IMMIGRATION
AND NATIONALITY UPDATE – NOVEMBER
2004
1. THE HIGHLY SKILLED MIGRANT PROGRAMME (HSMP)
This
programme is aimed at attracting
qualified graduate level foreign
workers to the UK. It is based
on the individual achieving a specific
number of points, calculated primarily
by reference to the individual’s
educational qualifications, work
experience and last 12 months’ earnings.
These applications are currently
taking up to 26 weeks to process.
Notwithstanding this time delay,
the programme is very attractive
to applicants since, if successful,
they are able to take up any employment
in the UK or establish themselves
in self-employment without restriction,
for an initial period of 12 months.
Contrast this with a Work Permit,
where the employee is restricted
to working for a specific company.
Prospective
applicants should be aware, however,
that there are
currently proposals before the
Immigration Minister to change
the criteria of the scheme. These
will almost certainly result in
the criteria of the scheme being
tightened. There are also proposals
to increase the current application
fee of £150 to between £320-375.
Our recommendation, therefore,
is that if you are aware of applicants
who are thinking of making these
applications, they should do so
sooner, rather than later.
2. SWITCHING IMMIGRATION
CATEGORIES
As a result of new regulations
which came into force on 1 October
2004,it is now much more difficult
for certain categories of immigrants
to switch from their current category
to that of Work Permit Holder or
Highly Skilled Migrant.
Visitors are restricted altogether
from switching into these categories
and only those students who have
successfully graduated in the UK
are now able to do so.
These new restrictions do not,
however, prevent Companies from
applying for Work Permits for individuals
currently in country in these categories,
or from the individuals themselves
applying for Highly Skilled Migrant
status. If they are successful,
they will then need to return to
their countries of residence, (if
they have not already done so)
to apply for entry clearance to
enter the UK on the basis of the
Work Permit or HSMP approval.
3. FURTHER LEAVE TO REMAIN APPLICATIONS-“AN
INTERIM ARRANGEMENT”
For various reasons, a long delay
has built up at WPUK in dealing
with these applications and the
backlog now runs to about 13 weeks.
It is possible, however, to try
to expedite the process in certain
circumstances.
WPUK
have recently introduced an interim
arrangement. Existing
work permit holders, who have successfully
applied for a new work permit with
a different employer, can commence
work with the new employer without
having ‘Further Leave to
Remain’ approved. This is
on the basis that they make an
application for further leave before
their existing leave expires, or
within six months, whichever is
the sooner.
While every effort has been
made to ensure the accuracy of
this article, the author, partners
and staff of Landau Zeffertt
Weir do not accept any responsibility
for any error or inaccuracies
contained in it. Each person's
circumstances vary, and one should
always seek specialist legal
advice before taking any action
that is the subject of this article.
For further information regarding
the above issues or any other Immigration
matter, please contact: -
Mark Barnett or
Sushma Gobindram
mark.barnett@lawserve.co.uk or sushma.gobindram@lawserve.co.uk
Landau Zeffertt Weir Solicitors
10 Bickels Yard
151-153 Bermondsey Street
London Bridge
London SE1 3HA
Tel: 020 7357 9494
Fax: 020 7357 9696
www.lawserve.co.uk
