Transitional arrangements for the Highly Skilled Migrant Programme

This page explains the arrangements for people who are part-way through the process of applying to the Highly Skilled Migrant Programme (HSMP), or who have permission to stay (known as 'leave to enter' or 'leave to remain') as a highly skilled migrant and want to extend their stay.

Full details of these requirements are in the immigration rules at paragraph 245E of part 6A.

Transitional arrangements for those with an HSMP approval letter

The Highly Skilled Migrant Programme (HSMP) has closed for applicants in the United Kingdom, and will be closing for applicants in India on 31 March 2008 when Tier 1 (General) - highly skilled worker of the points-based system has been introduced.

On 1 April 2008 Tier 1 (General) is introduced for applications for permission to enter (known as 'entry clearance') made in India. If you are in the rest of the world, you are still able to apply for HSMP.

There will be a number of applicants who will be part-way through the two-stage application process (application for Highly Skilled Migrant Programme approval letter followed by a separate application for the associated entry clearance or leave to remain) when HSMP is closed to applicants. A number of people will have already successfully applied for an HSMP approval letter but will have yet to apply for entry clearance or leave to remain. HSMP approval letters are valid for six months from the date of issue.

Arrangements have been put in place to allow those who have an HSMP approval letter to apply for entry clearance or further leave to remain by making a Tier 1 (General) - highly skilled worker application. They are:

• if you have made an application for entry clearance as a highly skilled migrant before 1 April 2008 in India only;
• if you have made an application for leave to remain as a highly skilled migrant before 28 February 2008, and it has not been decided before that date;
• if, on 1 April 2008, you have already applied for a Highly Skilled Migrant Programme approval letter (HSMP approval letter) but have yet to apply for entry clearance as a highly skilled migrant; or
• if, on 29 February 2008, you have already applied for or obtained an HSMP approval letter but have yet to apply for leave to remain as a highly skilled migrant.

If you apply with a valid HSMP approval letter, you are charged a reduced Tier 1 (General) - highly skilled worker fee for your application. Read the section on costs to work out the fee you must pay.

If you have been issued with an HSMP approval letter, you must now make a Tier 1 (General) - highly skilled worker application. You are automatically awarded the 75 points required to qualify under the attributes points assessment of Tier 1 (General) - highly skilled worker and the 10 points required for English language. You will still need to meet the maintenance requirement and other general requirements of Tier 1 (General).

If you already have a valid HSMP approval letter, you do not need to fill in the attributes section of the points assessment and should go straight to the maintenance section of the application form.

Transitional arrangements for extension applications by existing highly skilled migrants

If you currently have permission to stay as a highly skilled migrant and that permission was granted under the immigration rules in place from 8 November 2006, you should apply to Tier 1 (General) in the usual way. You will need to meet all of the eligibility requirements.

If you currently have permission to stay (known as 'leave to remain') as a highly skilled migrant and that permission was granted under the immigration rules in place before 8 November 2006 and, after calculating your points score, it looks like you do not have enough points to apply, you may be able to get permission to stay in the United Kingdom either as a work permit holder or a self-employed person, if you do not meet the extension requirements in Tier 1 (General).

Work permit arrangements

You may be able to get permission to stay in the United Kingdom if you have been employed in your current post for:

• at least 12 months (where you have already spent more than 12 months under HSMP); or
• at least eight months (where you have already spent 12 months or less under HSMP).

Your current employer must apply for a work permit on your behalf, and as part of the transitional arrangements, the resident labour market test requirements of the work permit arrangements will be ignored.

You must still meet the other requirements of the work permit arrangements before a work permit is issued. If a work permit is granted, you must apply for further permission to stay (known as 'further leave to remain') as a work permit holder.

See the section on work permit arrangements.

Self-employed

You may be able to get permission to stay in the United Kingdom if you are self-employed if:

• your previous permission to stay under HSMP (known as 'leave to leave to enter' or 'leave to remain') was made under the arrangements that were in place before 8 November 2006;
• you do not meet the minimum score of 75 points for attributes in the points-based calculator;
• you are currently self-employed in the United Kingdom;
• you set up your own business, either on your own or with others;
• you established your business and have been actively trading for at least four months before your application; and
• you have ongoing business commitments for at least six months from the date of application.

A letter from us that confirms you have passed the first stage of the application process for the Highly Skilled Migrant Programme because you have the skills and experience required. This is the process an employer must follow before employing a person who is not a permanent resident of the United Kingdom if he/she is first required to show that no resident worker could be found to take a job.The categories for which you may score points to meet the requirements to apply to come to the United Kingdom under the points-based system. The categories are: qualifications, earnings, age, and United Kingdom experience.