Home Department written statement – made at on 7 November 2006.
Liam Byrne
Minister of State (Home Office) (Immigration, Citizenship and Nationality)
I am today announcing changes which the Home Office is making to the Highly Skilled Migrant Programme.
We believe that properly managed migration is in the interests of the UK and that we should aim to attract the brightest and the best from around the globe. The Highly Skilled Migrant Programme (HSMP), which was launched in 2002, has played a crucial role in ensuring that we do this. It allows individuals with exceptional skills to come to the United Kingdom to seek work or opportunities for self-employment. Highly skilled migrants contribute to the economy and help to create opportunities for UK workers. The UK has benefited from the contribution which they make and it is important that we continue to do so.
That is why we are making changes to the programme today, which will build on its past success to make it more effective in attracting the most highly skilled migrants to the UK. We will do this by introducing more objective and transparent criteria which lead to the award of points under the scheme. Some of the current points scoring criteria are subjective, and so are difficult for prospective applicants to measure themselves against and for caseworkers to judge. We are replacing them with a set of more objective attributes, which will award points for previous academic and professional qualifications, previous earnings, and age, as well as bonus points for previous work (or study, in some cases) in the UK. Holders of MBA degrees from certain institutions will still be able to receive all of the points necessary to be approved, for having that qualification. We are also introducing a mandatory English language requirement, outside the points structure, for both initial and extension applications under HSMP. It is right that those who come to work in highly skilled jobs should be able to speak English, which is integral to labour market success.
We are also making a change to the requirements for those who have already been granted leave under HSMP and who apply to extend it. The current extension test is that applicants should have taken all reasonable steps to become lawfully economically active in the UK. We are replacing this with a points test and a mandatory English language requirement, similar to those faced by applicants applying to the programme for the first time. These tests will make it easier to curtail abuse within the scheme and will ensure that applicants who are granted further leave under the HSMP have demonstrated their ability to make a contribution to our economy.
I am also announcing new rules relating to the verification of documents submitted in HSMP applications. This will give entry clearance officers and caseworkers three key new powers:
We will specify the documents which applicants are required to provide as evidence of their points claims and of their English language ability. This is to ensure that we are able to verify documents independently, and will help to discourage abusive applications. It will also make the application process easier for 'bona fide' applicants, maintaining the UK's competitive advantage as a destination for high achievers.
We will now refuse applications outright when documents which are not genuine have been submitted, whether or not they are material to the application. Such applicants should not be able to qualify under the scheme and are unlikely to benefit the UK.
We will also be able to refuse cases where we have reasonable grounds to suspect that documents are not genuine, which remain after we have applied verification checks.
These policies will not disadvantage genuine applicants, but will help to ensure that the scheme is both robust against abuse and targeted towards those who will benefit the UK.
We will make sure that the amended programme is kept under review.
As of tomorrow, the current HSMP rules will be deleted and the programme will then be suspended for 27 days. We are taking these steps to avoid a rush of speculative applications by people who would wish their applications to be considered under the old rules, which is what happened after the publication of the Command Paper on the points-based system. The suspension will enable us to make the transition effectively to the new rules and ensure that current levels of customer service are maintained when the new arrangements are introduced. In the interests of good customer service, we have made sure that this will not disadvantage applicants substantively. Applications made for leave to remain under HSMP during the suspension period will not be returned; they will be accepted as valid and will be considered against the new rules after the suspension period. This means that nobody's leave will expire because of the suspension, provided that they make in-time applications. Migrants in this situation will also be given the chance to submit new evidence to show that they meet the new rules. Guidance on the new arrangements will be published tomorrow.
We also recognise that there will be people who are currently working or self-employed in the UK, but who may not be able to meet the new test for extending their leave. Many of these people will have been of real benefit to the UK, and we do not want to lose their contribution. We are therefore introducing specific transitional arrangements for people who have been self-employed or working as an independent contractor, but who will not be able to extend their leave under the new test. For people who have been employed, but cannot extend their leave under HSMP, we will make it easier for them to switch into work permit employment.
These changes are good for applicants, because they will make the application process easier, clearer and more objective. They are good for the UK, because they will keep us competitive in attracting skilled workers who will be successful in the labour market. And they are good for employers, who will be more able to recruit highly skilled migrants. They will therefore bring HSMP closer in line with the Government's aims for migration, including supporting an objective set by the IND Review to 'boost Britain's economy by bringing the right skills here from around the world'. These changes will ensure that the HSMP remains one of our flagship immigration schemes. And I am confident that they will help us to maintain public confidence in our immigration system, and to make the case for managed migration where it is in the interests of the UK.
A Statement of Changes in the Immigration Rules, and Amendments to the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006, are being laid before Parliament today to give effect to these changes.
Annotations
Baskaran Kumarasamy
Posted on 18 Nov 2006 6:53 pm (Report this annotation)
Dear All,
I do not feel that these changes to skilled migrant can effectively solve immigration problems, because:
• Instead of dealing with criminals and removing illegal immigrants from this country, the new changes aim at delaying skilled people integration into the society.
• Instead of finding effective means for border control, the new changes make life more difficult for law-abiding trained professionals, including doctors and nurses who work hard to improve the country's skill shortages.
• Instead of enforcing existing laws, new laws are being introduced. One of such new laws was the so-called sham marriage law that was so unjust that got eventually ruled by the High Court for breaching human rights!
Regards,
Baski
mi hsmp
Posted on 18 Nov 2006 7:46 pm (Report this annotation)
Hi, I am a person adversely effected by new changes to HSMP extension rules announced by Liam Byrne on 7th of November. I have applied for my extension on 7th of November and it reached WorkPermit UK office on 8th. They said my application will come under new rules.
have come outside the UK and working in 'SKILLED JOBS' to show 8 months experience. I know they are asking to change to Work Permit, but changing status to Work Permit is a heavy pain both for us and for employers.
THEY DONT WANT TO AMEND THE RULES. WE ARE SLEEPING SAFE AND SECURE, AND NEW RETROSPECTIVE IMMIGRATION RULES ARE LIVE NIGHT MARES. PLEAE PLEASE PLEASE PLEASE UNDERSTAND OUR MENTAL AGONY.
rash singh
Posted on 18 Nov 2006 9:28 pm (Report this annotation)
hi!!
I totally agree with Bhaskaran.These rules wil not solve any immigration problem. If the government of UK really wants to get rid of the overflow of immigrants, first it should get rid of illegal immigrants who are not at all doing any good to the economy.
The new changed rules for HSMP are really impractical.
After your arrival to the UK, it takes about 3-4 or sometimes even 6 months to land up with a good job, doesn't matter how highly skilled you are. The employers often prefer to recruit employees who are having the same kind of experience, but earned in the UK. Which clearly is, not possible for a first time immigrant. And at the end of their leave, when one applies for an extension, according to the new criteria, the government asks to provide 12 months wage slip with a certain level of income, which is NOT AT ALL POSSIBLE!
As a condition for the initial application, one is asked to make UK his home and there are some people who have actually left everthing back, including their career, houses and good lives in the hope of settling down in the UK.
Isnt't unfair to them?
To the extent, it would still be fair and can be understood if the homeoffice implements these new rules and set it for the people who will make their initial applications in the future but enforcing these new rules on the people who are already on HSMP and after one or two years of struggle and hard work, when they are just getting integrated in the society and enriching the economy, IS COMPLETE INJUSTICE!
Wasn't being economically active the only condition for the extension then? Can they change everything going back and create more points now in just a couple of months now? Can you reduce your age? Can you double or triple your salary to get more points? Instead, they are robbed off the points they had like for skilled spouse and work experience..
It's simply cheating with people who planned their lives according to the contemperory rules and now directly being asked to leave..
UK is called a wellfare nation where people can get asylum and seek benefits even if they are not doing any good to this land and many of them actually are well off now. But why skilled people who are working hard, paying taxes and have not even access to the public funds should be the sufferers?
Can someone answer this?
marky mark
Posted on 20 Nov 2006 8:22 am (Report this annotation)
This cant be right. Who is this liam byrne? I had never heard of him before he made this draconian change to the rules. Even countries ruled by dictators wouldnt implement laws like this. How can you apply a new rule retrospectively when it doesnt serve any useful purpose in the short or long term. HSMP holders came here legally at the 'invitation' of the UK government and like the previous writer wrote they sacrifised a lot to come here. They left established jobs and secure lives back in their respective countries to start afresh in the UK. These new rules will adversely affect about '3500' people, that doesnt include their dependants. What good does forcing out about 10,000 legally resident people in the country do for the government in the long or short term when there are over 2 million illegals and asylum seekers living in the counry. I think the retrospective application is plain daft and caters to the need of parties such as the BNP and the NF. The government wants to be seen at doing something in the eyes of these far right parties. I am so angry because I left a stable job and family life back home about 10 months ago and now that liam byrne has moved the goalposts during the game I have a bleak future in this country. I will have to relocate back home in 2 months with nothing to return to and thousands of pounds in debt. Liam byrne I hope you reconsider your plans for this rule to be applied retrospectively as it is unfair and unjust. Put yourself and your family in my shoes and think about how it feels. You still have the chance to be magnanimous and amend the rules so that they only apply to new applicants.
Mark
Mark Bestford
Posted on 20 Nov 2006 11:13 am (Report this annotation)
Mark, you raise another issue as well, the fact that a lot of skilled foreign workers who will be forced to move back will have to go back potentially with a lot of debt accrued through their search for work, the costs of moving to the UK and the costs of moving back to their home countries. This is a level of debt that for a UK resident may seem like nothing, easily covered by regular work in a skilled profession. Take that work away and force someone to return home and what was an easily manageable debt now becomes a crippling burden that could very easily drive someone into the bleakest poverty.
The criteria should be simple, once in this country if a person is in employment the points system should be waived. They've done what was needed, they have a job that supports them and their family.
Stop targetting the people that are a benefit to this country. Stop targetting asylum seekers who come here to seek a better life, escaping from extreme poverty and repression. Do target illegal immigrants who care nothing for this country. I see no proposals designed at targetting illegal immigration, only at limiting those who have a right to be here. IMO this government hasn't got a clue what it's doing.