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Highly Skilled Migrant

Programme:
Guidance for Applicants

Version: 2.0
Valid from: 07.11.06

HSMP (11/06) -1-


Highly Skilled Migrant Programme: Guidance for applicants
Introduction and overview

Introduction and overview


6. Any such future changes will be
1. The United Kingdom (UK) government published on our website:
operates the Highly Skilled Migrant www.workingintheuk.gov.uk
Programme (HSMP) to allow individuals with
exceptional skills to seek entry or stay to
work in the UK without having a prior offer 7. The application process involves two
of employment, or to take up self- stages:
employment opportunities. Stage 1: The completion of application
form HSMP1 to be considered under the
2. This guidance explains the rules Highly Skilled Migrant Programme (an
governing individuals wishing to enter the HSMP application). An HSMP approval
UK as Highly Skilled Migrants or to switch decision does not grant permission to
immigration categories to remain in the UK come to the UK or to remain if already
as Highly Skilled Migrants. Guidance on inside the UK;
extension applications for those already in
the UK as a Highly Skilled Migrant can be Stage 2: If your HSMP application is
found in the guidance notes for applicants approved and you are presently abroad,
for form FLR(HSMP). you must make a separate application
to come to the UK. If you are already in
The Highly Skilled Migrant the UK in another category which allows
Programme you to switch in-country into the HSMP
you must make an application for
3. The HSMP was launched on 28 January further leave to remain as a Highly
2002. A revised Programme and the Young Skilled Migrant using form FLR(HSMP).
Persons Assessment were introduced on 31 Please also see the section on applying
October 2003. On 12 April 2005 the MBA for Entry Clearance or Leave to Remain
provision was introduced, to enable below.
applicants with an eligible MBA to meet the
points criteria on the basis of their MBA This two-stage process is summarised in
alone. On 3rd April 2006 the initial grant of the diagram at Annex A.
leave under the HSMP was extended to 2
years, in line with changes to the qualifying 8. The process for applying for extensions
period for settlement. of stay under the HSMP is contained in the
separate notes attached to application form
4. On 7 November 2006 the HSMP was FLR(HSMP). A brief description of the
further revised. The overall points score process is given below in ‘Stage 2: Applying
required for approval was increased to 75 for Entry Clearance or Leave to remain’ of
points. The Work Experience, Achievement these notes
in applicant’s chosen field, HSMP Priority
Applications for General Practitioners, and How to apply
the Partner’s Achievements sections were 9. Any individual can apply, although you
removed from the Programme and the should carefully consider the criteria below
points awarded for qualifications and to ensure you meet the necessary points
previous earnings were amended. The threshold before doing so. If you wish to
Young Person Assessment was also make a HSMP application you must submit
amended to include additional age bands. the following:
An additional points scoring section was  a fully completed Highly Skilled Migrant
introduced for UK Experience, as was a Programme application form; and
mandatory requirement to demonstrate an  original documentation required to
appropriate level of English language skills. support the claims on the application
form as specified in Annexes C, D and
5. The HSMP requirements may change in E of this guidance and on the
the future. The Immigration Rules, which application form; and
provide for entry into the UK under  the correct payment (for details of
immigration categories including the HSMP, charges please refer to Annex B of this
are also subject to change. The criteria for guidance).
HSMP extensions may also therefore be
subject to change in the future.

HSMP (11/06) -2-


Highly Skilled Migrant Programme: Guidance for applicants
Introduction and overview

10. You should not send your passport at section on our website on ‘forms and
this stage. guidance’ where you will also find advice on
instances when you can apply for urgent
11. It is extremely important that you treatment and details of how to request
carefully read the guidance notes before this.
completing the form. It is essential that you
fully complete all the relevant sections and
indicate on the form the sections where you
are claiming points. By completing any
section on the application form you indicate
that you wish to claim points under that
section. If the section on the form is not
completed we will not consider or award
points for it.

12. It is your responsibility to provide the


evidence to support any statements made.
You must satisfy us that you meet the
points scoring requirements of the HSMP.
We must be satisfied, by considering the
evidence provided and taking into account
any other relevant considerations, that you
meet the criteria.

13. We specify the evidence that we will


consider on the application form and in
Annexes C, D and E of this guidance.
Where the evidence required is not
provided, and/or is not as specified in
the HSMP application form and Annex
C, D and E of this guidance, then Work
Permits (UK) will not contact
applicants to request this but will
make a decision on the basis of the
documents received with the
application.

14. All evidence provided should be


original.

15. Please note that failure to sign your


application form will result in a delay to
consideration.

16. Applications should be submitted to:


Work Permits (UK) HSMP
PO Box 3975
Sheffield
S1 9BL

Information on process times


17. Please refer to our website
www.workingintheuk.gov.uk in the section
titled ‘About us’ for full details of our
service standards and current processing
times.

18. If you require your application to be


considered urgently then please refer to the

HSMP (11/06) -3-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 1: The HSMP application process

Stage 1: The HSMP application the points claimed towards your total.
process Please ensure that you supply evidence
relevant to the scoring areas. For example,
19. There are two sections to the if you have been awarded a degree, you will
application form: need to provide your degree certificate.
• Section one where your
26. Any documentary evidence you provide
evidence is assessed with points
should be original.
awarded against a standard scoring
system, and
27. Please be selective in the evidence you
• Section two is a language submit, as submitting large amounts of
section where evidence is required
irrelevant or poor quality documentation
of your level of ability in English. may delay the consideration of your case. It
is only necessary to submit evidence that is
20. Points can be earned in the five scoring directly appropriate to the scoring areas of
areas but you must also meet the English
the application form as requested, as
language requirement in order to obtain unrelated evidence cannot be considered.
HSMP approval.
For example, we cannot award points for
any qualification below bachelor degree
21. The HSMP application form requires you
level, so it is unnecessary to submit this
to self assess your score on the points evidence.
section of the application. You must indicate
the areas that you are claiming points for 28. Where a document is not in English the
on the form, and clearly indicate how you
original must be accompanied by a fully
meet the criteria. A caseworker considering certified translation by a recognised
your application will only consider awarding
translator. If you are outside the UK the
points on the sections where you have self- local British High Commission or Embassy
assessed your score and where appropriate
can provide lists of local translators.
evidence has been supplied.
29. Please note that failure to submit the
22. You will need to provide evidence that specified evidence in support of points
you score 75 points or more in the scoring
claimed is likely to lead to refusal to award
categories in the attributes section. points for that section. You must score at
least 75 points in the first part of the form
23.In addition to scoring 75 points in AND meet the English language
the first section of the application, you
requirements in order to gain approval.
must provide evidence of your English
language ability. This is an absolute
30. Where there are exceptional reasons as
requirement. Failure to demonstrate
to why you cannot provide the documents
this will result in refusal of your
requested for a point scoring area, you may
application.
request exceptional consideration of that
particular area of your application. We may
24. The criteria are explained in full in the
be willing to consider specific alternative
annexes to this document. Annex C evidence in support of your claim for points
explains the award of points under part one
in exceptional circumstances, such as
of the HSMP application, Annex D explains where your documents have been affected
how to score points under the MBA
by war or natural disaster. The alternative
provision and Annex E explains the criteria documentation that we will accept is also
for the English language assessment. You
listed on the application form and in
should ensure you read these Annexes fully Annexes C, D and E of these notes.
before attempting to complete the
application form.
31. You will need to fully explain the
reasons why you are requesting your
Supporting evidence and
documents to be considered exceptionally
documentation
and provide evidence to support this. For
25. It is important that you submit full
example, if you cannot provide the
documentary evidence as specified in the specified documents because of natural
application form and Annexes C, D and E
disaster, then evidence in the form of
of these notes, to support any claims you
make on the form, if you wish us to count

HSMP (11/06) -4-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 1: The HSMP application process

specific media coverage and a personal link evidence submitted with an application and
to the situation should be supplied. on this basis may seek to verify evidence
(please note this is not an exhaustive list):
32. We will consider whether the reasons for  Where documents are of poor quality
supplying alternative documents are and we suspect forgery may have been
sufficient. We reserve the right to refuse to attempted;
accept the alternative documents if we are  Where contradictory evidence has been
not satisfied with the reasons and evidence supplied with the application;
provided. Requests for exceptional  Where Work Permits (UK) has
consideration will be assessed on a case by knowledge of similar applications that
case basis and reasons accepted for using have attempted to abuse the system;
the secondary documentation for one  Where Work Permits (UK) has received
applicant should not be taken as a allegations of abuse or has other
precedent that they will be accepted for any evidence that indicates abuse.
other applicant.
38. If, having followed the standard
Verification of evidence verification procedures on the basis of
33. Evidence provided in respect of points reasonable doubts about the documents,
being claimed must be from a clear source. we are unable to verify that the documents
Work Permits (UK) may seek to verify this are genuine, the application is likely to be
evidence with the source. You must ensure refused. This will include, for example,
that any evidence provided can be situations in which Work Permits (UK) has
independently verified. made several attempts, but has been
unable to contact an employer to confirm
34. As part of this process of verification, an individual's past earnings.
Work Permits (UK) may contact employers,
relevant UK diplomatic posts overseas, 39. If, having followed standard verification
other UK government agencies, such as Her procedures, we are able to conclude that it
Majesty’s Revenue and Customs (HMRC), or is more likely than not that the document is
other third parties as necessary. The forged; or not genuine; or does not properly
purpose of such checks is to ensure that the relate to the applicant; then the application
information contained in the documentation will be refused. Where an applicant submits
provided is a full and accurate reflection of any documents which, although not
statements made in your application and material to their application, are forged or
points claimed. not genuine or do not properly relate to the
applicant, then the application will be
35. Work Permits (UK) may seek to verify refused.
documents provided with an independent
third party (as detailed in the paragraph 40. If your application would ordinarily fall
above) where they have reasonable doubts for refusal for the reasons outlined above,
that the documents in question are forged but you can clearly demonstrate to the
or are not genuine, or do not properly relate satisfaction of Work Permits (UK) that you
to the applicant. were unaware that the document in
question was forged or not genuine or did
36. Definitions: not properly relate to you, then Work
 ‘Forged documents’ are counterfeit, Permits (UK) may consider the remainder of
fabricated or falsified in an attempt to evidence submitted in support of the
pass them off as original. application in the usual way.
 Documents that are ‘not genuine’
include those that are not original and Revocation of HSMP Permissions
do not originate from the stated source. 41. There may be occasions where we find
 Documents that ‘do not properly relate’ evidence to show that an applicant has
to the applicant may be genuine and knowingly deceived us. In these cases, we
from a reliable source but relate to reserve the right to revoke the HSMP
another person who is not the applicant. permission, and consequently curtail your
leave to enter or remain in the UK.
37. The list below outlines examples of
circumstances under which Work Permits Requesting a Review of an HSMP
(UK) may have reasonable doubts about Decision:

HSMP (11/06) -5-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 1: The HSMP application process

42. If you think that the decision on your Requesting reconsideration of an


application has been made in error, based HSMP decision with new supporting
on all of the information submitted at the information
time, and you wish us to reconsider that 49. If your HSMP application is refused and
decision, then you should write to us to you wish to submit further information for
request a review of that decision. You can consideration, then you must make a fresh
assist in this process by completing the application. You should send a fully
form entitled ‘Request for a Review of a completed application form together with
HSMP Application’ which is available at supporting evidence, and the associated fee
www.workingintheuk.gov.uk. You must to:
submit your request for a review within 28
days of the date of the original decision Work Permits (UK) HSMP
letter, explaining why you believe that the PO Box 3975
decision was wrong with reference to the Sheffield
guidance notes. S1 9BL

43. You may request only one review of 50. Second and subsequent paid
a HSMP decision in relation to an applications will receive a full fresh
application. consideration. We will consider the new
application and the evidence provided in
44. We will consider the grounds of refusal support, and will not be bound by the
provided in respect of your original assessment made on previous applications
application, and also undertake a full review submitted by the applicant. Points awarded
of all other elements of the decision. We for evidence sent in with previous
are, however, unable to consider any applications may not be awarded on a
information that was not submitted with the subsequent application.
original application.
51. Evidence that was checked and found to
45. Before making the decision we may be false on a previous application will not
seek to verify evidence sent with the be accepted on subsequent applications.
application. Evidence found to be false is likely to lead
to closer scrutiny of later evidence received
46. Please note that the review process from the same source.
constitutes a full reconsideration of the
application. Therefore, any points awarded Requesting reprints of valid HSMP
in the original assessment might not be letters within 6 months of issue
awarded on review if the reviewing Reprinting valid HSMP permission letters
caseworker establishes that they were will apply in the following circumstances:
originally awarded in error. Where we
identify further grounds for refusal, then the To correct errors and omissions
decision to maintain refusal of your 52. You or your representative may request
application will be amended and reissued as reprints of HSMP approval/refusal letters
part of this process, even when the original from us to correct errors such as spelling
basis for refusal may have been overturned. mistakes, or incorrect details such as
mistyped names or dates of birth. Requests
47. If your review is unsuccessful you will should be made in writing and accompanied
not be able to seek any further reviews of by the original permission letter. Reprints
the original application. Any further review will be marked ‘Duplicate’ and will be free
requests received for the same application of charge once your written request and the
will be returned to you. original permission letter have been
received. If the original letter is not
48. Requests for reviews should be sent to: returned your request will be refused and a
fresh application, with fee, will be required.
Highly Skilled Migrant Programme
(HSMP) 53. Please note however, that if you request
PO Box 3468 a reprint to change a detail on the letter of
Sheffield permission that was central to the
S3 8WA consideration of the original application,
then your request will be refused where it is

HSMP (11/06) -6-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 1: The HSMP application process

based upon your error or omission. One delay then your request will be refused and
example of this would be an error made to you will be required to submit a fresh
the date of birth, where points were application enclosing the associated fee.
awarded in the wrong banding.
Where delays arise from appeals
To replace a lost letter: against Entry Clearance Officers’
54. You may request a reprint of a letter decisions not to grant leave to enter
that has been lost in transit. Requests the UK:
should be made in writing, and contain 60. You should provide evidence of the
personal details such as your name, date of delay in this circumstance i.e. a copy of the
birth, and confirmation of the address for successful appeal determination, with your
posting. Reprints will be marked ‘Duplicate’ written request for a reprint and the original
and will normally be free of charge. We letter of permission. We reserve the right to
reserve the right to undertake confirm that the evidence provided is
investigations to confirm that the letter has genuine.
been lost before issuing a duplicate.
61. If you do not provide evidence of the
Requesting reprints of letters that are delay then your request will be refused and
no longer valid – after 6 months: you will be required to submit a fresh
55. Reprints of letters issued over 6 months application, enclosing the associated fee.
ago will be free of charge, provided that the
original letter is returned and all other 62. Reprints will be free of charge once your
conditions, as outlined below, are met. If it written request is received, accompanied by
is not returned then a fresh application, the original letter of permission. If the
with fee, will be required. original letter is not returned, and no
confirmation from the British High
Reprinting letters that are no longer Commission has been received that they
valid will apply in the following have retained the letter, then a fresh
circumstances only: application with associated fee will be
required.
Requesting reprints of letters delayed
in the post 63.All requests for reprints should be
56. You may request a reprint of a letter submitted to:
that has been delayed in transit so that it is
no longer valid. Reprints will be marked Highly Skilled Migrant Programme
‘Duplicate’ and will be free of charge, PO Box 3468
provided that the original letter of Sheffield
permission is returned together with your S3 8WA.
written request for a reprint.

57. If the original letter is not returned then


your request will be refused and a fresh
application with fee will be required. We
reserve the right to confirm that the letter
has been delayed in the post before issuing
a duplicate.

Where there has been a delay in


obtaining entry clearance:
58. You should provide evidence to explain
the reasons for delay in this circumstance,
in the form of a written notice from the visa
section containing the entry clearance
interview date, a written request for a
reprint and the original letter of permission.

59. We reserve the right to confirm the


authenticity of evidence provided. If you do
not provide evidence of the entry clearance

HSMP (11/06) -7-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 2: Applying for Entry Clearance or Leave to Remain

Stage 2: Applying for Entry remain, we will ask you to provide a written
Clearance or Leave to Remain undertaking that you intend to make the UK
your country of habitual residence.
64. If successful, you will receive a HSMP
approval letter and you can then move into 70. Secondments abroad that are an
the second stage of the application process. integral part of a job based in the UK are
In this stage you will need to apply for permitted, however they will be considered
either entry clearance to come to the UK, or as time outside of the UK when considering
for leave to remain to switch and extend eligibility for settlement purposes.
your stay, on the basis of your HSMP
approval. 71. To qualify for settlement in the UK you
must have spent a continuous period of five
65. Please note that a successful HSMP years in the UK in a category leading to
application does not guarantee approval of settlement (please also see paragraph 105
your entry clearance or leave to remain of this guidance), except for short holidays
application. or business trips. Any secondment that
requires you to be outside the UK for an
The application process for those unbroken period of over three months will
currently living outside the United make your previous stay in the UK ineligible
Kingdom - entry clearance as a continuous period in the UK. Further
66. The application for entry clearance must details on settlement can be found at:
ordinarily be lodged within 6 months of the www.ind.homeoffice.gov.uk
approval of the HSMP application.
Maintaining yourself in the United
67. The entry clearance application should Kingdom
be submitted to the British Embassy, High 72. There is no set amount of money you
Commission or Consulate in either your need to bring with you, it will depend on
country of origin or country of residence. your personal circumstances. However it
You will not normally be allowed to submit should be sufficient to ensure that you and
an application for entry clearance in a your family are able to find appropriate
country where you are based as a visitor or accommodation without the need to access
other temporary basis. Where there is no UK public funds whilst you look for work.
UK visa issuing post in your country of The Entry Clearance Officer will assess this
residence or where the nearest post does for applications made abroad.
not issue entry clearances, another UK visa
issuing post will have been designated to 73. Costs of living vary between different
handle applications. If you are not sure parts of the UK, but it is worth remembering
where to apply, any UK mission will be able that compared to many countries, the UK is
to advise you. an expensive place to live. For applications
made abroad the entry clearance officer will
What will I generally need to do to need to determine whether you will be able
make an application for entry to maintain and accommodate yourself and
clearance? your family. Therefore you will need to show
68. You must supply the entry clearance that you have enough savings and/or
officer with: potential income to be able to support
yourself and your family.
 A fully completed entry clearance
application form (available on
74. You will not be allowed any use of UK
www.ukvisas.gov.uk and at British
public funds (please see below for list of
missions overseas) alongside your
public funds) whilst in the United Kingdom
supporting evidence;
with permission to stay under the
 Your HSMP approval letter from Work Programme.
Permits (UK);
 Two passport sized photographs; and 75. Public funds are defined within the
 The appropriate fee. Immigration Rules and at the time of
publication include: Income support;
You must be willing and able to make Income-based Jobseekers' Allowance (JSA);
the United Kingdom your main home Housing and Homelessness assistance;
69. If you are successful in your HSMP Housing Benefit and Council Tax Benefit;
application, and apply for leave to enter or

HSMP (11/06) -8-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 2: Applying for Entry Clearance or Leave to Remain

Child Benefit; Attendance Allowance; 81. There is no right of appeal through Work
Severe Disablement Allowance; Carer’s Permits (UK) for unsuccessful entry
Allowance; Disability Living Allowance; clearance. Unsuccessful entry clearance
Working Tax credit or a social fund applicants may have a right of appeal under
payment; Child Tax Credit; and State Section 88(2)(b) of the National Immigration
Pensions Credit. and Asylum Act 2002 but any such appeal is
against the decision of the Entry Clearance
Family Members' application process Officer to refuse entry clearance, it is not an
for those overseas appeal against Work Permits (UK).
76. Your spouse, civil partner, unmarried or
same-sex partner (see definition in 82. For any further information concerning
paragraph 79 below) and dependant entry clearance applications please visit
children under the age of 18 may apply to www.ukvisas.gov.uk.
accompany you or to join you in the UK.
They must also seek entry clearance for this The process for those currently living
purpose before they travel to the United in the UK under another capacity and
Kingdom. who wish to switch into the HSMP
provisions – applying for leave to
77. If entry clearance is approved your remain
spouse, civil partner, unmarried or same- 83. You may make a HSMP application
sex partner and dependant children will be whilst in the United Kingdom if you are
granted leave to enter on the same currently here under one of the following
conditions of stay as you. They will be able categories:
to work if they wish, however any such  Work Permit holders (which excludes
employment must not be necessary to Training and Work Experience and the
support you or any other dependant. Sectors Based Scheme);
 Students who have obtained a degree
78. Please note that any dependants’ qualification during their current period
continued stay in the United Kingdom is of leave in the UK on a recognised
conditional on them remaining in the United degree course at either a United
Kingdom as your dependants. Kingdom publicly funded further or
higher education institution or a bona
79. To be eligible for entry and to stay in the fide United Kingdom private education
UK as an unmarried or same-sex partner, institution which maintains satisfactory
you and your partner must have been living records of enrolment and attendance;
together in a relationship akin to marriage. and have the written consent of their
The relationship should have subsisted for official sponsor to remain as a highly
the past 2 years or more, and you must skilled migrant if they are a member of
intend to live together as partners during a government or international
your stay in the UK. Moreover, any scholarship agency sponsorship and that
previous marriage or similar relationship by sponsorship is either ongoing or has
either partner must have permanently recently come to an end at the time of
broken down. The complete requirements the requested extension;
for entry as an unmarried or same sex  Postgraduate doctors, dentists and
partner can be found at Paragraph 295J of trainee general practitioners;
the Immigration Rules, which can be found
 Science and Engineering Graduate
in the Law and Policy section of the
Scheme participants;
Immigration and Nationality Directorate’s
 Working Holiday Makers;
website at www.ind.homeoffice.gov.uk.
 Innovator; and
What if your application for entry  Fresh Talent: Working in Scotland
clearance is refused? scheme participants, who have the
80. As explained in paragraph 65, a consent of their official sponsor where
successful HSMP application does not appropriate.
automatically guarantee approval of your
entry clearance or leave to remain 84. If you are a government-sponsored
application. graduate student you will need that
government’s written consent to extend
your stay in the UK and should provide

HSMP (11/06) -9-


Highly Skilled Migrant Programme: Guidance for applicants
Stage 2: Applying for Entry Clearance or Leave to Remain

evidence of this as part of your HSMP please read the guidance associated
application. with the FLR (HSMP)form, which can be
found on our website
85. If you are in the UK within a category www.workingintheuk.gov.uk under the
other than one of those listed at paragraph ‘all forms’ section).
83 you may still make a HSMP application.
However, even if this is approved, your 90. You will also need to meet the criteria
leave to remain application is likely to fall above, as for Entry Clearance requirements.
for refusal. Those in the UK who do not fall
into one of the categories set out above, 91. You should send the completed
including those on temporary admission FLR(HSMP) form and accompanying
into the UK, should therefore return documentation to Work Permits (UK) at:
overseas and make an entry clearance Work Permits (UK) - FLR(IED)
application. PO Box 493
Durham
86. For applications made in the UK you will DH99 1WT
need to apply for your leave to remain on a
FLR(HSMP) form. 92. If you choose to submit both the HSMP
application form and the FLR(HSMP) at the
87. Please note - the application for HSMP is same time, you will not receive a refund if
not treated as an in-time immigration either part of the application is refused.
application under Section 3C of the 1971
Immigration Act. Therefore, although the Family Members’ Application Process
FLR(HSMP) application will normally be 93. Your spouse, civil partner, unmarried or
made after your HSMP application has been same-sex partner (see definition in
approved, you should be sure to make your paragraph 79) and dependent children
leave to remain application before your under the age of 18 may apply to join you in
existing leave to remain expires. the UK. If they are coming to join you from
overseas they must seek entry clearance
88. For further information on how to apply for this purpose before they travel to the
for leave to remain please visit our website United Kingdom.
www.workingintheuk.gov.uk.
94. If entry clearance is approved your
What will I need to make an spouse, civil partner, unmarried or same
application if I am in the United sex partner and dependent children will be
Kingdom under another capacity and granted leave to enter on the same
wish to switch into the HSMP conditions of stay as you. They will be able
provisions? to work if they wish. However, any
89. You should send separately to us at employment your dependants undertake
Durham, the following: must not be necessary to support you or
 A completed FLR(HSMP) form, which you any other dependants.
can download from the IND website or
can obtain by calling the applications 95. Form FLR(HSMP) can also be used to
form line on 0870 5210 224, along with apply for an extension of stay (limited leave
your supporting evidence. Please note to remain) in the UK for the following
you should submit your leave to remain dependants, if they are applying at the
application before your current leave same time as you: a spouse, civil partner,
expires. The FLR (HSMP) form and unmarried partner, same-sex partner, or
accompanying guidance is available child under the age of 18. Further
from the ‘all forms’ section of our information is available on the website
website www.workingintheuk.gov.uk ; www.ind.homeoffice.gov.uk
and
 If you already have your HSMP approval 96. If your dependants are granted leave to
letter from Work Permits (UK) you enter or remain alongside yourself, they will
should enclose it with your leave to be able to work if they wish, although any
remain application; and employment they undertake must not be
 The correct payment (for full details of necessary to support you or any other
the payment and documentation you dependants.
should submit with the FLR(HSMP) form,

HSMP (11/06) - 10 -
Highly Skilled Migrant Programme: Guidance for applicants
Stage 2: Applying for Entry Clearance or Leave to Remain

What if your application for leave to Indefinite Leave to Remain


remain is refused? 105. If you have been granted permission
97. As explained in paragraph 65, a to stay in the United Kingdom as a Highly
successful HSMP application does not Skilled Migrant for a total of five years and
automatically guarantee approval of your wish to remain in the United Kingdom on a
leave to remain application. permanent basis you can apply at the end
of the five-year period for permanent
98. If your application is refused, the residence.
reasons for the refusal, together with next
steps available to you, including any appeal 106. This is otherwise known as indefinite
rights you may have, will be included in the leave to remain or settlement. The main
letter notifying you of our decision. criteria for settlement will be that you have
spent a continuous period of five years in
Extension applications for those the UK in a category leading to settlement.
already here under the HSMP You must also be able to demonstrate that
provisions you can continue to be economically active
99. Under the HSMP provision, initial in the UK as a highly skilled migrant.
applications may be approved for a period
of up to 2 years. 107. In addition those applicants who are
currently participants in the HSMP, and are
Extending your leave under the HSMP applying for permanent residence as a
100. If you are a Highly Skilled Migrant Highly Skilled Migrant, can amalgamate
you will, in the last month before the end of leave granted under the HSMP with other
that period, be able to apply for permission continuous leave from previous work permit
to stay for an additional three years under employment or from periods under the
the HSMP. Innovator category. For example, if you had
previously stayed in the UK with 2 years
101. The extension application is made leave for work permit employment and then
on a specific form, the FLR(HSMP) form, switched to the HSMP you would normally
available from the website on be eligible to apply for settlement after 3
www.workingintheuk.gov.uk and from the years in the UK as a highly skilled migrant.
distribution centre. Further guidance notes
on this process are available with this form. 108. Further information on whether an
immigration route leads to settlement can
102. The extension application is similar be found on the IND website at
to the initial HSMP application and consists www.ind.homeoffice.gov.uk. If you meet the
of an attributes section where you will need requirements for settlement your spouse,
to score at least 75 points in the four areas civil partner, unmarried or same-sex
to be successful. You will also need to partner and children under the age of 18
provide evidence of English language ability will also be able to obtain permanent
at extension stage. residence with you.

103. If you were previously granted leave


to enter and/or remain under the HSMP MBA
provision or Priority applications for GPs
provision you must meet the same
requirements of the extension criteria as
other applicants.

104. You will also need to declare that


you and your family have not had access to
public funds and to disclose any relevant
information (as detailed on the application
form) concerning previous criminal
convictions. If your application is approved
you will normally be given permission to
remain for a further three year period.

HSMP (11/06) - 11 -
Highly Skilled Migrant Programme: Guidance for applicants
Further information

FURTHER INFORMATION 115. Members of a designated legal


professional body that are not regulated by
Guidance on Representatives and them for Immigration purposes (for
Agents example some registered foreign lawyers or
109. You may make an application non-practising barristers) should ensure
through a representative/agent. The that they abide by the OISC codes of
representative must fill in and sign the practice and seek regulation with the OISC
representative’s declaration page of the if they wish to continue to provide
HSMP application form. immigration advice or services.

110. If you wish for a representative to 116. If a representative makes an


take over responsibility for your application application on behalf of an individual, and
and act on your behalf when your that representative is not permitted to
application is partway through the provide advice and immigration services (by
application process, or at review stage, section 84 of the Immigration and Asylum
then you should write and tell us. You Act 1999), we will inform both the
should also include a signed declaration representative and the individual of the
page from the HSMP application form from requirements of the Act. Any further
the representative. Please send this correspondence will be made directly with
information to: you at the address stated on the
Highly Skilled Migrant Programme application.
(HSMP)
PO Box 3468 117. Anyone unsure of the status of their
Sheffield representative should contact the OISC.
S3 8WA
Contact details for the OISC
111. Until we have your authority to make 118. Queries about OISC requirements
exchanges with the new representative and should be addressed to:
a signed declaration page from that OISC
representative, we will be unable to deal 5th Floor
with them. Counting House
53 Tooley Street
112. UK representatives acting on behalf London SE1 2QN
of the applicant who are offering advice and Tel: 0207 211 1500
services provided in connection with an Fax: 0207 211 1553
HSMP application will need to be registered E-mail: info@oisc.gov.uk
with the Office of the Immigration Services Website: www.oisc.gov.uk
Commissioner (OISC), unless they are
exempt from the requirements to do so. Representatives based outside the UK
This is a requirement of Section 84 of the 119. The OISC regulations do not apply to
Immigration and Asylum Act 1999. representatives based overseas. Therefore
where an overseas representative has been
113. The representative should indicate appointed we can deal with this
whether they are registered, or the basis on representative without the need for
which they are exempt from the registration registration with the OISC on condition that
requirement, on the representative they have completed and signed the
declaration form and include their OISC representative declaration page of the
registration. application form.

114. If the representative is not required Return of information


to register due to being regulated by a 120. Once we have considered your
designated legal professional body (as application, a decision letter will be sent to
defined by the Immigration and Asylum Act you along with the original documents that
1999, eg the Law Society), or if they work you submitted to support your application.
under the supervision of such a person,
evidence should to be provided to support 121.Decision letters and original documents
this. can only be returned to your current
address, declared on the front of the
application form, or the address stated on

HSMP (11/06) - 12 -
Highly Skilled Migrant Programme: Guidance for applicants
Further information

the representative’s declaration page, if Rules (including the Self-Employed Lawyers


one has been appointed. Decision letters Concession). Writers, composers and artists
and original documents will not be sent to may also enter under the immigration
any other address. category specific to them.

122. For applications made within the UK, 129. If a UK employer wants to employ
all documents will be dispatched using you for a specific post, your prospective
Recorded Delivery. For applications made employer may wish apply for a work permit
from outside of the UK, the information will for you. This must be obtained before you
be sent by airmail. travel to the United Kingdom to take up that
post.
123.Please note: Due to the very large
volumes of items posted overseas, we are 130. Those who wish to make the UK their
unable to send documents by individually main home but not to work, and who have
registered post. Once items sent by significant capital, should consider the
standard airmail have left Home Office Investor or Retired Person of Independent
premises, we are unable to track their Means categories of the Immigration rules.
whereabouts and therefore cannot accept
any responsibility for their loss. 131. Further information about these
routes of entry to the UK can be found on
124. If you believe that there is a risk of the IND website at
your documents being lost, e.g. by an www.ind.homeoffice.gov.uk or alternatively
overseas postal carrier, you are able to www.workingintheuk.gov.uk
make arrangements for courier collection
from ourselves. However, all costs for a What if I need more information on
courier will need to be borne by yourself. National Insurance (NI) contributions
or tax?
125. If you arrange for a courier to collect 132. You can get more information on NI
your documents, please fax us on 0114 207 contributions and tax from HM Revenue and
6021 to make the necessary arrangements. Customs at your local Tax Office or Enquiry
If however, at the end of one week your Centre. Details of these can be found in
documents have not been collected we will your local telephone directory or on Her
post them out by the appropriate postal Majesty’s Revenue and Customs website at:
method, as above. http://www.hmrc.gov.uk/. A help-sheet is
available in a variety of languages at
126.Please note that we will be unable to http://www.hmrc.gov.uk/cnr/helpsheet_dow
sign any documentation when couriers pick nload_page.htm.
up your documents. Therefore, you should
check with the Courier Company you Working for an employer
instruct that there are no papers to be 133. You may have to pay tax on your
signed when they collect the parcel from wages. Tax is taken from your pay and paid
our office. Please see Annex B for further to the government on your behalf by your
information. employer. When you start work your
employer will give you a form 'PAYE - notice
Alternative routes of entry to the of new employee (P46)' to complete. This
United Kingdom: will allow them to decide how much tax to
127. The Highly Skilled Migrant deduct from your salary. However, if HM
Programme is only one of a variety of legal Revenue and Customs needs more
routes open to individuals wishing to move information they will contact you.
to the United Kingdom. You will be best
placed to judge if this route is for you, but Working for yourself
the Programme is designed for those who 134. You must register with HM Revenue
wish to seek work or self-employment in the and Customs if you work for yourself. You
UK on an individual, flexible basis, and who can do this by:
are at the top of their chosen profession. • calling 0845 915 4515 from 8.00am to
6.00pm Monday to Friday - English
128. Those specifically wanting to Language Service only;
establish a business may wish to look to • completing the form 'Becoming self-
enter as an Innovator or under the Business employed and registering for National

HSMP (11/06) - 13 -
Highly Skilled Migrant Programme: Guidance for applicants
Further information

Insurance contributions and/or tax within 20 working days of receiving your


(CWF1)'. You can download the form at letter.
www.hmrc.gov.uk/forms/cwf1.pdf or
collect it from any HM Revenue & 139. If your complaint is about the
Customs Enquiry Centre. behaviour, attitude or general conduct of a
member of our staff we will reply within 12
National Insurance weeks of receipt of your complaint, to allow
135. You have to pay National Insurance time for an investigation.
(NI) contributions in order to work legally in
the United Kingdom. You must apply for a 140. If it is not possible to give you a full
National Insurance number through your: reply within these timescales, for example
 local Jobcentre Plus office; because a detailed investigation is needed,
 Jobcentre; or we will provide you with an interim reply.
 Social Security office. This will tell you how we are dealing with
They will arrange an interview with you. your complaint and when you can expect a
full reply. The full reply will include details
To find your local office visit of who to contact next if you believe that
jobcentreplus.gov.uk for more information. your complaint has not been dealt with
properly. This will normally be an
Our contact details: appropriate senior official.
136. If you have a general enquiry
regarding the HSMP scheme, you can 141. If you are still not satisfied, you can
contact our Customer Contact Centre at: ask your local Member of Parliament to
contact the Independent Parliamentary
Customer Contact Centre Commissioner for Administration (the
Work Permits (UK) Ombudsman) to review your complaint and
Managed Migration Directorate how it has been handled. If the Ombudsman
PO Box 3468 is satisfied that your complaint has been
Sheffield dealt with fairly, they will close your case
S3 8WA and we will not respond to further
Telephone 0114 207 4074 correspondence about the matter.
Fax: 0114 207 4000
Email: 142. A copy of our Complaints Procedure
wpcustomers@ind.homeoffice.gsi.gov.u is available to customers on request. If you
k want a copy, please contact our Customer
Contact Centre on tel. 0114 207 4074.
What to do if you wish to make a
complaint
137. If you are unhappy with the standard
of service you have received and you wish
to make a complaint, please contact us at:

Complaints and Compensation Team


Work Permits (UK)
Managed Migration Directorate
PO Box 3468
Sheffield
S3 8WA

Email:
wpuk.complaints@ind.homeoffice.gsi.gov.u
k
Fax: 0114 2076368

138. Please be aware that you will be


advised to send all complaints in writing. If
your complaint is about the general
procedures for applying under the Highly
Skilled Migrant Programme we will reply

HSMP (11/06) - 14 -
Highly Skilled Migrant Programme: Guidance for applicants
Glossary

Glossary private company that specialises in the


evaluation of overseas academic and
Accredited Institution – A place of study professional qualifications.
that is recognised as an institution of higher
education by NARIC (please see below). Notary - A notary is an officer of the law
Professional bodies must be recognised by who has undergone specific training to
the equivalent UK regulatory authority. authenticate documents under their
signature and official seal. In the United
Certified translations – Translations that Kingdom (UK) a Notary Public is a qualified
have been made and endorsed by a lawyer who is appointed by the Archbishop
recognised translator. If you are not in the of Canterbury and is subject to regulation
UK the local British High Commission or by the Court of Faculties. However, Notaries
Embassy can provide lists of local Public exist in most overseas countries.
translators.
Notarisation - Notarisation is the
Declared Earnings – Earned income that certification by a Notary
has been declared to the appropriate tax Public that the signature
authorities. appearing on a document is
true and genuine. Notaries
Entry Clearance Application – An assess documents and
application for a visa to allow the individual attest that the copies are
to enter the UK. Entry clearance exact representations of
applications must be made from outside the the original.
UK after a HSMP application has been
approved. UKVisas administer entry Notarised copies of the personal
clearance applications, and further details page of the passport – must be
information about making such applications signed and stamped by a verifiable notary
can be found on the UK Visas website at public.
www.ukvisas.gov.uk
Out of Country Application – An
Entry Clearance Officer – a UK application submitted by an individual who
government official who works at a British is currently residing outside the UK.
Embassy or High Commission overseas.
Entry Clearance Officers consider entry Salaried employment – The type of
clearance/ visa applications from individuals employment where an individual works for
wishing to enter the UK. an employer. This can be on a full-time,
part-time, temporary, short term or
FLR (HSMP) – the application form for consultancy basis. It can also be for a
leave to remain as a Highly Skilled Migrant. single or a number of different employers,
All HSMP applicants who are making at different times or at the same time.
applications from inside the UK must These workers are likely to qualify for the
complete this application form in order to national minimum wage – further definitions
stay and work under the HSMP category. are available on www.dti.gov.uk.
Out of country applicants do not need to
complete this form. Self-employed work – The type of work
where an individual has set up their own
In Country Application – An application business, singly or with others. They may
submitted by an individual who is living in not qualify for national minimum wage, for
the UK. more information please see
www.dti.gov.uk.
Leave to Remain – The period of time for
which an individual has been granted
permission to stay once they have entered
the UK. An applicant’s leave to remain is
valid until the expiry date stamped in the
applicant’s passport.

NARIC – The National Academic


Recognition Information Centre. NARIC is a

HSMP (11/06) - 15 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex A – The application process

Stage 1 - making an HSMP application

Send application to: Work


Fully complete HSMP form, include all
Permits(UK) HSMP,
relevant documents and fee.
PO Box 3975,
Do not send passports.
Sheffield, S1 9BL

Approval
Application considered by
Decision HSMP status granted.
HSMP team
See Stage 2.

Refusal
Option to request a review
of decision. To:
HSMP, PO Box 3468,
Sheffield, S3 8WA

Stage 2 - after gaining HSMP approval

Make Entry Clearance


Refusal
Are you inside application at your local British
No Decision Contact Embassy for
the UK? Embassy or High Commission.
further information
See UKVisas.gov.uk for details

Yes

Make Further Leave to Remain


application on FLR(HSMP)
Approval
form and send to: Decision
Gain/regularise leave in the UK
WP(UK) FLR(HSMP), PO Box
493, Durham, DH99 1WT

Refusal
Contact LTR team for
further information

Please note the application for HSMP is not treated as an in-time application under Section 3C of the 1971 Immigration Act.
Therefore, although the FLR(HSMP) application will normally be made after your HSMP application has been
approved, you should make sure you submit your leave to remain application before your existing leave expires.

HSMP (11/06) - 16 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex B – Payment Guidance

Annex B: Payment Guidance


Consideration Procedure
1. This Annex gives information and advice 6. The fee charged is for the consideration
about payments for the consideration of of the application and not for the issue of a
applications made under the Highly Skilled decision. A valid fee if applicable, must
Migrant Programme (HSMP). Please read accompany the application form otherwise
these notes before filling in the payment the case cannot be considered.
section at the front of the HSMP application
form 7. We cannot begin the consideration
process until the payment has cleared.
Contents Paragraph Payments made by cheque will take 5
s working days, credit/debit cards will take 1
Introduction 2-3 working day and postal orders will clear
How much will it cost? 4-5 immediately.
Consideration procedure 6-7
Exemptions 8-10 Exemptions
How do I pay? 11-23 8. In accordance with our International
Application procedure 24-30 obligations under the 1961 Council of
Europe Charter or the 1996 European Social
Withdrawn applications 31
Charter (revised), nationals of countries
Duplicate Applications 32
who have signed and ratified the charter
Reviews 33-34
are exempt from a charge. Therefore,
Payment slip completion 35-36 nationals of Albania, Andorra, Armenia,
Other details 37-42 Azerbaijan, Bulgaria, Croatia, FYR of
Macedonia, Moldova, Romania and Turkey
will be exempt.
Introduction
2. Applications made under the Highly 9. Details of further countries who sign and
Skilled Migrant Programme (HSMP) are ratify the Council of Europe Charter or the
subject to a charge. European Social Charter (revised) and
subsequently become exempt, will be
3. These guidance notes provide details of included in the Work Permits (UK) website
the charge and the payment procedures to at www.workingintheuk.gov.uk. There are
follow when making applications under the no other exemptions to the charge.
HSMP arrangements. Guidance on the
general arrangements for the scheme is 10. If you are making a HSMP application
available on the Immigration and and you are a citizen of one of the exempt
Nationality Directorate (IND) website at countries listed above, please complete the
www.ind.homeoffice.gov.uk or may be ‘Contact Details section and the ‘Application
requested by telephone from our details’ of the payment slip ensuring you
distribution centre on: +44 (0) 8705 have ticked the ‘exempt’ box.
210224.
How Do I Pay?
How much will it cost? 11. If your application does not meet the
4. From 1 April 2005, the fee for the exemption rules, the payment must
consideration of a HSMP application is £315 accompany the application and the
per application. This fee will apply for initial payment slip must be fully and accurately
HSMP applications made under the HSMP completed.
arrangements and further applications
where new information is supplied. Payment can be made by:
12. Cheques drawn in sterling on a UK bank
5. All leave to remain applications for account;
HSMP should be submitted separately on a UK postal order; or
FLR (HSMP) form along with the fee of £335 Credit or debit card.
(for a postal application). Please note that
Leave to Remain applications for HSMP 13. Payment by any other method will not
cannot be dealt with at the Public Enquiry be accepted.
Office.

HSMP (11/06) - 17 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex B – Payment Guidance

14. If the payment submitted does not For paid applications


cover the total cost of the application 22. You should tick the ‘paid’ box on the top
(£315), it will not be possible to consider left corner of the first page of the HSMP
the application. We will return it to you form. For exempt applications, you should
without consideration including the part tick the ‘exempt’ box on the top left corner
payment. of the first page of the HSMP form.

Paying by Cheque and Postal Order 23. More detailed guidance for the
15. UK Cheques and Postal Orders should be completion of the payment slip can be
made payable to ‘Home Office, Work found in paragraphs 35-36 of this annex
Permits (UK).’
Procedure for Applications Received
16. All the relevant information must be 24. Completed applications for HSMP initial
completed including the payer details, the applications should be sent to:-
date, the amount, and the signature. Work Permits (UK) HSMP
PO Box 3975
17. The cheque or postal order must be Sheffield
attached to the front of the payment slip to S1 9BL
avoid them being ‘missed’ amongst the
documents that are sent with the 25. This address is of a Government
application. You should also make sure you approved Payment Handling Service which
complete the ‘Payment details’ section of will check the following:
the payment slip.  A payment is applicable;
 The payment slip is completed correctly;
Credit or Debit Card Payments  The payment method is acceptable;
18. Credit or Debit card payments should  The application has been identified
contain the card number, the amount paid, correctly as paid or exempt; and
the payer’s name as it appears on the card,  The payment has cleared.
valid from and expiry date, Card Verification
Value (CVV) code, signature and date. 26. Please note that the payment handling
service is independent from Work Permits
19. The Card Verification Value (CVV) is a (UK) and does not process any applications.
three-digit security code. You will find this Furthermore, they do not have the capacity
code on the back of your card on the to deal with public callers.
signature strip: it consists of the last 3
digits. In-country applications
27. All in-country applicants must submit a
leave to remain application on an
FLR(HSMP) form within six months of their
HSMP approval and before their existing
leave to enter and/or remain in the UK
expires to:
Work Permits (UK) – FLR(HSMP)
PO Box 493
Durham
DH99 1WT
For Switch/Maestro card users the issue
number must also be completed. 28. Although the FLR(HSMP) application will
normally be made after your HSMP status
Completing the payment page has been approved, you must make sure
20. In all cases, whether paid for or exempt that your leave to remain application is
applications, the following instructions made before your existing leave to remain
should be followed. expires.
21. Please complete the whole of the Extensions of HSMP leave to remain
‘Contact details’ section and ‘Application 29. Applications for HSMP extensions should
details section. be submitted, to the Durham address given
above, on an FLR(HSMP) form, no sooner

HSMP (11/06) - 18 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex B – Payment Guidance

than one month prior to the expiry of your  Contact Details: Please enter the details
leave to remain as a Highly Skilled Migrant. of the person responsible for payment in
case we have a payment query. In the
30. Please note that sending application event of the payment not being able to
forms to the incorrect address will result in be processed the application will be
significant delays to the process. returned to the contact name and
address detailed in section 1.
Withdrawn Applications
31. Once an application has been received  Application Details: Please ensure that
by the payment handling service, the you complete the paid for and exempt
appropriate fee will be charged. If a boxes correctly and that the information
request to withdraw the application is provided here matches the details given
received at any time during the on page 1 of the HSMP form.
consideration process, the fee will not be
refunded. It is therefore the full  Payment Details: Please complete this
responsibility of the person submitting the section if you have indicated in the
application to ensure that they wish to ‘Application details’ section that you are
enter into the application process. paying for the application. You need
only complete the relevant sections. If
Duplicate Applications you have indicated that the application
32. In the event of more than one is exempt there is no need to complete
application being received for the same this section.
individual, each application will be subject
to the standard charge of £315. Other Details
Reviews Submission of Application Forms
33. You may ask for your case to be 37. In order to simplify the validation
reviewed if you think the original decision procedure, please ensure that the
was wrong. You should send your request application is packaged in the following
for a review to: order:
Highly Skilled Migrant Programme
 Application form with cheque or postal
(HSMP)
order (if applicable) secured to page
PO Box 3468
one.
Sheffield
 Covering letter.
S3 8WA
 Supporting documents.
34. However if you submit further And for Leave to Remain or HSMP Extension
information in support of your application applications only:
you will be required to submit a new  Passport(s)
application accompanied by the fee of
£315. You should send it to: Postal Applications
Work Permits (UK) HSMP 38. If your application is sent to our
PO Box 3975 Moorfoot address, this will delay the
Sheffield processing of your application.
S1 9BL
Address for Extensions of HSMP leave
Guidance for completion of the to remain
Payment Slip 39. If the application is to extend your
35. Correct completion of the payment slip existing HSMP leave to remain, you should
is very important. Any errors may prevent send form FLR (HSMP) along with the fee
the payment from being processed and will £335 to:-
delay the consideration process. It is Work Permits (UK) – FLR (IED)
therefore imperative to complete the PO Box 493
payment slip in accordance with these Durham
guidance notes. DH99 1WT

36. You must complete the whole of the Applications sent by Courier
‘Contact details’ section and the 40. If you wish to send your application by
‘Application details’ section. Courier, the delivery address is:
Immigration & Nationality Directorate

HSMP (11/06) - 19 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex B – Payment Guidance

Work Permits (UK) HSMP


7th floor
Fountain Precinct
Balm Green
Sheffield
S1 2JA

41. Applications delivered by courier must


arrive during normal business hours
(8.30am to 4.30pm on weekdays excluding
Bank Holidays). Acceptance of the form
after these hours cannot be guaranteed.

42. Applications sent to any other address,


including our Moorfoot address in Sheffield,
cannot be accepted, and the processing of
your application will therefore be delayed.

HSMP (11/06) - 20 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

Annex C: Scoring Areas for those an accredited institution (See the glossary
persons applying on the HSMP for definition).
application form
Academic qualification
6. You should provide your original degree
Contents Paragraph
certificate. This should clearly show
Qualifications 2-24
• the date of the award; and
Previous earnings 25-53
• the title of the award; and
UK Experience 54-64
• the name of the awarding institution;
Age assessment 65-76
and
1. All evidence supplied must be able to be • your name.
independently verified using the contact
details supplied. If an application contains Professional qualification
evidence that cannot be verified, we will 7. You should provide your original award
refuse to accept that evidence (see certificate, together with confirmation from
‘Verification of Evidence’ in the section on the appropriate UK professional body
Stage 1: The HSMP application Process of confirming your qualification’s equivalence
this guidance). to UK academic levels.

8. You should supply your original award


Qualifications
certificate. This should clearly show all of
the following:
Introduction and Points available
2. In this category you can score the  the date of the award;
following points according to the highest  the title of the award;
level educational qualifications you hold:  the name of the awarding institution;
 your name.
PhD Masters Bachelors
50 35 30 9. You should also provide an original
letter from the appropriate UK professional
3. Qualifications have to meet the body confirming your qualification’s
recognised standard of UK Bachelors, equivalence to UK academic levels. The
Masters or PhD (as verified by the current letter from the UK professional body must
National Academic Recognition Information confirm both the following:
Centre (NARIC) database), to be awarded  the name of the qualification including
the respective points. the country and awarding body;
 which UK academic level it is equivalent
4. Vocational and professional to.
qualifications can also score points in this
area if satisfactory independent evidence is Recent graduates awaiting the issue of
produced to show that the qualification is a certificate
equivalent to an applicable level UK 10. If you are awaiting graduation but have
academic qualification. This will be verified, successfully completed your degree then
where possible, by reference to the NARIC we will consider an original letter from the
database or the relevant professional body. institution awarding the degree together
It is the responsibility of the applicant to with your academic transcript.
demonstrate that the qualification equates
to a UK academic qualification. You should 11. The letter from the institution should be
obtain evidence that the qualification on the official headed paper of the
equates to an appropriate British level institution and clearly show:
academic qualification and submit this  Your name; and
evidence with your application.  Title of award; and
 Date of award, confirming that it will be
Evidence required awarded; and
5. Points will only be awarded where  Date that the certificate will be issued
specified evidence is provided to show that If the letter does not state what
you have been awarded the relevant qualification has been
academic or professional qualification from ‘granted’/‘conferred’/‘awarded’ it cannot be

HSMP (11/06) - 21 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

considered as suitable evidence. You should 19. The academic transcript must include:
also supply your academic transcript.  Your name;
 The name of the academic institution;
12. The academic transcript should clearly and
show:  Course details; and
 Your name; and  Confirmation of the award.
 The institution awarding the degree; and
 Your course details; and 20. If the letter/transcript does not state
 Confirm that the qualification has been what qualification has been
awarded. ‘granted’/‘conferred’/ ‘awarded’ it cannot be
considered as suitable evidence.
Exceptional consideration
13. If there are exceptional reasons as to Professional qualification – exceptional
why you are not able to provide either your consideration
original certificate of your award or an 21. In exceptional circumstances we can
original letter from the awarding body then consider evidence of professional
you may request exceptional consideration qualification in the form of a letter from the
of your case. awarding institution together with
confirmation from the appropriate UK
14. Work Permits (UK) may be willing to professional body confirming your
consider alternative evidence in support of qualification’s equivalence to UK academic
your claim for points associated with your levels.
highest level qualification in exceptional
circumstances, such as if you have been 22. If you are claiming points for a
affected by war or natural disaster. professional qualification then you will need
to provide an original letter from the
15. If there are exceptional and compelling professional body that confirms the
reasons as to why you are unable to provide qualification and confirmation from the
the required evidence then you will need to appropriate UK professional body
explain these reasons fully on the confirming your qualification’s equivalence
application form. You will also need to to UK academic levels.
provide alternative supporting evidence as
specified below. 23. The original letter on the headed paper
of the awarding institution from an
16. You should note that unless we are authorised official should show:
satisfied that the reasons you are unable to  Your name; and
provide either an original degree certificate,  The qualification awarded; and
or in the case of individuals who are  The date of the award.
awaiting graduation a letter from the
awarding body, are compelling then we will 24. You should also provide an original
not consider the alternative documentation letter from the appropriate UK professional
submitted. body confirming your qualification’s
equivalence to UK academic levels. The
Academic qualification – exceptional letter from the UK professional body must
consideration confirm:
17. In exceptional circumstances we can  The name of the qualification including
consider evidence of academic qualification the country and awarding body; and
in the form of a letter from the awarding  Which UK academic level it is equivalent
institution AND an academic transcript. to.
18. The original letter on the headed paper
Previous Earnings
of the awarding institution from an
authorised official should show:
Introduction and Points Available
 Your name; and
25. You can claim points for your previous
 The qualification awarded; and earnings obtained from your work.
 The date of the award.
You should also include your academic 26. We will assess your gross earnings
transcript. before tax over a total period of up to 12
months out of the 15 months immediately

HSMP (11/06) - 22 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

prior to your application. The earnings can employers’ signature and stamp on a
be for any 12 month period out of the last printout to authenticate the evidence.
15 months. This applies if you are in
salaried or non-salaried employment. 34. In order to reflect differences in income
levels across the world, the income level
Part-time earnings required to score points varies depending
27. We will consider your total part-time on where you live. Therefore the country
earnings over a period of up to 12 months you have been residing and working in over
in the 15 months prior to your application, this period, rather than your nationality,
and can consider your total earnings from determines the income band.
several jobs over this period. Earnings do
not have to be with a single employer. 35. There are five income bands that have
been set by HM Treasury. You will need to
28. If you wish us to consider several part- convert your earnings into Pounds Sterling
time jobs you should send in sufficient (£) in order to calculate how many points
evidence to establish your earnings for each you can claim.
post individually – that is at least two pieces
of evidence from the list below for each job 36. For example, a Chinese national working
for the relevant period. in India would be required to demonstrate a
minimum annual income level over the
29. It is important to note that not all correct period of £4,900 (once converted to
income will be considered. Unearned Pounds Sterling) in order to score 25 points
income such as dividends from investments for previous income.
(unless it is in a company in which you are
active in day-to-day management), The income levels required
property rental income, and interest on demonstrating the Previous Salary
savings or funds received through an Criteria are:
inheritance are not used when calculating
your income.

30. We will not be able to consider any


allowances paid to you that are not
declared on your pay slips. If the company
you work for pay part of your income in
dividends then you should provide evidence
that this has been declared as earnings (see
Glossary). This should be in the form of
either personal tax returns or the corporate
tax voucher from the company.

31. If shares or dividends are part of your


earnings package they must be shares or
dividends from the company you are
working for or running. You must provide
evidence of the earnings made on the
shares or dividends and evidence that it is
derived from shares or dividends in the
company you work for or run. Dividend
vouchers will only be assessed if they form
part of the earned income and are not
dividends derived from investments.

32. Applicants are required to submit


certified translations where documents such
as payslips are not in English.

33. Applicants who can only provide on-line


payslips will be required to obtain their

HSMP (11/06) - 23 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

Band A countries Band C countries


Andorra; Aruba; Australia; Austria; Belgium; Albania; Algeria; Belarus; Belize; Bolivia;
Bermuda; Canada; Cayman Islands; Bosnia & Herzegovina; Brazil; Bulgaria;
Channel Islands; Denmark; Finland; France; Cape Verde; China (Peoples Republic of);
French Polynesia; Germany; Gibraltar; Colombia; Dominica; Dominican Republic;
Guam; Hong Kong (Province of China); Ecuador; Egypt; El Salvador; Fiji; Gabon;
Iceland; Ireland; Italy; Japan; Kuwait; Guatemala; Honduras; Iran; Jamaica; Jordan;
Liechtenstein; Luxembourg; Monaco; Kazakhstan; Lithuania; Macedonia;
Netherlands; Norway; Qatar; San Marino; Maldives; Marshall Islands; Micronesia;
Singapore; Sweden; Switzerland; United Morocco; Namibia; Nauru; Paraguay; Peru;
Arab Emirates; United Kingdom; United Philippines; Romania; Russian Federation;
States of America; Vatican. Samoa; South Africa; St Vincent & The
Previous earnings (£) points scores Grenadines; Suriname; Swaziland; Syrian
5 pts 10 pts 15 pts 20 pts 25 pts Arab Republic; Thailand; Tonga; Tunisia;
16,000 18,000 20,000 23,000 26,000 Turkey; Turkmenistan; Vanuatu; West Bank
+ + + + + and Gaza.
30 pts 35 pts 40 pts 45 pts Previous earnings (£) points scores
29,000 32,000 35,000 40,000 5 pts 10 pts 15 pts 20 pts 25 pts
+ + + + 5,000+ 5,600+ 6,300+ 7,200+ 8,100+
30 pts 35 pts 40 pts 45 pts
9,100+ 10,000 11,000 12,500
Band B countries + + +
American Samoa; Antigua and Barbuda;
Argentina; Bahamas; Bahrain; Barbados;
Botswana; Brunei Darussalam; Chile; Costa Band D countries
Rica; Croatia; Cyprus; Czech Republic; Angola; Armenia; Azerbaijan; Bangladesh;
Estonia; Faroe Islands; Greece; Greenland; Benin; Bhutan; Cameroon; Comoros; Congo
Grenada; Hungary; Israel; Korea (South); (Republic of); Cote d'Ivoire; Cuba; Djibouti;
Latvia; Lebanon; Libya; Macao, (Province of Equatorial Guinea; Gambia; Georgia;
China); Malaysia; Malta; Mauritius; Mexico; Guinea; Guyana; Haiti; India; Indonesia;
Netherlands Antilles; New Caledonia; New Iraq; Kenya; Kiribati; Lesotho; Mauritania;
Zealand; Northern Mariana Islands; Oman; Moldova; Mongolia; Montenegro; Myanmar;
Palau; Panama; Poland; Portugal; Puerto Nicaragua; Pakistan; Papua New Guinea;
Rico; Saudi Arabia; Seychelles; Slovak Senegal; Serbia; Solomon Islands; Sri Lanka;
Republic; Slovenia; Spain; St Kitts and Sudan; Timor L’Este (East Timor); Ukraine;
Nevis; St Lucia; Taiwan (Province of China); Uzbekistan; Vietnam; Yemen; Zambia;
Trinidad and Tobago; Uruguay; Venezuela; Zimbabwe.
Virgin Islands. Previous earnings (£) points scores
Previous earnings (£) points scores 5 pts 10 pts 15 pts 20 pts 25 pts
5 pts 10 pts 15 pts 20 pts 25 pts 3,000+ 3,400+ 3,800+ 4,300+ 4,900+
7,000+ 8,000+ 9,000+ 10,000 11,500 30 pts 35 pts 40 pts 45 pts
+ + 5,500+ 6,000+ 6,600+ 7,500+
30 pts 35 pts 40 pts 45 pts
12,500 14,000 15,313 17,500 Band E countries
+ + +
Afghanistan; Burkina Faso; Burundi;
Cambodia; Central African Republic; Congo,
(Democratic Republic of); Chad; Eritrea;
Ethiopia; Ghana; Guinea-Bissau; Korea
(North); Kygyz Republic; Lao; Liberia;
Madagascar; Malawi; Mali; Mayotte;
Mozambique; Nepal; Niger; Nigeria;
Rwanda; Sao Tome and Principe; Sierra
Leone; Somalia; Tajikistan; Tanzania; Togo;
Uganda.
Previous earnings (£) points scores
5 pts 10 pts 15 pts 20 pts 25 pts
1,400+ 1,600+ 1,800+ 2,000+ 2,300+
30 pts 35 pts 40 pts 45 pts

HSMP (11/06) - 24 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

2,550+ 2,800+ 3,100+ 3,500+


What if your working pattern does not
fit this model?
37. If you have been unable to earn an
income for the last 12 – 15 months, due to
undertaking full-time study, then we will
consider your earnings for a 12 month
period in the 15 months immediately prior
to you becoming a full-time student. We will
do this for both:
 Current full-time students; this can be
12 months in the 15 months
immediately prior to the period of study;
or
 Recent students who have finished a
full-time course within the previous 12
months can use the period of 12 months
in the 15 months immediately prior to
the period of study.

38. If you have lived and worked in more


than one country during the past 15 months
we will normally assess your income over a
12-month period against the country where
you have spent the longest period, on a
pro-rata basis. For example we consider a
period of up to 12 months in the last 15, so
that if you have spent 8 of the months in
the United Kingdom and 4 in Nigeria, we will
take your earned income in the United
Kingdom, divide it by eight and multiply it
by 12 to give an annual income figure. You
will then be allocated points appropriate to
that figure. You need to submit the
appropriate forms of evidence for
consideration (see below).

39. If you have been seconded overseas


during the last 15 months and your salary
continues to be paid in the normal manner
overseas, the country where you have been
seconded to and working would normally be
considered. In order for us to establish
which country code to consider your
earnings against you will need to provide
evidence of where you have been working
and where your salary has been paid for the
12-month period you wish us to consider.

40. If you are living and working in a


country but having your income paid into a
bank account in another country your
income will be considered against the
country code where you are living and
working.

Evidence Required

Salaried Employment

HSMP (11/06) - 25 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

41. If you are claiming points that relate to application form. You will also need to
salaried employment (including part-time; provide alternative supporting evidence as
temporary; short-term or consultancy work) specified below.
then you will need to provide two pieces of
evidence to support the earnings for which 48. You should note that unless Work
you are claiming points. The two pieces of Permits (UK) is satisfied that the reasons
evidence provided must be consistent with, you are unable to provide either your
and corroborate, each other. income tax return or wage slips to cover the
12 months period for which you are
42. We ask for more than one piece of claiming are compelling then we will not
evidence in these scoring areas because it consider the alternative documentation
is important that we can clearly establish submitted.
your salary. Having different forms of
evidence helps us to do this quickly and 49. If you are not able to provide an income
efficiently. tax return and/or wage slips to cover the 12
months period for which you are claiming
43. In order to demonstrate your total for other reasons, then you will need to
annual salary before tax you should provide provide alternative supporting evidence in
both: the form of:
 Your income tax return. If the tax year  Bank statements showing that you
does not cover the full period claimed received the salary described for the full
other corroborating evidence is required 12 month period; and/or
for the period(s) not covered. Self-  A letter from your (previous) employer/s
assessment tax documents are not confirming that you received the salary
accepted, as they are not independent; for which you are claiming.
 Your wage slips covering the entire 12
months period. 50. The evidence that you provide must be
consistent with, and corroborate, each
44. If you work in a country that does not other.
have a tax system then you should provide
two of the following: 51. If you are claiming points for a period
• Your wage slips to cover the where you have been working as an
period claimed; independent contractor then you may not
• Your bank statements have wage slips covering this period. You
covering the period claimed, as must therefore provide specified alternative
evidence of your income; documents to confirm that the total amount
• A letter from your employer of earnings over the full period claimed
stating your income as claimed. equals the full amount you are claiming
points for. You must provide all of the
Exceptional consideration pieces of evidence from the list below:
45. If there are exceptional reasons as to  Your income tax return. If the tax year
why you are not able to provide either your does not cover the full period claimed
income tax return or your wage slips other corroborating evidence will be
covering the 12 months period for which required for the period(s) not covered.
you are claiming then you may request Self-assessment tax documents are not
exceptional consideration of your case. acceptable, as they are not
independent; and
46. Work Permits (UK) may be willing to  Copies of contracts from your employer
consider alternative evidence specified to cover the period claimed and to total
below in support of your claim for points the amount of earnings claimed. They
associated with your previous earnings in should give details of the employment,
exceptional circumstances, such as if you period of contract and your salary; and
have been affected by war or natural  Invoices from the employers showing
disaster. the actual amounts paid to you; and
 A copy of your bank statements showing
47. If there are exceptional and compelling the payments made by your employers
reasons as to why you are unable to provide to you.
the required evidence then you will need to
explain these reasons fully on the Self-employment

HSMP (11/06) - 26 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

52. If you are not in salaried employment or higher in full-time higher


you must supply an appropriate education in the UK, or at a UK-
combination of the following documents (as based overseas educational
stipulated below) to demonstrate your institution, for at least one full
earnings over the full period claimed. academic year.

53. You must provide both of the following 56. You can only score a total of five points
pieces of evidence to cover the full period in this category. You can not score five
claimed: points for UK earnings and five points for UK
 Your personal tax returns – if the tax qualifications.
year does not cover the full period
claimed, other corroborating evidence is Evidence Required
required for the period(s) not covered. 57. If you successfully claim points for
Self-assessment tax documents are not earnings in the previous earnings category,
accepted as they are not independent; which were earned in the UK then you can
and claim five points for previous UK
 Your personal bank statements. employment. You do not need to provide
In addition to the documents detailed any additional evidence. We will assess the
above, you must supply one of the following evidence supplied in support of your
combinations of documents to cover the full previous earnings score.
period:
 Company audited accounts and 58. You can claim points for UK experience
company tax return (one of these if you have achieved a degree level
documents should confirm the total qualification or above in the last five years
payment that you are claiming); or after studying in the UK for at least one
 Unaudited business/management year or three consecutive terms making up
accounts confirming the total amount a period of a full year. You do not
that you are claiming; plus either necessarily need to be using this
 Business bank statements qualification to claim points in the
and a business tax return; or qualifications points scoring area. However
 Copies of contracts totalling you will need to provide evidence of your
the full amount payable and study as outlined below.
corroborating invoices that show
that you have been paid the amount 59. If you are claiming points for study in
claimed. the UK you must show that the qualification
was:
54. If you wish to claim points for earnings  At bachelors degree level or higher; and
from the period before your full-time study  At a UK-based institution.
you will need to provide the evidence of
salaried or self-employed earnings as 60. You can also claim points in this section
above, plus an original signed letter on the if you studied in the UK at an overseas
headed paper of the institution showing: educational institution with a base in the
 Your name; UK; and
 Dates of study;  Through full-time study in the UK for at
 Number of hours studied per week. least one full academic year or three
continuous terms making up one full
year; and
UK Experience
 Gained during the previous five years;
and
Introduction and Points Available
55. You can claim five points if you have  You were legally entitled to study in the
previous experience of living in the UK if UK during that time.
either:
61. You will need to provide the following
• You have successfully scored
evidence:
points under the previous earnings
category and your earnings were in  A letter from the UK institution stating
the UK; or that:
 you achieved a qualification
• You have studied and
at UK degree level or above; and
graduated at Bachelors degree level

HSMP (11/06) - 27 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

 the degree involved study for greater potential for young highly skilled
at least one full academic year or individuals to be active in the labour market
three continuous terms making up for longer than their older counterparts. The
one full year; and age assessment involves the award of
 this was during the previous points depending on age.
five years; AND
62. In all cases you will also need to provide 68. Points can be claimed as follows:
the original letter of permission from the
Home Office conferring your leave to Age in years Points
enter/remain in the UK as a student. 27 or under 20
28 or 29 10
Exceptional consideration 30 or 31 5
63. If you cannot provide the original letter 32 and over 0
of permission from the Home Office
conferring permission to study in the UK, 69. Points can only be awarded to
then you may request exceptional individuals who are still within the age band
consideration of your case. We may be when we receive their HSMP application.
willing to consider specified alternative
evidence in support of your claim for 70. You should ensure that your application
previous study in the UK in exceptional form reaches us before your birthday if you
circumstances, such as if war or natural are close to passing from one age band into
disaster has affected you. another.

64. If there are exceptional and compelling 71. The office that receives the HSMP
reasons as to why you are unable to provide applications is only open Monday to Friday
the Home Office letter of permission to (8.30am to 4.30pm) excluding public
study, then you will need to explain these holidays.
reasons fully on the application form. You
will also need to provide alternative 72. Any application received by us on or
evidence in the form of: after a birthday that puts you into the next
 Notarised copy of the personal details age category will be assessed according to
page of your passport AND the older category
 Notarised copy of the page that
indicates that you were permitted to 73. Any application received by us on or
study while in the UK. after your birthday can no longer be
considered under the previous age band.
65. You should note that unless we are For example, if you are about to reach your
satisfied that the reasons you are unable to 28th Birthday, and you wish to claim 20
provide your original letter of permission points for being in the 27 or under age
from the Home Office conferring you leave category, you should ensure that your
enter/remain in the UK as a student are applications reaches us by the last working
compelling, then we will not consider the day before your 28th Birthday.
alternative documentation submitted.
Evidence Required
66. Applicants who are able to provide 74. You must provide evidence of your age
evidence of both previous earnings to if you wish to claim any points in this
satisfy the criteria and study in full-time category. We will accept:
education in the UK will only be able to gain  Your original birth certificate; or
a single total bonus of 5 points.  Your original full driving licence.

The Age Assessment Exceptional consideration


75. If there are exceptional reasons as to
Introduction and Points Available why you are not able to provide either of
67. This assessment is intended to these two documents then you may request
recognise that it is more difficult for a highly exceptional consideration of your case. We
skilled young graduate to score maximum may be willing to consider alternative
points in the past earnings category, evidence specified below in support of
compared to an older counterpart with the these points claimed in exceptional
same level of skills. Furthermore, there is a

HSMP (11/06) - 28 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex C – Point scoring areas

circumstances, such as if war or natural


disaster has affected you.

76. If there are exceptional and compelling


reasons as to why you are unable to provide
one of the required pieces of evidence then
you will need to explain these reasons fully
on the application form.

77. You will also need to provide alternative


evidence in the form of a notarised copy of
the personal details page of your passport.
(Please do not send your original passport
with this application form).

78. You should note that unless we are


satisfied that the reasons you are unable to
provide either your original birth certificate
or driving license are compelling then we
will not consider the alternative
documentation submitted.

HSMP (11/06) - 29 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex D – The MBA Provision

Annex D: The Masters in 5. The inclusion of 10 UK institutions


Business Administration (MBA) reflects the commitment these graduates
have already shown to the UK and the
Provision knowledge they have of UK society.
Contents Paragrap This list will be periodically reviewed by HM
h Treasury.
Background 1-5
The MBA Criteria Explained 6-9 The MBA criteria explained
What supporting evidence is 6. To meet the requirements of the MBA
required for the MBA 10-15 provision, and qualify for HSMP approval
Provision? you must:
What if I have graduated on an  Have graduated from an eligible MBA
MBA programme from an 16 programme (see list at Paragraph 20)
institution not on the list? at the time the MBA is on the list of
What if I have graduated from eligible programmes. The first list was
one of the eligible institutions published on 2 December 2004, so the
17
prior to the list being earliest eligible graduation date will be 2
published? December 2004. The date of graduation
What if I have graduated on will be taken as the date on the
another course at one of the 18 graduation certificate.
eligible institutions?  Provide evidence that clearly
What if the list has been demonstrates you have graduated from
updated and the institution I an eligible MBA programme (see list
19
graduated from is no longer on attached). The MBA course must have
the list? been completed. You cannot apply for
MBA Eligible Programmes 20 this provision whilst part way through an
MBA programme.
Background
1. The 2004 Budget announced a new 7. You should complete the MBA Provision
provision for graduates of some of the top section on Page 4 of the HSMP application
business schools to work in the UK upon form, giving details of your qualification and
completing their MBAs. The MBA remains the awarding institution. You are only
one of the most widely recognised and entitled to apply for the MBA provision if the
respected management qualifications. The institution you have graduated from
MBA provision, launched on the 12 April appears on the list of eligible institutions at
2005, is a provision within the Highly Skilled the time you graduated.
Migrant Programme (HSMP). It is intended
to enable the more highly qualified and 8. You must also gain approval in Section
talented managers to come to the UK. Two of the HSMP application form. In this
section you will be required to demonstrate
2. The ‘MBA Eligible Programmes’ that you have the required standard of
document, included at the end of this English language.
annex, lists the 50 eligible MBA
programmes as compiled by HM Treasury. 9. If you have provided sufficient evidence
of your MBA qualification, that the MBA was
3. This is a list of some of the ‘top’ 50 MBA awarded at an eligible institution and we
programmes in the world, and has been are satisfied that you meet the
determined by HM Treasury, based on new requirements of the scheme, you will
criteria, that meet the requirements of the automatically be awarded 75 points. This is
UK economy. the minimum number of points required to
meet the HSMP criteria.
4. The list of eligible institutions contains
10 UK institutions and 40 from the rest of What supporting evidence is required
the world. For more details of the list go to for the MBA Provision?
www.hmtreasury.gov.uk/pre_report/prebud_ 10. Points will only be awarded for the MBA
pbr04/assoc_docs/prebud_pbr04admba.cfm Provision where sufficient original evidence
is provided from the awarding institution to

HSMP (11/06) - 30 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex D – The MBA Provision

demonstrate you have graduated from an 16. If you have graduated on an MBA
eligible MBA programme. programme but the institution is not on the
list of eligible institutions at the time of
11. You should provide an original genuine graduation you will not be entitled to apply
MBA certificate issued by an eligible under the MBA provision. If you still wish to
institution. This should show all of the apply under HSMP then you should
following: complete the standard sections of the HSMP
 the date of the award; application form.
 the Institution awarding the MBA;
 your name. 17. If you have graduated on an MBA
programme from an institution that is on
12. If you have only recently completed the the list of eligible institutions, but you
MBA and the certificate has yet to be graduated before the list was published,
issued, you can provide an original letter, you will not be entitled to apply under the
from your personal tutor (on the MBA provision. If you still wish to apply
institution’s letter headed paper), under HSMP then you should complete the
confirming the details of your qualification. standard sections of the HSMP application
It should show all of the following: form.
 your name;
What if I have graduated on another
 the qualification awarded;
course at one of the eligible
 the date of the award.
institutions?
18. The MBA provision within the HSMP
13. In addition, you should supply an
scheme is only appropriate to MBA
academic transcript clearly showing:
graduates. If you have graduated through
 your name; any other course at one of the eligible
 the Institution awarding the MBA; institutions you are not entitled to apply
 your course details; under the MBA provision. If you still wish to
 confirmation of the award. apply under HSMP then you should
complete the standard sections of the HSMP
No other evidence will be accepted. application form.
14. Only one piece of evidence is required
for the full award of 75 points under the What if the list has been updated and
MBA provision (or the alternative the institution I graduated from is no
exceptional evidence explained in the two longer on the list?
paragraphs above). Due to the importance 19. The list of the 50 eligible institutions will
of this single certificate in the HSMP be reviewed by the Treasury. If you have
consideration, no other evidence will be graduated from an institution that was on
accepted. the list at the time of your graduation but
the institution has since been removed from
15. We aim to consider your application the list you will still be entitled to apply for
swiftly. We must also be confident that the MBA Provision.
applications meet the HSMP criteria and
that the statements in the application form,
and information provided to support those
statements are a true reflection of your
profile and achievements as an applicant.
We may contact the awarding institution in
order to verify the evidence supplied. The
purpose of this check is to verify that the
information provided is a full and accurate
description of the statements made in the
application. Where there is doubt
concerning any of the documents provided
we might be unable to consider that
document as supporting evidence.

What if I have graduated on an MBA


programme from an institution not on
the list?

HSMP (11/06) - 31 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex D – The MBA Provision

China
MBA Eligible Programmes Ceibs

UK Italy
Ashridge SDA Bocconi
Bradford School of Management/Nimbas
City University: Cass Switzerland
Cranfield School of Management IMD
London Business School
Manchester Business School France
University of Cambridge: Judge Insead
University of Oxford: Said
University of Strathclyde Singapore
Warwick Business School Insead
USA Spain
Babson College: Olin Iese Business School
Boston University School of Management Instituto de Empresa
Carnegie Mellon Univerity
Colombia Business School
Netherlands
Cornell University: Johnson
Bradford School of Management/Nimbas
Dartmouth College: Tuck
Rotterdam School of Management
Duke University: Fuqua
Universiteit Nyenrode
Emory University: Goizueta
Gerorgetown University: McDonough
Harvard Business School
MIT: Sloan
New York University: Stern
North Western: Kellogg
Rice University: Jones
Stanford University
UC Berkeley: Haas
UCLA: Anderson
University of Chicago
University of Maryland: Smith
University of Michigan
University of North Carolina: Keenan-Flagler
University of Pennsylvania: Wharton
University of Rochester: Simon
University of Southern California: Marshall
University of Virginia: Darden
Vanderbilt University: Owen
Yale’s School of Management

Australia
Australian Graduate School of Management
Melbourne Business School

Canada
University of Toronto: Rothman
University of Western Ontario: Ivey

Ireland
University College Dublin

Germany
Bradford School of Management/Nimbas

HSMP (11/06) - 32 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex E – The English Language Requirement

Annex E: The English Language


Requirement 6. For higher degrees and
vocational/professional qualifications it is
not possible to establish clearly that such a
Contents Paragrap
qualification would necessarily have been
h
delivered in a manner that would test each
Background 1-2
of the required elements outlined above.
Evidence required 3
IELTS 4-15
Qualification taught in English 16-29
IELTS
7. IELTS, the International English
Previous employment in the
30-32 Language Testing System, is designed to
UK
assess the language ability of candidates
who need to study or work where English is
Background the language of communication. It is jointly
1. Lack of English is considered a managed by University of Cambridge ESOL
significant barrier to taking employment as Examinations (Cambridge ESOL), the British
a highly skilled migrant. In order to qualify Council and IDP: IELTS Australia. IELTS
for HSMP, an applicant must have a good conforms to the highest international
knowledge of English and provide the standards of language assessment. It
appropriate evidence to support this. If covers the four language skills - listening,
they do not provide the required evidence reading, writing and speaking. We will
the application will be refused. accept IELTS test report forms for both the
Academic and General tests.
2. Important: the standard of ability in
English is an absolute requirement. If you 8. IELTS is recognised by universities and
cannot meet this assessment then your employers in many countries. It is also
application will be refused regardless of any recognised by professional bodies,
points you score in section one of your immigration authorities and other
application. government agencies. Please refer to a full
list of recognising organisations on the
Evidence required IELTS website: www.ielts.org.
3. In order to demonstrate the required
knowledge of English, you must provide one 9. IELTS tests are administered at centres
of the following forms of evidence: throughout the world - there are more than
 an IELTS Test Report Form, issued in the 300 centres, in over 100 countries. A full
two years prior to the date that the list of centres is available on the IELTS
application was received by Work website: www.ielts.org.
Permits (UK), at Band 6 or above; or
 evidence that you hold a Bachelors 10. We may seek to verify the information
degree that was taught in English, and from the IELTS Test Report Form from the
is of an equivalent level to a UK awarding body.
Bachelors degree.
11. To establish that you possess an IELTS
4. Please note – whilst a Bachelors degree qualification at Band 6 you must supply the
that meets the requirements specified IELTS Test Report Form.
above will normally be accepted for the
purposes of satisfying the English language 12. The IELTS Test Report Form must be no
requirement of your application, higher more than two years old. This is because we
level degrees (such as Masters or PhDs) and cannot verify results older than two years
professional/vocational qualifications will and also shows the ability level is current.
not.
Qualification at Bachelors degree
5. This is because a Bachelors degree is level that was taught in English
normally taught over a period of at least 13. You will need to provide evidence that
three years, during which time a candidate you hold a Bachelors degree and that the
is required to display a level of competence degree was taught in English. You will need
in each of the four areas – listening, to provide this even if you were taught in a
reading, writing and speaking in English – country where the main language is
equivalent to IELTS 6. English.

HSMP (11/06) - 33 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex E – The English Language Requirement

Evidence required Degree taught in English – exceptional


14. You must provide BOTH of the following: consideration
 The original degree certificate – if you 21. In exceptional circumstances we can
have provided this as part of the consider evidence of your degree taught in
educational experience section please English in the form of a letter from the
indicate this on the application form and awarding institution AND an academic
we will use the same evidence for this transcript.
section; AND
 An original letter from the awarding 22. The original letter on the headed paper
body on the official letter headed paper. of the awarding institution from an
The letter should confirm your name, authorised official should show:
the qualification obtained, the date of  That the degree was taught in English;
the award and whether or not the and
course was taught in English.  Your name; and
 The qualification awarded; and
15. Work Permits (UK) reserves the right to  The date of the award.
verify this information. You should also include your academic
transcript.
16. Please ensure that the contact details
for the awarding body offering this evidence 23. The academic transcript must include:
are up-to-date, because if we need to verify  Your name;
the details and are unable to contact the  The name of the academic institution;
institution we will not accept this evidence. and
If you are relying on this as evidence of  Course details; and
English ability, we will refuse your
 Confirmation of the award.
application.
24. If the letter/transcript does not state
Exceptional consideration
what qualification has been
17. If there are exceptional reasons as to
‘granted’/‘conferred’/ ‘awarded’ and that
why you are not able to provide either the
the qualification was taught in English, it
original certificate of your award or an
cannot be considered as suitable evidence.
original letter from the awarding body then
you may request exceptional consideration
Alternative evidence for applicants
of your case.
without either an IELTS level 6
certificate or a degree taught in
18. We may be willing to consider
English.
alternative evidence in support of your
25. IELTS level 6 is the preferred
claim of English language ability associated
qualification. However, where you have
with your qualification in exceptional
already obtained an English language
circumstances, such as if you have been
certificate equivalent to IELTS 6 prior to
affected by war or natural disaster.
making your application, we will consider
this qualification under certain
19. If there are exceptional and compelling
circumstances.
reasons as to why you are unable to provide
the required evidence then you will need to
26. You must submit the original certificate
explain these reasons fully on the
for consideration with your application.
application form. You will ALSO need to
provide alternative supporting evidence as
27. This alternative English language
specified below.
certificate must be equivalent to IELTS 6.
You are advised to check the equivalence of
20. You should note that unless we are
this qualification prior to making your
satisfied that the reasons why you are
application. We will check the equivalence
unable to provide either an original degree
with NARIC before accepting that it meets
certificate, or in the case of individuals who
the English Language Criteria.
are awaiting graduation a letter from the
awarding body, are compelling then we will
28.We reserve the right to ask for an
not consider the alternative documentation
applicant to undertake an IELTS test in
submitted.
any circumstance where we do not

HSMP (11/06) - 34 -
Highly Skilled Migrant Programme: Guidance for applicants
Annex E – The English Language Requirement

consider that sufficient evidence has


been provided regarding the
applicant’s level of English language.

END OF HSMP GUIDANCE NOTES

© Crown Copyright, 2006: All rights


reserved. Published in the United Kingdom
by the Home Office

HSMP (11/06) - 35 -

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