a spouse or qualifying dependant children (i.e. those under 18) to the UK, they will also need to apply for visas at a British High Consulate and must also complete individual VAF1 forms. Opportunities for your spouse The spouse of an HSMP visa holder who is in the UK may take up any lawful employment in the UK. The UK benefit system, Health Service, and Education system As an HSMP visa holder you are expected to support yourself and your dependants without using the benefit system. However, you are entitled to use the National Health Service and can send your children to State funded schools.

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Extending your stay, Permanent residence, and getting a UK Passport


An HSMP visa will be granted for an initial 24 months. Once you have been in the UK as a Highly Skilled Migrant for 23 months, you can apply to renew your visa for a further 3 years. If you have come to the UK and have been economically successful during your first two years, you should have no problems with the renewal application; the application must be supported by (amongst other things): Evidence of your economic activity during the past year Details of employment and any future work arranged. If you are self employed details of the progress of your business.

Permanent Residence (Indefinite Leave to Remain) You will normally be eligible for Permanent Residence (Indefinite Leave to Remain) after 5 years of continuous residence in the UK on an HSMP visa. In some circumstances, you may be able to include previous time in the UK towards the 5 years. This is usually possible a) Where the time in the UK on the previous visa was an uninterrupted period of residence leading directly to the HSMP b) Where the previous visa was based on a high level immigration status such as Work Permit, Innovator, Sole Representative, or Business Status (200,000 investment)

Nationality Once you have been in the UK for one year after obtaining Permanent Residence, you will be eligible to apply for UK naturalization which would confer the right to a UK passport and freedom to live/work anywhere in the European Union. However, be warned that processing times for Naturalization applications can be lengthy (average is 6 months)

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Making it Happen If you would like to apply for a UK HSMP visa, you have taken a great first step in reading this guide. The next step is to contact our HSMP team and start the process of securing your HSMP visa. Workpermit.com has a dedicated department handling all HSMP cases. We have a very high success rate (c90%), and will offer a No-Visa No-Fee guarantee to you if you are assessed as meeting the criteria. How we can help: Answering your queries about the HSMP scheme, or any other aspect of UK Immigration Law. Preparing your application. This includes not only all form filling, but also presentation, arguing your case, covering letters, and working towards the goal of a perfect application. Advising on document preparation (e.g. what will be accepted as proof by the Home Office; whether your qualifications will be recognised by the relevant UK authorities etc) Status checks on your application (as of March 2007, we are dealing with usual processing times of approx 4-6 weeks) Liaising with the Home Office and other relevant authorities as required during the course of the application Ensuring that the process is as quick and hassle free as possible Safe return of all relevant documentation (international courier or Special Delivery) Advice on Entry Clearance applications (for you and your family) Jobseekers advice / signposting

Once your HSMP visa is granted, we can help you with the Entry Clearance application. If you are in the UK, we can also help you switch from your current visa to a new visa based on your HSMP approval. This extra assistance costs 400 (+VAT) GBP + 350 Government Fees for applicants who are applying from within the UK for the passport endorsement (Further leave to Remain) in line with your initial HSMP approval.

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Getting started
If you have been assessed as qualifying, you will be offered the benefit of Workpermit.coms No-Visa No-Fee warranty. Phase 3 Making an application After a positive assessment, especially if offered the No-Visa No-Fee warranty, you will probably want to proceed with an application. This will involve: i. You check and sign off on the full workpermit.com Terms and Conditions ii. You pay a deposit iii. You send us your supporting documents. iv. We check your documents v. We complete relevant forms and send them to you for your approval / signature vi. You return them to us vii. We apply to the Home Office on your behalf viii. The Home Office approves the case (all being well, which it usually is for workpermit.com clients) ix. Documents and Home Office documentation safely returned to you with further information as to Entry Clearance or Switching your current immigration status.

On behalf of the workpermit.com HSMP Team, I thank you for your interest and hope to be able to help you in the near future. Warmest regards,

HSMP Team

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WORKPERMIT.COM HSMP SERVICES AND FEE SCHEDULE

1. Full Representation

This service is aimed at those candidates who would like us to prepare, submit and complete their entire application. We offer 2 payment options: 1. Full Payment Upfront Fee: GBP 865 + Government fee of GBP 400 Payable in 1 instalment and this qualifies you for our no win no fee offer

2. Part Payment

Fee: GBP 865 (incl. VAT) + Government fee of GBP 400 Payable in 2 instalments: GBP 400 (deposit) + GBP 400 (Govt Fees), GBP 465 (Balance on approval) Part payment offers flexibility with payment and personal cash flow but doesnt include our no win no fee offer.

2.

Document / Application Verification Service

This service is aimed at those candidates who feel confident enough to apply for the HSMP themselves, but need to know that their application stands a strong chance of success. The Home Office has recently announced that around 50% of all applications they receive are refused. In order to avoid this, we offer a thorough, written review of your application and the opportunity of a follow up call. Fee: GBP 250 (resident Outside UK) Fee: GBP 250 + VAT (resident in the UK) Should you then decide you wish to go for the full representation service, we will deduct this fee from the full representation cost.

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