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Frequently Asked Questions About HSMP

Basic questions

Who can apply ?
Any person who is working as a specialist or at a senior level or a well paid individual can apply. This means even secretaries, sales officers, etc can apply.

How long will it take to process my application ?
Minimum 3 months.
   
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What is the application fee ?
GBP 315/- (approx. Rs.34,000/-)

What if the scheme changes
All applications will be treated on the basis of the HSMP provisions at the time that they were submitted. In other words, no retrospective lapsing of applications.

How much money do I need to bring with me to the United Kingdom
There is no set amount of money you need to bring with you; it will depend on your personal circumstances.

Do I need a job before coming to the United Kingdom
No, you do not need a job before entering the United Kingdom as a highly skilled migrant.

What kind of work can I do
You can undertake any work, for example it could be as an employee, a contract worker or on a self-employed basis or a combination of these. It will usually be expected that you will be lawfully economically active when you apply to extend your stay in the UK under the programme. However if you have been unable to put your business or employment plans into operation we will expect you to provide evidence that you have taken all reasonable steps to become lawfully economically active.

Can my spouse/unmarried partner work in the United Kingdom
Yes. If your spouse or unmarried partner obtains entry clearance and is granted leave to enter as your dependant they will be able to seek and take employment. However,that employment must not be necessary to support you or any other dependents.

How long can I stay in the UK if I enter as a skilled migrant
You will initially be given 12 months stay. If you want to remain in the UK under the HSMP, you should apply for an extension of your stay in the last month before the expiry of your permission to stay in the UK. After four years in the UK as a highly skilled migrant you can apply for settlement. The main criteria for settlement will be that you have spent a continuous period of four years in the UK (except for trips abroad of three months or less, totalling less than six months in the four year period)in a category leading to settlement and that you continue to be economically active in the UK as a highly skilled migrant.

What will I need to do to qualify to stay after the first 12 months
You will need to show that you are lawfully economically active or, if you are not, that you have taken all reasonable steps to become lawfully economically active (e.g. evidence of several job application forms or a business plan).

Do I have to place my children in private schools
No, dependent children up to the age of 18 who enter with you will be able to attend UK primary and secondary state education. Children that attain the age of 18 whilst a parent is in the UK under the HSMP scheme will not be eligible for free higher education. The level of fees charged for those going into higher education will vary. The fees charged will be decided by the individual higher education establishment and the local authority where you are living. Successful applicants with dependent children should contact the local education authority where they intend to live and the higher education establishment they wish their dependants to study at for further information on this.

FAQs related to work experience...definitions

What do you mean by graduate level work experience
This means experience working in a post that normally requires the holder to have a degree.You do not have to have a degree but the post you hold will normally require one and you will have demonstrated through your experience that you have the necessary appropriate skills to work at that level.

What is a specialist or senior level role within a company
Senior level work experience would normally be a role at board level in a small company,in a larger business it may be as a department head or leader of project management team.Those working in academia may have run a department or lead a research team.We are likely to consider those who run their own businesses that employ a number of staff as demonstrating senior level work experience. A specialist position is normally envisaged to be one that may not have any particular managerial role but requires a very high level of technical or artistic expertise.

I have been studying for the past year,and cannot show earnings for that period.Will my salary before studying be taken into account
Where you have been a full time student in the last 12 months,we will count your earnings for the 12 months immediately prior to you becoming a student.

What do you mean by significant achievement in my chosen field
Normally,this will mean that your work in your chosen career has been acknowledged by your peers and has contributed significantly to the development of your field. This could be through an acknowledged breakthrough in your field of expertise with a piece of original published research,a recognised artistic achievement,a lifetime achievement award from an industry body,or an invention which is likely to or has been commercially successful. What amounts to a significant achievement will of course vary from industry to industry and the stage of a person ’s career. A 22 year old who has recently won a national award,could be said to have achieved significantly in their field,whereas a 40 year old who won that same award 20 years ago but has not followed up that level of achievement in their subsequent career would not be considered as making a significant achievement.

How is this different to exceptional achievement
Those demonstrating exceptional achievement will be at the very top of their chosen profession,be recognised as an international expert in their field even by those outside the profession,and have received international recognition.

What is a Young Person assessment
This is a new category for HSMP applicants who are under 28 years of age.It involves separate criteria for work experience and past earnings to the standard HSMP assessment and an age allowance of 5 points for all applicants under 28 years of age.

Why have you introduced an allowance for having a skilled partner
In recognition of the contribution skilled spouses and long term partners can make to the UK economy given their ability to work here. The requirement for the partner to have a degree or be in a graduate level post reflects the likely greater contribution of those spouses/unmarried partners with skills at degree level. Naturally in order to receive the allowance the spouse/partner must accompany or join the highly skilled migrant applicant. The spouse/partner must also not already have permanent residence in the UK.

What do you mean by being able to continue my chosen career
Even if you have the relevant overseas qualifications,you may not be able to pursue a profession in the UK for a number of reasons.For example UK legislation or industry regulations may require specific qualifications to work. (e.g.doctors)or you may need language skills at a specific level.To make an accurate assessment of your ability to contribute to and benefit from coming to the UK we need to be confident that you will be able to continue to do the type of work you do in your home country.

FAQs related to Appeals

Can I appeal if my application is unsuccessful
Applications from outside of the UK:there is no right of appeal for unsuccessful entry clearance applicants under Section 88(2)(b)of the Nationality Immigration and Asylum Act 2002.However you do have the ability to ask the HSMP casework team to review an adverse decision in respect of eligibility under the Highly Skilled Migrant Programme.A maximum of two reviews may be requested.

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