Immigration to the UK - Work Permits - HSMP visa

Immigration into the UK is a relatively straight forward process and is often inexpensive compared to many countries. In the early 1980s there were 60,000 economic migrants a year coming into the UK , there are now 150,000, making up 10.5% of the UK workforce.

In order to obtain entry into the UK you will need to apply for a visa. A visa is a certificate that is put into your passport. It gives you permission to enter the UK . You will need a visa whether you are visiting, working or studying within the UK . Visas can be granted for six months, one year, five years or even ten years. You can apply for a visa in person, by post or online.

The immigration system in the UK has however recently changed to a points based system, similar to those seen in Canada and Australia . You should use the guidelines of this points system along with your visa to obtain entry to the UK . This points based system makes it easier for high skilled migrant workers to enter the UK but more difficult for those with low skill.

Within this points system you win points for aspects such as educational qualifications, UK degree or professional level qualifications, previous earnings and UK work experience. This change to the immigration process has a five tier framework with each tier having a different number of points in order to gain entry into the UK . Points will be awarded according to set criteria. Immigrants will then be able to assess themselves against the criteria and apply to start the immigration process in whichever tier is appropriate to them.

Tier 1: Highly skilled individuals who will contribute to growth and productivity. Workers in this category will have the most flexibility in the UK and greatest opportunities to settle here for good because the system regards them as having the most potential for generating wealth - such as by setting up companies and creating jobs.

Tier 2: Skilled workers with a job offer to fill gaps in UK labour force. People in this category will be given points on their talents and will be allowed into the UK if they have a job offer that falls into what is known as a shortage area. What is meant by this is an industry sector that is low on skilled workers. Two areas at present that would fall into this category are teaching and nursing.

Tier 3: Limited numbers of low skilled workers needed to fill specific temporary labour shortages. Until now, the government has allowed temporary migration to jobs in hospitality, food processing and agriculture from all over the world. It is now ending these permissions in favour of workers from the expanded European Union, who do not need prior permission to work in the UK . If you want to come to the UK temporarily to do low-skilled work, you would fall into Tier 3 but you will have to be from a country which has effective returns arrangements with the UK and find an employee who will act as your sponsor.

Tier 4: Students wanting to study in the UK. To qualify under this tier you will need to get sponsorship from a university or college. This tier is not coming into effect until 2009 and once in place it aims to make the route to studying in the UK more transparent.

Tier 5: Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives

At present if you wish to apply for work in the UK there are several options open. Which option you use to apply to work in the UK depends on your skills and qualifications. If you are highly skilled with a degree and UK work experience you may wish to apply via the Highly Skilled Migrant Programme (HSMP). This will enable successful applicant's freedom to come to the UK and seek work wherever they choose. By applying via the HSMP you are granted access to the UK for two years but have the possibility of staying for longer if you can prove you are in full time employment when your two years come to an end.

If you are not able to apply to work within the UK under the HSMP there is another route open to you; a work permit. The way in which work permits are arranged for work within the UK is that your potential employer applies for the work permit on your behalf; the work permit is then granted for a particular employee.

You are not permitted to apply for a UK work permit yourself; it has to be done via your employer. It should also be noted that if you are granted a work permit it is not general permission to work anywhere in the UK; it is only specific to the employer who applied for it.

There are certain circumstances in which you don't need to apply for a work permit, these circumstances include:

-Anyone who has been granted Indefinite Leave to Remain in the UK
-People who are in the UK as the spouse of an EEA national
-People who are in the UK as a spouse of a work permit holder
-Commonwealth citizens with ancestry visas - available to commonwealth citizens with a grandparent born in the UK. These are usually issued for a period of four years and after the four years is up a UK candidate is generally eligible for permanent residence

If you don't fall into one of the above categories it most likely means that in order for you to be able to come to the UK to work you need an employer to apply for a work visa. If you are unsure of whether you need a work permit contact Immigration consult today on 0161 975 5781 or email us at info@immigrationconsult.co.uk.

If you are hoping to work in the UK and need a work permit to do so it should be noted that you cant change jobs without changing your work permit. A work permit is specifically given to an employer for you to work in a certain job. If you wish to change jobs you must get a new work permit to do so and again the permit must be applied for by your new employer.

The Highly Skilled Migrant Programme or HSMP as it is commonly known; is a category for entry to the UK. This programme is similar to the programmes seen in both Australia and Canada. It allows people with sought after skills gain successful entry into the UK.

The HSMP has undergone a lot of changes since it was established on 28 January 2002 the Highly Skilled Migrant Programme is one of the most accessible skilled immigration programmes of any "Western Country" in the World. Now in 2008 the HSMP is set to be replaced with the sub-category of tier one of the new tier system. This sub-category will be known as General Highly Skilled Migrants.

Under the current HSMP if you have an MBA from a list of specific universities you automatically get the 75 points needed for entry into the UK. This is generally the only aspect that will change when the HSMP becomes the General Highly Skilled Migrants sub-category.

Under both the HSMP and the General Highly Skilled Migrants sub-category you need to gain a minimum of 75 points from the following five 'scoring' areas:

Age
Educational Qualifications
UK degree level or professional level qualification
Previous Earnings
UK Work Experience

These 75 points are essential to show that you have the sought after skills wanted and needed in the UK. Failure to gain these 75 points will mean that your application to move to the UK under the HSMP or General Highly Skilled Migrants sub-category will be rejected.

Two key differences between the HSMP and General Highly Skilled Migrants sub-category are within the General Highly Skilled Migrants sub-category you can no longer automatically gain 75 points if you have an MBA. Also English language requirements are also more stringent with the General Highly Skilled Migrant sub-category.

You need to have a qualification of at least a bachelor's degree level or equivalent to gain a reasonable number of points for entry to the UK under these categories. Both the HSMP and the General Highly Skilled Migrants sub-category both differ from a work permit scheme as you do not require an employer to obtain a permit for your employment.

Success applicants are granted leave for entry to the UK for a maximum of two years. If you wish to stay on longer in the UK after these two years you need to provide evidence of employment as you need to be working when the two years are up in order to be granted further Residence.