Q.
Can I make an HSMP application if I am currently living and working in UK?
A.
No. Only applications from outside UK (excluding India) can be submitted under the Highly Skilled Migrant Programme. Applications from within the UK must be made to switch to Tier 1 General.
Q.
I am living in the UK under a working holiday maker visa. Can I switch to Tier 1 General?
A.
No. Unfortunately working holiday maker visa holders are not able to switch to Tier 1 while in the UK. They will need to make an external application for HSMP instead as well as an application for entry clearance to return to UK if their HSMP application is successful.
HSMP Applications from Outside UK
Q.
I am living in India. Can I still make an HSMP application?
A.
No. Indian residents must now make a Tier 1 General application. HSMP is no longer available for applications from India. Unfortunately we are unable to support Tier 1 General applications made from outside UK. Instead we advise you to visit the UK Border Agency website at www.ukba.homeoffice.gov.uk for full information about the Tier 1 General application and for access to their Self Assessment points calculator.
Q.
How many points do I need now?
A.
75 points.
Q.
What points can I now claim?
A.
The recent changes have removed the points claims for work experience, achievement, partner achievement and medical priority. The points categories are now: MBA Provision (75 points) or Education (maximum 50 points), Previous Earnings (maximum 45 points), UK Experience (maximum 5 points), and Age Assessment (maximum 20 points).
Q.
Are there any other mandatory requirements for making an application?
A.
Yes. You must be able to show English Language proficiency at either IELTS band 6 or above issued during the past 2 years or a Bachelor degree taught in English, where the Bachelor degree is equivalent to a UK Bachelor degree.
Q.
If my application isn't successful can I still apply for a review?
A.
Yes. Unfortunately only ONE review is allowed per application.
GENERAL QUESTIONS
Q.
What is the current Government processing time for HSMP?
A.
The Government are currently processing straightforward HSMP applications in 5 to 6 weeks. Any applications that require additional verification are taking a little longer.
Q. I have been studying for the past year and cannot show earnings for that
period. Will my salary before studying be taken into account?
A. If you have been a full-time student in the past 15 months, 12 months of your earnings during the 15 months immediately prior to you becoming a student can be taken into account.
Q. How much money do I need to bring with me to the United Kingdom?
A. There is no set amount because it’ll depend on your personal circumstances. However, you must show that you have investigated what the costs will be to support yourself and your family and the amount you are bringing with you must be sufficient to ensure that you and your family are able to find appropriate accommodation without the need to access UK public funds while you look for work. The Entry Clearance Officer will assess this for applications made abroad.
Q. What are UK public funds?
A. The current meaning of ‘public funds’ relates to welfare systems. The current definition is: Income Support, Income-based Jobseekers' Allowance (JSA), Housing and Homelessness assistance, Housing Benefit and Council Tax Benefit, Child Benefit, Attendance Allowance, Severe Disablement Allowance, Carer's Allowance, Disability Living Allowance, Working Tax credit or a social fund payment, Child Tax Credit and State Pensions Credit.
Q.
Will my original documents be returned?
A. Yes. The Home Office will return your original documents when they issue the Decision Letter. If we have acted as your representative for your application then the documents will be returned to us by Registered post and we will then arrange to return them to you. To date, we have had only one case where the Home Office have mislaid an original document. As partial insurance against any unforseen loss, we recommend that applicants obtain notarised copies of any important original documents and retain these copies while their application is being processed.
Q. Do I need a job before coming to the United Kingdom?
A. No.
For this Program you do not need a job before entering the United Kingdom. However, any efforts you have made to find a job such as arranging interviews, etc will help with the assessment of your application.
Q. How much evidence do I need to supply?
A. The amount will vary depending on your application form. However, in all cases, it should be of a high standard, original, with certified translations if not already in English, and relevant to your application.
Q. Why do I need more than one form of evidence for salary?
A. It is important that the HSMP Team are able to clearly establish your salary. Having more than one source for evidence helps them to do this. It has become essential to be able to confirm that your earnings have been declared for taxation so being able to provide wage slips and income tax returns is important. If tax is not applicable in your country of residence then wage slips and bank statements may help establish your case.
Q. Is Private Medical Insurance a compulsory requirement of the Program?
A.
No. However, it is important that you mention any pre-existing medical condition that may affect your ability to support yourself, or that may affect your financial stability if expensive treatment is required. This may be an issue when applying for your entry clearance.
Q.
What happens if my application is successful?
A.
If your application is successful you will receive an HSMP approval letter and you can then move into the second stage of the process. This means you can apply for entry clearance to come to the UK on the basis of the HSMP approval. Please note that a successful HSMP application does not automatically guarantee approval of your entry clearance.
Q. How long can I stay in the UK if I enter as a skilled migrant?
A. You will initially be given a visa valid for either 1 or up to 2 years. If you then want to remain in the UK under the Program you can apply for an ‘extension of stay’ in the last month before expiry of your permission to stay. After a total of 5 years in the UK under the program you can apply for settlement.
Q. Can my family come with me to the United Kingdom?
A.
Yes, you can apply for your spouse and dependent children (aged under 18)
to come with you. They must obtain entry clearance before they can travel to the UK and you will need to show that you can support them in the UK.
Q. Can my spouse work in the United Kingdom?
A.
Yes. If your spouse obtains entry clearance and is granted leave to enter as your dependent then they will be able to undertake employment.
Q.
If I am applying for entry clearance following a successful HSMP application is there a time limit for making this application and moving to the UK?
A.
Yes, applications for entry clearance must ordinarily be submitted within 6 months of the approval of the HSMP application. They are submitted to the British Embassy, High Commission or Consulate in either your country of origin or your country of residence at the time you made your HSMP application. You will not normally be allowed to submit an application for entry clearance in a country were you are based as a visitor or other temporary status. If you are unsure of where to apply any UK mission will be able to advise you. The main criteria for the entry clearance under HSMP is providing evidence that you will be able to support yourself when you first arrive in the UK.
Q.
When applying for Entry Clearance is HSMP considered a work permit on the form?
A.
No, HSMP is classified as 'permit-free' employment for the purposes of the Entry Clearance application. This means that you do not tick the boxes described as 'work permit'. In Section 1 of the current form (VAF1) you indicate 'Other' as your reason for a permit and you enter 'HSMP' as the explanation of 'Other'. In Section 7 of the current form you do not have to input job details if you have not already secured a job offer, and you are not applying as a work permit holder.
MBA PROVISION
Q.
What is the MBA Provision?
A.
The 2004 Budget announced a new provision for graduates from some of the top business schools to work in the UK upon completion of their MBAs. The MBA provision was launched on 12 April 2005 as a provision within the Highly Skilled Migrant Programme. The Government have identified 50 business schools that are currently eligible, dated from 2 December 2004. This list will be updated regularly and schools may be added or removed depending on whether they satisfy the criteria. In order to qualify for the MBA provision you must have graduated with an MBA from one of the schools while it is on the list (i.e. currently that means graduated on or after 2 December 2004). You are only entitled to apply for the MBA provision if the institute you have graduated from appears on the list of eligible institutions at the time you graduated. You must also be able to show that you are able to support yourself and your family without recourse to public funds while settling yourself in the UK. If you have provided sufficient evidence of your MBA qualification, the MBA was awarded at an eligible institution and the HSMP team is satisfied that you meet the requirements of the scheme, you will automatically be awarded 65 points.
Q.
How is the date of graduation determined?
A.
The date of graduation is the date on the graduation certificate. You cannot submit an application claim for MBA provision until you have completed the course. If you have recently completed the MBA and the certificate has yet to be issued, you can provide an original academic reference from your personal tutor (on institute letter-headed paper). The date of the letter will be the date considered as the graduation date.
Q.
What supporting evidence is required for the MBA provision?
A.
Points will only be awarded where sufficient ORIGINAL evidence has been provided from the awarding institution to confirm that you have graduated from an eligible MBA programme. This means providing an original genuine MBA certificate issued by an eligible institute. If you are presenting an original academic reference from your personal tutor on institute letter-head the reference must confirm the details of your qualification and clearly demonstrate that an eligible MBA has been successfully completed and that you are awaiting the graduation ceremony.
Q.
What if I have graduated on an MBA programme from an institute not on the list?
A.
If you have graduated from an MBA programme but the institute is not on the list of eligible institutes at the time of graduation you will not be entitled to apply under the MBA provision. If you still wish to apply under HSMP then you should complete the standard sections of the HSMP application form.
Q.
What if I graduated from one of the eligible institutions prior to the list being published?
A.
Unfortunately you will not be eligible to apply for the MBA provision. If you still wish to apply for HSMP then you should complete the standard sections of the form.
Q.
What if I have graduated on another course at one of the eligible institutions?
A.
The MBA provision within the HSMP scheme is only available to MBA graduates. Unfortunately any other course graduation from an eligible school will not be accepted for the MBA provision.
Q.
What if the list has been updated and the institute I graduated from is no longer on the list?
A.
The list of the 50 eligible institutions will be reviewed and republished by the Treasury annually. If you have graduated from an institution that was on the list at the time of your graduation but has since been removed from the list then you are still entitled to apply for the MBA provision. If you were studying for your MBA at an institution while it was on the list but it is no longer on the list when you graduate then you will not be entitled to apply for the MBA provision.
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