UNITED KINGDOM - Home Office Announces Temporary Suspension of Highly Skilled Migrant Programme
By Fragomen, Del Rey, Bernsen & Loewy, LLP.

11/08/2006

On November 7, 2006, the United Kingdom (UK) Home Office announced changes to the assessment criteria for the Highly Skilled Migrant Programme (HSMP), a points-based scheme designed to encourage the movement of highly skilled foreign nationals to the UK for employment, self-employment, or a combination of the two. The changes, scheduled to take effect on December 5, 2006, will affect the HSMP criteria under which points are awarded. The Home Office has confirmed that it will eliminate the work experience, significant achievement, skilled partner and GP (general practice physician) Priority Provision categories and will replace them with academic qualifications, previous earnings and age. Furthermore, it will award additional points for previous work/study in the UK. A new mandatory English language requirement (IELTS level 6 or equivalent) will also be introduced. The provision that allows holders of MBA degrees from designated institutions to automatically qualify under the HSMP will remain in place. Updated application forms reflecting the new criteria have been issued and must be used for all applications submitted after December 5, 2006.

In order to manage the transition to the new assessment criteria, the Home Office has suspended the HSMP from November 7, 2006 until December 5, 2006 when the new criteria will be implemented. All HSMP applications received before 5pm on November 7, 2006, will be assessed according to the old criteria. Applications received during the suspension period will not be accepted. Once the new criteria take effect, applications under the HSMP must be submitted on the updated forms. Applications submitted on the old forms will be returned with no fee taken.

Anyone in possession of an HSMP approval letter still qualifies as a highly skilled migrant. S/he may apply for entry clearance at a British Diplomatic overseas or an extension of stay under the HSMP at the Home Office up to 6 months from the date of the approval letter.

Applications for Extensions of Stay During the Suspension Period:

The Home Office will not adjudicate extension applications during the suspension period. Individuals who are already in the UK under the HSMP and whose immigration permission to remain in the UK will expire during the suspension period should submit their extension applications on the current FLR(IED) form, which will be accepted until December 4, 2006, before their immigration permission expires.

However, adjudication of these applications will not take place until December 5, 2006 and under the new criteria. The Home Office states that it will contact all individuals who submit HSMP extension applications during the suspension period, advising them of the new requirements and offering them the opportunity to submit relevant pages of the new form and any other evidence that may be necessary.

New Criteria for HSMP Extension Applications:

The Home Office has announced that it will introduce a more robust points test for applicants seeking to extend their permission to stay in the UK under the HSMP. The Home Office will replace the current test, which requires applicants to show that they have 'taken all reasonable steps to become lawfully economically active', with the new criteria: English language ability, previous earnings, qualifications and age.

Those who are currently in the UK under the HSMP and who do not satisfy the new extension criteria will be offered a 'grace period' in which they can switch to another employment authorization category, provided they qualify.

HSMP Review Requests:

The Home Office has stated that it will continue to apply the previous HSMP criteria to any appeal submitted by individuals whose application was denied under the earlier criteria.

New Mandatory English Requirement:

A new mandatory English language requirement will be introduced to ensure that applicants have the necessary level of proficiency to support a successful application.

New Document Verification Tests:

When the new criteria take effect, the Home Office has confirmed that the applicant will carry the burden of meeting the documentary requirements. Moreover, the Home Office will verify the evidence with an appropriate third party and not, as was previously the case, through direct contact with the applicant. Applications that do not contain the required evidence or include documents that cannot be verified will be refused.
 

Source: http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/7fc38eecacc7de1a852572200053a931?OpenDocument