On 14th December 2001 the Home Office announced the introduction of a new programme entitled the Highly Skilled Migrant Programme designed to enable talented individuals with exceptional skills enter the UK. Applications will be accepted from the 28th January 2002, permitting individuals with outstanding personal skills and experience to come to the UK to seek and undertake work. The programme is aimed at those who are at the top of their career and wish to establish themselves in the UK. If an application succeeds it will entitle the applicant to remain in the UK for up to 12 months in the first instance.
This scheme represents a departure from previous Government initiatives, as the programme has been specifically designed to allow individuals to seek entry to the UK without having a prior offer of employment. Furthermore, applications may be filed by individuals based either outside or, in certain circumstances, within the UK. This contrasts with the established work permit scheme, under which a UK based employer has to obtain a permit before an individual can work in the UK.
To qualify under the programme, individuals will need to provide evidence that they score 75 points or more in designated categories linked to their educational qualifications, work experience and past earnings. The higher the level of achievement, the more points will be awarded. For example, 15 points will be available for a first degree whilst 30 points will be given for a PhD. Points will also awarded for exceptional or significant achievement in the individual's chosen field of work, such as an invention which is likely to be commercially successful or a lifetime achievement from an industrial body.
When assessing an individual's work experience, consideration will be given to the level of experience and length of time worked. Although applicants will need to demonstrate a minimum earned income in their country of residence, the method of assessment has been designed to reflect the disparity between income levels in different countries. Accordingly, the level of income required will vary depending on where the individual resides. The minimum income threshold is far lower for applicants from countries such as India and China than for applicants from Australia and the USA.
In addition to scoring at least 75 points, to make a successful application it will be necessary for individuals to provide evidence that they will be able to continue to work in their chosen field, that they have sufficient income to support themselves and their family, and that they are willing and able to make the UK their main home. CMS Cameron McKenna has a number of clients who have expressed interest in the programme and the Immigration Team is currently preparing several applications for submission at the end of January. Should you wish to obtain further information or advice concerning this new programme please contact Immigration partner Julia Onslow-Cole.
Phone: +44 (0)20 7367 2733
e-mail: [email protected]
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