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 into the United Kingdom to look for work or self-employment 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 It has now been replaced by Tier 1 (General) of the new points-based immigration system for those who are already living in the UK with HSMP and Tier 2 for those who are currently living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.

United Kingdom Country in Europe

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world. The Irish Sea lies between Great Britain and Ireland. The United Kingdom's 242,500 square kilometres (93,600 sq mi) were home to an estimated 66.0 million inhabitants in 2017.

Self-employment is the state of working for oneself rather than an employer.

Contents


History

The Highly Skilled Migrant Programme was introduced on 28 January 2002. [1] 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, [2] and the joint House of Commons and House of Lords Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation [3] and finding that the case to revisit the retrospective nature of the changes was "overwhelming". [4] 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 [5] and the UK Border Agency 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. [6]

House of Lords upper house in the Parliament of the United Kingdom

The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is granted by appointment or else by heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Officially, the full name of the house is the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.

UK Border Agency border control agency of the British government

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, UK Border Force and Immigration Enforcement in April 2013. It was formed as an executive agency on 1 April 2008 by a merger of the Border and Immigration Agency (BIA), UKvisas and the Detection functions of HM Revenue and Customs. The decision to create a single border control organisation was taken following a Cabinet Office report.

The points-based immigration system is the means of regulating immigration to the United Kingdom from outside the European Economic Area (EEA). The scheme was phased in between 2008 and 2010. It is composed of five "tiers" which replaced all the previous work permits and entry schemes, including Scotland's Fresh Talent Initiative. The system was administered by the UK Border Agency the predecessor of UK Visas and Immigration.

HSMP replacement: (Tier 1 General)

In March 2008, the HSMP programme was replaced by Tier 1 (General) of the new points-based immigration system. [7] 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 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.

Indefinite leave to remain British immigration status

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 his or her stay and who is free to take up employment or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

Points system

The HSMP system was a points-based immigration 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.

Immigration Movement of people into another country or region to which they are not native

Immigration is the international movement of people into a destination country of which they are not natives or where they do not possess citizenship in order to settle or reside there, especially as permanent residents or naturalized citizens, or to take up employment as a migrant worker or temporarily as a foreign worker.

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UK Ancestry visa

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The Fresh Talent – Working in Scotland Scheme (FTWiSS) was a UK immigration scheme which was launched to deal with problems of population decline and skill shortages in Scotland. It ended on 29 June 2008, when it was replaced by Tier 1. FTWiSS allowed non-EEA nationals who successfully complete a relevant Scottish degree or postgraduate qualification to work or set up a business in the UK for 24 months without needing a Work Permit. The principle of the scheme, and of its successor, is to retain skilled and educated graduates as part of the UK labour force, who will switch into a longer-term work scheme such as the Work Permit scheme or Tier 1 (General), formerly the Highly Skilled Migrant Programme.

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In Australia, the 457 visa was the most common visa for Australian or overseas employers to sponsor skilled overseas workers to work temporarily in Australia. It has been abolished since 18 March 2018 by Turnbull government and replaced by another visa category. The full title of this subclass of visa was Temporary Business and was introduced soon after John Howard became Prime Minister in 1996. The title of the visa was changed to Temporary Work (Skilled) visa on 24 November 2012. Applications were processed by the Department of Immigration and Border Protection (DIBP). On 18 April 2017, Prime Minister Malcolm Turnbull announced that the 457 visas will be replaced with two new visa categories.

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References

  1. "Explanatory memorandum to the Immigration Employment Document (Fees) (Amendment) Regulations 2005" (PDF). Office of Public Sector Information. 2005. Retrieved 2008-08-23.
  2. Skilled migrant workers protest, BBC News, 11 January 2007, accessed 26 August 2007
  3. Tougher migrant rules 'illegal', BBC News, 8 August 2007, accessed 26 August 2007
  4. Joint Committee on Human Rights: Twentieth Report of 2007
  5. HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department
  6. UK Border Agency HSMP Forum judicial review
  7. UK Border Agency: Who Should Apply for Tier 1 Immigration Archived 2008-03-04 at the Wayback Machine