Highly Skilled Migrants under the Points Based System

Statement of Intent

This year, the government will implement sweeping changes to our immigration system, commencing with Highly Skilled migrants and sponsor registration. Prior to its commencement, the government has published a Statement of Intent which sets out how the points system will work for Highly Skilled migrants, how points will be awarded and the robust checks that will be made on applications. The Statement reflects the governmentÕs current thinking which could change before the points system tier begins to be implemented in the first quarter of 2008.

Throughout the year, we will post further updates as the new system is implemented.

In this update, we have summarised the main points of the Statement of Intent.

Principles

The Points System will simplify the immigration system by removing eight existing immigration categories when the Highly Skilled Tier is introduced:
> Highly Skilled Migrant Programme
> Investors
> Self Employed Lawyers
> Businesspersons
> Writers, Composers and Artists
> International Graduate Scheme
> Innovators
> Fresh talent: Working in Scotland Scheme

The Highly Skilled tier will embrace:

(a) General
For those who wish to find highly skilled employment in the UK.
(b) Entrepreneurs
For those who wish to invest in the UK by setting up or taking over, and being actively involved in the running of, a business.
(c)Investors
For high net worth individuals making a substantial financial investment in the UK.
(d) Post-Study Work
This category aims to retain the most able international graduates who have studied in the UK. Post-Study work is part of the Highly Skilled tier because successful applicants will be free to seek employment without having a sponsor. People with Post Study Work leave will be expected to switch into another part of the points system as soon as they are able to do so.

How points will be awarded

In order to satisfy the requirements of the HSMP, applicants need to show they have enough points to qualify to enter or remain in the UK. Points will be earned against 3 sets of criteria:
(1) Criteria specific to each sub-category (pass mark 75);
(2) Competence in English language;
(3) Maintenance Ð ability to support themselves and dependents as there is no access to state benefits;

Applicants will have to reach the pass-mark in each of the above categories in order to gain entry, and continue to stay when their right to stay is renewed after 3 years.

Applicants will be excluded where previous immigration abuses render them ineligible, even though the requisite points have been achieved.

Appeal rights

Appeal rights will be abolished in all Highly Skilled sub-categories except where the appeal is brought on Human Rights or Race Discrimination grounds. Rights of appeal will remain for non-points system categories both in and outside the UK.

There will be 3 ways of applying under the new system
(1) entering the UK in a Highly Skilled sub-category;
(2) extending a stay in the UK in a Highly Skilled sub-category;
(3) Switching while in the UK into or out of a Highly Skilled sub-category.

Transitional arrangements will be put in place to handle the transfer from old to new systems.