"The changes to immigration rules have been partly prompted by criticism of the Tony Blair government's immigration policy. The criticism gained sharper focus when John Reid, who reviewed the functioning of the Home Office after taking over as home secretary in May, announced that it was 'not fit for purpose'."
By Prasun Sonwalkar
London, Nov 8 - In a further tightening of immigration rules, Britain announced the latest of several changes this year that have affected highly skilled migrants from India and other non-European Union countries.
The changes have drawn considerable criticism from Indians and others who are already in Britain under various employment categories. Several of them say the changes make them feel unwelcome and will force them to consider moving elsewhere.
Further tightening of immigration rules are expected for non-EU nationals due to the migration to Britain of thousands of nationals from countries that have recently joined the EU.
Nationals from countries such as Poland have moved here in large numbers, forcing Britain to announce employment restrictions for nationals from Romania and Bulgaria who will join the EU on Jan 1, 2007.
In April this year, thousands of Indian doctors were affected by the abolition of 'permit-free training', which had earlier allowed them to take up employment in the National Health Service without a work permit. Doctors of Indian origin have gone to court against this change, and the hearing for a judicial review is expected to take place in December.
Moreover, thousands of professionals and their families from India and elsewhere have been affected by another change announced in April - increasing the qualifying period for permanent settlement under the work permit scheme from four years to five years.
The professionals under the work permit scheme have formed a forum called the Voice of Britain's Skilled Immigrants. After lobbying with MPs failed, solicitors associated with the forum have now approached the court to consider a judicial review of the 'four-to-five years' change along with the doctors' case in December.
The judicial review of the 'four-to-five years' change is being sought on the ground that there was no consultation before the change was made and that when the professionals were given work permits, they were assured that they could apply for permanent settlement after four years.
On Tuesday Immigration Minister Liam Bryne announced major changes in the Highly Skilled Migrants Programme (HSMP). Indians have been among the largest groups to come to Britain under this scheme ever since it was introduced in 2002.
As of Tuesday evening, the programme has been suspended until Dec 5 to manage the transition to the new arrangements. Under the programme, applicants will need to collect the necessary points under new categories while applying.
The earlier categories of 'spouse skills' and 'significant achievement' have been abolished. Moreover, no points can be claimed if the applicant is over the age of 33, reflecting the government's focus on allowing young highly skilled migrants into the country.
The revised HSMP criteria will now allow applicants to score points against the following criteria: qualifications; previous earnings; prior experience in Britain as a student or employee; age; and participation in an MBA
scheme.
Another major change announced is the introduction of the mandatory English language requirement. All applicants to the HSMP - new as well as those who are already in Britain and who seek extension to stay - will need to demonstrate their proficiency in English.
Other changes include new rules to deal with forged documents and verification of documents submitted with HSMP applications; abolition of the facility of non-EU doctors who come here to sit for qualifying tests such as PLAB
to switch to HSMP under the General Practitioners Priority provision.
The points based system for managing migration was launched in February this year and forms a central strand of the Home Office's review of immigration announced by the home secretary in July.
The changes to immigration rules have been partly prompted by criticism of the Tony Blair government's immigration policy. The criticism gained sharper focus when John Reid, who reviewed the functioning of the Home Office after taking over as home secretary in May, announced that it was 'not fit for purpose'.
Outlining the changes in parliament, Bryne said: 'These changes will ensure that the HSMP remains one of our flagship immigration schemes. And I am confident that they will help us to maintain public confidence in our immigration system, and to make the case for managed migration where it is in the interests of Britain.'
* For new HSMP applications, new criteria will come into being from 5th December 2006.This is much more tougher than current rules
* For existing holders , new rules for extension of HSMP will come into being from 5th December 2006.This will also be tougher.
* All applications and procedures will be suspended till December 4th as part of transitional arrangements.
HSMP changes for initial and extension applications
07 November 2006
On 7 November 2006, Liam Byrne, Minister for Immigration, Nationality and Citizenship announced a change in the Rules for the Highly Skilled Migrant Programme (HSMP). Applicants under this scheme will be judged against new enhanced points criteria designed to better reflect the likelihood of migrants' labour market success. The result will be to bring the HSMP closer in line with the Government's aims for migration, including supporting an objective set by the IND Review (July 2006), to 'boost Britain's economy by bringing the right skills here from around the world'.
HSMP is currently the only points-based immigration route into the UK. The change in assessment criteria reflects our determination to ensure greater transparency and objectivity in decision making for the applicant. Importantly too, these changes will inform the decisions Government will take towards establishing the new five-tiered Points Based System for all migration routes to the UK to work or study by April 2009.
In summary:
New points criteria for initial HSMP applications
* There will be changes to the attributes for which points are awarded. We are deleting the work experience, significant achievements, skilled partner and GP Priority Provision categories. The new attributes will be academic qualifications, previous earnings, age and bonus points for previous work/study in the UK. The provision which allows holders of MBA
degrees from designated institutions will continue. In addition, there will be a new mandatory English language requirement (IELTS
level 6 or equivalent) for all applicants.
* The changes will be made by announcing the deletion of the existing HSMP rules on 7 November 2006, effective from 8 November 2006. As part of this announcement, to prepare applicants and ensure an effective operational transition, we will effect a short suspension of the scheme until 4 December 2006. The revised scheme will be operational from 5 December 2006.
* Suspending the HSMP for 27 days will enable us to manage the transition most effectively with the available resources and ensure that current levels of customer service are maintained when the new arrangements are introduced.
Initial HSMP applications during the suspension period
* HSMP applications received up to 5pm on 7 November 2006 by our payment processing centre will be accepted and considered against the old criteria.
* Furthermore, anyone already in receipt of a HSMP approval letter can still apply for entry clearance at a visa post for up to 6 months from the date that the approval letter has been issued.
* Applications received on the old HSMP forms from 8 November onwards will be returned to the applicant/representative, with no fee taken.
* The new HSMP forms and guidance will be available from our website from 7 November 2006; hard copies will be available to order later in November. Customers should not submit applications on the new form during the suspension. Any applications received after 5 December 2006 will be prioritised. Any applications received on the new form during the suspension period will take more time to process, since priority will be given to those applications received from 5 December.
New criteria for the extension of leave under HSMP
* We will introduce a more robust points test for applicants looking for an extension of an initial period of leave under HSMP. This involves replacing the current test, that applicants must show that they have 'taken all reasonable steps to become lawfully economically active' with a new points test, which applies the same attributes being introduced for initial decisions: English language, previous earnings, qualifications and age.
* The revised Leave to Remain criteria will ensure that those people on the programme who wish to extend their stay have been making a contribution to the UK economy.
* Transitional arrangements will apply for those whose leave to remain expires under the new rules and whose applications will be considered against the new criteria. Those who are making a useful contribution to the UK economy - for example, working in a skilled job - but who fail to meet the new requirements, will be offered a 'grace period' in which they can switch into the Work Permits scheme (provided they meet the Work Permits criteria, with the Resident Labour Market Test being waived if they have been in post for a specified period).
Applications to extend leave to remain during the suspension period
* We will not be considering extension applications during the suspension period. However, those on the HSMP whose leave to remain expires during the suspension period will not be disadvantaged, as their extension applications will be accepted and they will be given the opportunity to provide further evidence towards the consideration of their application under the new rules.
* The old FLR (IED) form will continue to be accepted until 4 December. We will write to applicants applying on this form, informing them of the new arrangements and offering the opportunity to submit relevant pages of the new form, plus any additional evidence that may be necessary.
HSMP Review requests
* Any HSMP review request received from individuals whose application was refused under the previous HSMP criteria, in place until 7 November 2006, will be reviewed against the previous criteria. Please note these reviews may not have been completed by 5 December 2006 when the new HSMP criteria come into effect.
New mandatory English requirement and documentation verification
* We will promote the new mandatory English language requirement to ensure that applicants are aware of the level of proficiency necessary to support a successful application.
* We will promote the change to the scheme which puts responsibility on the applicant to submit the required documentation with their application. We will verify evidence provided with an appropriate third party and not through direct contact with the applicant. We will confirm that applicants that don?t provide the required evidence or submit documents that cannot be verified will fail.
* IND will conduct a thorough review of the changes to the HSMP scheme, covering both how the changes were implemented and their effectiveness.
Under the new scoring system you would need at least 75 points. Most of the overseas doctors who are currently working in UK can easily score these points on the basis of their income and degree and age alone.
Here are few screen shots explaining the criteria:
HSMP changes for initial and extension applications
07 November 2006
On 7 November 2006, Liam Byrne, Minister for Immigration, Nationality and Citizenship announced a change in the Rules for the Highly Skilled Migrant Programme (HSMP). Applicants under this scheme will be judged against new enhanced points criteria designed to better reflect the likelihood of migrants' labour market success. The result will be to bring the HSMP closer in line with the Government's aims for migration, including supporting an objective set by the IND Review (July 2006), to 'boost Britain's economy by bringing the right skills here from around the world'.
HSMP is currently the only points-based immigration route into the UK. The change in assessment criteria reflects our determination to ensure greater transparency and objectivity in decision making for the applicant. Importantly too, these changes will inform the decisions Government will take towards establishing the new five-tiered Points Based System for all migration routes to the UK to work or study by April 2009.
In summary:
New points criteria for initial HSMP applications
There will be changes to the attributes for which points are awarded. We are deleting the work experience, significant achievements, skilled partner and GP Priority Provision categories. The new attributes will be academic qualifications, previous earnings, age and bonus points for previous work/study in the UK. The provision which allows holders of MBA
degrees from designated institutions will continue. In addition, there will be a new mandatory English language requirement (IELTS
level 6 or equivalent) for all applicants.
The changes will be made by announcing the deletion of the existing HSMP rules on 7 November 2006, effective from 8 November 2006. As part of this announcement, to prepare applicants and ensure an effective operational transition, we will effect a short suspension of the scheme until 4 December 2006. The revised scheme will be operational from 5 December 2006.
Suspending the HSMP for 27 days will enable us to manage the transition most effectively with the available resources and ensure that current levels of customer service are maintained when the new arrangements are introduced.
Initial HSMP applications during the suspension period
HSMP applications received up to 5pm on 7 November 2006 by our payment processing centre will be accepted and considered against the old criteria.
Furthermore, anyone already in receipt of a HSMP approval letter can still apply for entry clearance at a visa post for up to 6 months from the date that the approval letter has been issued.
Applications received on the old HSMP forms from 8 November onwards will be returned to the applicant/representative, with no fee taken.
The new HSMP forms and guidance will be available from our website from 7 November 2006; hard copies will be available to order later in November. Customers should not submit applications on the new form during the suspension. Any applications received after 5 December 2006 will be prioritised. Any applications received on the new form during the suspension period will take more time to process, since priority will be given to those applications received from 5 December.
New criteria for the extension of leave under HSMP
We will introduce a more robust points test for applicants looking for an extension of an initial period of leave under HSMP. This involves replacing the current test, that applicants must show that they have 'taken all reasonable steps to become lawfully economically active' with a new points test, which applies the same attributes being introduced for initial decisions: English language, previous earnings, qualifications and age.
The revised Leave to Remain criteria will ensure that those people on the programme who wish to extend their stay have been making a contribution to the UK economy.
Transitional arrangements will apply for those whose leave to remain expires under the new rules and whose applications will be considered against the new criteria. Those who are making a useful contribution to the UK economy - for example, working in a skilled job - but who fail to meet the new requirements, will be offered a 'grace period' in which they can switch into the Work Permits scheme (provided they meet the Work Permits criteria, with the Resident Labour Market Test being waived if they have been in post for a specified period).
Applications to extend leave to remain during the suspension period
We will not be considering extension applications during the suspension period. However, those on the HSMP whose leave to remain expires during the suspension period will not be disadvantaged, as their extension applications will be accepted and they will be given the opportunity to provide further evidence towards the consideration of their application under the new rules.
The old FLR (IED) form will continue to be accepted until 4 December. We will write to applicants applying on this form, informing them of the new arrangements and offering the opportunity to submit relevant pages of the new form, plus any additional evidence that may be necessary.
HSMP Review requests
Any HSMP review request received from individuals whose application was refused under the previous HSMP criteria, in place until 7 November 2006, will be reviewed against the previous criteria. Please note these reviews may not have been completed by 5 December 2006 when the new HSMP criteria come into effect.
New mandatory English requirement and documentation verification
We will promote the new mandatory English language requirement to ensure that applicants are aware of the level of proficiency necessary to support a successful application.
We will promote the change to the scheme which puts responsibility on the applicant to submit the required documentation with their application. We will verify evidence provided with an appropriate third party and not through direct contact with the applicant. We will confirm that applicants that don?t provide the required evidence or submit documents that cannot be verified will fail.
IND will conduct a thorough review of the changes to the HSMP scheme, covering both how the changes were implemented and their effectiveness.
HSMP changes -Unfair Retrospective Rules
The Government devised a scheme to encourage qualified foreign nationals to come to the UK in order support the economy and fill the skill shortage. I accepted this invitation and have met all the requirements only now to find that Government has broken this agreement. As things stand my HSMP permit will expire in April 2008 and having established a new life in the UK for my wife and family, purchased a new home, settled into a responsible job, I will be forced to leave.
There are hundrends of people like me who came to UK on HSMP scheme and betrayed. Please fight with us.
Edited by: RxPG Team Edit Reason: Posting of Links not allowed according to TOS
Under the new scoring system you would need at least 75 points. Most of the overseas doctors who are currently working in UK can easily score these points on the basis of their income and degree and age alone.
Here are few screen shots explaining the criteria:
plus u get extra 5 points if ur already workn in the UK!!
nik
i had recently written to an agency and they sent back a list of frequently asked questions with their answers-
thought it maybe helpful--
FAQ
1. What's happening?
On 7 November 2006, the Government announced significant changes to
the Highly Skilled Migrant Programme (HSMP). HSMP is currently the only
points-based immigration route into the UK. Applicants under this
scheme will be judged against new points criteria designed to better
reflect the likelihood of migrants' labour market success and to bring the
most highly skilled to the UK, helping to meet the Government's strategic
objective to boost the UK economy.
2. Why has it been suspended?
Suspending the HSMP for 27 days will enable us to manage the
transition more effectively within the available resources and maintain good
customer service when the new arrangements are introduced.
We are keen to ensure that when customers make their application they
are fully aware of the criteria they are applying under; the suspension
will allow a better transfer to the new arrangements. It would have
been unfair to have tried to assess customer's applications on the new
criteria, when they had applied under the old criteria.
The suspension will not apply to Entry Clearance applications for
those who already have an HSMP approval letter; overseas posts will not be
required to deal with the transition as the changes will have a more
limited impact on their operations.
3. When will it re-open?
The scheme will re-open with the new criteria in place on 5 December
2006
4. What are the new criteria?
We will introduce a more robust points test for both initial HSMP
applications and Leave to Remain applications for those migrants looking
for an extension of an initial period of leave under HSMP. For
extensions, this involves replacing the current test, that applicants must show
that they have 'taken all reasonable steps to become lawfully
economically active' with a new points test, which applies a similar points
scoring assessment to the assessment being introduced for initial HSMP
applications. A separate, mandatory English Language Requirement is also
being introduced, both at initial and extension stage.
The change in assessment criteria reflects our determination to ensure
greater transparency and objectivity in decision making for the
applicant. As a result of analysis of the scheme, we have concluded that the
current criteria are not the best indicators of labour market success.
The new criteria are qualifications, previous earnings, age (on a
sliding scale) and bonus points for having studied or worked in the UK.
There will also be a new English language requirement.
We are also revising the Leave to Remain criteria to ensure that those
people on the programme who wish to extend their stay have been making
a contribution to the UK economy.
5. What other options do I have if not HSMP?
Those on the HSMP who apply for leave during the suspension period
will not be disadvantaged, as they will be given the opportunity to
provide further evidence towards the consideration of their application under
the new rules.
Transitional arrangements will also apply for those whose leave
application is made, but whose leave expires under the new rules. Those who
are making a useful contribution to the UK economy - for example,
working in a skilled job - but who fail to meet the new requirements, will be
offered a 'grace period' in which they can switch into the Work Permits
scheme (provided they meet the work permits criteria, with the Resident
Labour Market Test being waived if they've been in post for a specified
period).
6. Is the fee going to change?
There will be no change to the fees. The HSMP fee will remain at £315
and extension applications submitted on the FLR(HSMP) form will
continue to be £335 per application
7. What will happen to my application at the time of the suspension?
All HSMP applications on the old form will be accepted by the payment
processing centre up to 5pm on the 7 November. .
The payment processing centre will return initial HSMP applications on
the old form received after this date to the source address, without
processing the fee, with an explanatory letter.
Extension applications will continue to be accepted during the
suspension period for the purpose of protecting leave. However, they will not
be considered until the suspension has ended and applicants will be
offered the opportunity to submit additional evidence against the new
criteria.
8. When will forms and guidance will be available on the new criteria?
The new HSMP form and guidance will be available from our website from
7 November. Hard copy forms and guidance will be available later in
November.
From 8 November, applications for leave under HSMP should no longer be
made using the old FLR(IED) - although this form will continue to be
accepted until 4 December.
Applicants should be reminded not to submit their new form until 5
December, Any applications received during that time will take more time
to process than those received from 5 December which will have priority
having adhered to the guidance for submission of applications.
9. Will you still reward applicants who have undertaken MBA
Applicants who received Masters from the HM Treasury list of 50
institutions will continue to benefit from a specific provision, granting the
full points requirement. They will also have to satisfy the English
language requirement. At extension, however, these MBAs will count only as
a Masters degree, and will therefore be eligible for 35 points.
10. Why we will be testing English for all and what do people need to
demonstrate?
Applicants under this scheme will be judged against criteria designed
to better reflect the likelihood of a migrant's labour market success,
and the use of English within the UK labour market is seen as a key
part of these criteria.
All applicants will be required to speak English to a required level.
English language proficiency will be tested at both initial HSMP and at
extension stage. A standard of English language equivalent to the
internationally recognised IELTS
Qualification Level 6 will be required,
although some alternative English language tests deemed equivalent to
IELTS
6 will also be acceptable. Alternatively, individuals with evidence
of studying a Bachelors degree taught in English will also qualify.
Evidence required for IELTS
Test: IELTS
Test report form, which must
be less than 2 years old at the time of application.
Evidence required for alternative test: Original test report or
certificate
Evidence required for a Degree taught in English: Degree certificate
and letter from institution confirming degree was taught in English,
letter from awarding institute and academic transcript
11. What happens if you are no longer eligible under the new FLR
criteria?
We have developed transitional arrangements to avoid disadvantaging
those that fail to meet the new requirements but are making a useful
contribution to the UK.
Those working in a skilled job, but don't qualify under the new HSMP
criteria, will be allowed to switch into work permits, (provided they
meet the Work Permits criteria, with the Resident Labour Market Test
being waived if they've been in post for specified period).
Migrants in self-employment who fail to meet the 75 points under the
Points Scoring Assessment (PSA), will be able to have their applications
considered under the transitional arrangements for Self Employed
Persons included on the FLR(HSMP) form. If they meet the requirements of
these transitional arrangements, this will be accepted in lieu of meeting
the 75 points required under the PSA. They will still have to meet the
other Immigration Rules requirements, including the mandatory English
Language Test.
12. What happens if you wanted to switch during the suspension period?
Customers who wanted to switch into HSMP during the suspension will
have to wait until 5 December to submit their HSMP application, but can
submit an application for further leave to remain, under HSMP, prior to
submitting this application/obtaining your HSMP approval letter, if
their existing leave to enter/remain in the UK is due to expire either
during the suspension period or shortly after it ends.
The benefit of making such an application is that, provided it is
valid and is submitted before your existing leave expires, by virtue of
Section 3C of the 1971 Immigration Act, your existing leave will be deemed
to be extended until such time as a decision has been reached on your
HSMP application.
In light of the 'suspension' period, Work Permits (UK) will hold open
such early leave applications (provided they have been accepted as
'valid') until the end of the suspension period and, providing an HSMP
application is submitted within 21 days after the end of the suspension,
will continue to hold the leave application open, until the HSMP
application is decided.
However, the risk associated with making such an application for leave
before obtaining confirmation that a HSMP application has been
approved, is that, should the customer's HSMP application fall for refusal,
their leave application will be refused in line with it and no fee will be
refunded.
13. How long have you known about this?
Work on developing the HSMP criteria to ensure that they are the best
indicators of labour market success has been going on for some time.
However we have only very recently received Ministerial endorsement of
our implementation plan.
Suspending the HSMP for 27 days will enable us to manage the
transition most effectively within the available resources and ensure that
current levels of customer service are maintained when the new arrangements
are introduced.
Premature announcement of the 27 day suspension of the scheme may have
jeopardised the smooth implementation of the revised scheme, for
instance by causing a surge of applications.
14. Which forms and guidance notes to I need to use, and where can I
get them?
The new application form and guidance notes will be available from 8th
November 2006, a new form FLR(HSMP) is now required for all Leave to
Remain applications under HSMP, this will also be available from 8th
November 2006.
You can download the Highly Skilled Migrant Programme guidance notes
and application form from our Website
using
the 'All Forms' link on the right hand side of the homepage.
Alternatively, you can request a copy to be posted to you by calling our
Distribution Centre on 0870 521 0224.
However, customers should not submit their initial applications before
5 December. Any applications received during that time will take more
time to process than those received from 5 December which will have
priority having adhered to the guidance for submission of applications.
15. Can I apply for this scheme by e-mail?
This service is not currently available for HSMP applications.
16. Do I need to send my passport in with the HSMP application forms?
No, do NOT send your passport in at this stage.
17. What if I meet the points threshold to gain HSMP but don't have the
evidence to meet the English language requirement?
In order to qualify for HSMP approval you must achieve 75 points in
the Points Scoring Assessment and also demonstrate that you meet the
English language requirement. If you cannot meet both of these
requirements, your application will be refused.
18. I was intending to enter the UK under the GP Provision, is this
still possible?
The GP Provision was removed from the HSMP on 08/11/06. Individuals
who would have previously been granted HSMP approval under the GP
Provision may, however, still apply for HSMP approval but must meet the points
threshold and the English Language requirement in order to qualify.
19. I have previously studied and worked in the UK, can I claim five
points in the UK Experience category for each of these?
You can only claim a total of five points in this points scoring area
for either UK study or previous UK employment but not both.
20. I have evidence other than that stated which I wish to be
considered in place of those documents, can I do this?
No. Only the specified evidence will be accepted. In exceptional
circumstances we may be willing to consider alternative documents, but only
those we have stipulated. Any documentation which does not meet out
requirements will not be considered and may lead to refusal of the
application.
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