Extending HSMP Visas

Introduction

Recent changes to the Highly Skilled Migrant Programme have affected getting an HSMP visa extension. Previously, an applicant had to show that they took every effort to become economically active in the UK during their initial stay under HSMP. With the HSMP changes of 7 November 2006, applicants must re-qualify under the revised points based system with 75 points and be able to pass an English Language test.

Please see our Detailed Guide to HSMP for more information on how the points based system works. The points based system for HSMP extensions has some differences from the points based system for initial applicants; mainly in Earning Power, Age Assessment, and the ability to claim UK Experience (see below).

Normal grants of extension are for a period of three years.

FLR(HSMP) Form

There is a need to fill out a FLR(HSMP) form before an applicant's current leave expires. It is important to prepare for your HSMP extension two months before your expiration date.

The fee for an FLR(HSMP) application for HSMP extensions is Ł335.

In accordance with the 1961 Council of Europe Charter or the 1996 European Social Charter (revised), nationals of countries which have signed and ratified the charter are exempted from the requirement to pay the fee for FLR(IED) and FLR (HSMP) applications. Therefore, individuals making applications for IED LTR who are nationals of Albania, Andorra, Armenia, Azerbaijan, Bulgaria, Croatia, Georgia, Moldova, the former Yugoslav Republic of Macedonia, Romania, Turkey and Ukraine.

Age Assessment

Those applying for an extension get a two-year ceiling added to the Age criteria to get the same amount of points as initial applicants.

29 years of age or under	20 points
30 or 31 years of age	10 points
32 or 33 years of age years of age	5 points
34 years of age or over	0 points

Previous Earning Power

Previous Earning Power will now depend on how long your previous HSMP visa was granted, rather than the country you were a national of before your initial HSMP application.

If your initial HSMP visa was granted for more than 12 months, then your past gross earnings before tax are based on a continuous 12 month period during the 15 months immediately prior to submission for extension.

If your initial HSMP visa was for a period less than 12 months, then your previous earnings are for a continuous 8 month period within the 12 months immediately prior to submission for extension.

Previous HSMP period greater than 12 months

Pervious Earnings (12 month earning period)	Points Available
Ł40,000+	45
Ł35,000 - Ł39,000	40
Ł32,000 - Ł34,999	35
Ł29,000 - Ł31,999	30
Ł26,000 - Ł28,999	25
Ł23,000 - Ł25,999	20
Ł20,000 - Ł22,999	15
Ł18,000 - Ł19,999	10
Ł16,000 - Ł17,999	5

Previous HSMP period of less than 12 months

Previous Earnings (8 month earning period)	Points Available
Ł26,500+	45
Ł23,300 - Ł26,499	40
Ł21,300 - Ł23,299	35
Ł19,300 - Ł21,299	30
Ł17,300 - Ł19,299	25
Ł15,300 - Ł17,299	20
Ł13,300 - Ł15,299	15
Ł12,000 - Ł13,299	10
Ł10,650 - Ł11,999	5

UK Experience

Those applying for an HSMP Extension can now claim UK Experience under certain conditions:

The applicant will earn 5 points if the previous HSMP visa was for greater than 12 months and they earned at least Ł16,000 from the Previous Earning Power category.

The applicant will earn 5 points if the previous HSMP visa was for less than 12 months and they earned at least Ł10,650 from the Previous Earning Power category.

HSMP Extension Calculator

You can easily test whether you qualify for an extension by using our HSMP Extension Calculator. Similar to our points calculator used to assess eligibility for first time applicants, this version is specially tailored for those who wish to test whether they qualify for an extension. It implements the requirements described above.

Transitional Arrangements for Those Who Do Not Qualify

Please be aware that the government has developed transitional arrangements to aid those that fail to meet the new requirements but are making a useful contribution to the UK. They are as follows:

Non self-employed persons

People working in a skilled job who do not qualify under the new points based system may be able to seek further leave to remain under the Work Permits scheme. The requirement for the Resident Labour Market Test (used to show that there is a labour shortage for the desired work) will be waived if the applicant has been working for at least eight months out of a twelve month grant or twelve months out of a twenty-four month grant.

Self-employed persons

Applicants who are self-employed and fail to acquire the needed 75 points will be able to have their applications considered under transitional arrangements for Self Employed Persons included on the FLR(HSMP) form. If requirements are met, this will be accepted instead of the 75 points needed to come under HSMP again. Applicants will still be required to satisfy other immigration requirements such as the English Language test.

There are some important circumstances needed for consideration:

Your previous HSMP leave was granted before 8 November 2006
You have failed to meet the required 75 points needed for an HSMP extension on the FLR(HSMP) form
You are currently self-employed and actively doing business within the UK

Furthermore, it is important that self-employed applicants have set up their own business within their previous HSMP leave, alone or with others, that the business has been actively trading for at least the last four months, and that the business has ongoing contractual/business commitments that will cover at least the next six months.

Applicants will also need to provide evidence such as registration documents confirming they are registered for tax and provide copies of contracts and invoices covering the last four months of business or longer. Where available, copies of documents establishing contractual/business commitments covering the next six months, and a business plan or projection covering at least the next six months must also be provided.

To find out about our professional fees, HSMP services and HSMP Application Plan call our London Office on +44 (0)20 7842 0800 for a HSMP consultation.