Highly Skilled Migrant Programme
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The Highly Skilled Migrant Programme (HSMP) was a scheme from 2002 until 2008, that was designed to allow highly skilled people to
immigrate Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
into the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
to look for work or
self-employment Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return n ...
opportunities. It was different from the standard UK work permit scheme in that applicants did not need a specific job offer in the UK. It has now been replaced by Tier 1 (General) of the new points-based immigration system for those who are already living in the UK with HSMP and Tier 2 for those who are currently living outside of the UK or living in the UK in a different immigration category.


History

The Highly Skilled Migrant Programme was introduced on 28 January 2002. The scheme was significantly changed in two ways. First, with effect from 3 April 2006 (Immigration rule change - HC 1016) HSMP visa holders who were previously guaranteed settlement after four years now had to wait five years before applying for ILR. Secondly, 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 (FLR) being introduced. This prompted protests, with many HSMP visa holders fearing that the retrospective nature of the changes will force them out of the UK, and the joint
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
and
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation and finding that the case to revisit the retrospective nature of the changes was "overwhelming". The application of these HSMP changes to those already in the UK as HSMP holders as at 7 November 2006 was ruled as unlawful in a
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
and the
UK Border Agency The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was f ...
subsequently honoured the FLR outcome of the judicial review, implementing a remedy which allowed impacted migrants, including those who left the country, to apply to have leave under the new points-based UK immigration system instated in place of their lost HSMP leave.


HSMP replacement: (Tier 1 General)

In March 2008, the HSMP programme was replaced by Tier 1 (General) of the new points-based immigration system.UK Border Agency: Who Should Apply for Tier 1 Immigration
The system remains similar to the previous HSMP system, with additional points required for Maintenance/Savings, and additional points for English language ability.


HSMP and Indefinite Leave To Remain

HSMP Forum won the ILR Review on 6 April 2009. According to the High Court Decision, the HSMP visa holders who were admitted under the HSMP scheme before the April 2006 changes will now get the
Indefinite leave to remain Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay ...
after 4 years as originally promised to them as per the terms valid at that time, but the HSMP visa holders who admitted after April 2006 changes will get it after 5 years as per new terms.


Points system

The HSMP system was a points-based
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...
scheme, requiring a minimum of 75 points to qualify. From 8 November 2006 until closure points were awarded for educational qualifications (maximum of 50 points), past earnings based on a country banding system (45), age (20) and UK experience (5). Applicants also had to demonstrate English language ability and that they had sufficient funds to maintain themselves in the UK.


References

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External links


UK Home Office Highly Skilled Migrant Programme information

UK Naric

List of approved MBA schools

HSMP guidance document (PDF)
Employment in the United Kingdom Immigration to the United Kingdom