HSMP Extension

Introduction

Recent changes to the Highly Skilled Migrant Programme have affected HSMP extensions. 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 the points based system. The points based system for HSMP extensions has some differences from the points based system for initial applicants. The main differences for people requesting an extension, rather than an initial application, is 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 £335.

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

Earning Power

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 of more than 12 months

Pervious Earnings (12 month earning period) Points Available

£40,000+ 45
£35,000 - £39,000 40
£32,000 - £34,999 35
£29,000 - £31,999 30
£26,000 - £28,999 25
£23,000 - £25,999 20
£20,000 - £22,999 15
£18,000 - £19,999 10
£16,000 - £17,999 5

Previous HSMP period of 12 months or less

Previous Earnings (8 month earning period) Points Available

£26,500+ 45
£23,300 - £26,499 40
£21,300 - £23,299 35
£19,300 - £21,299 30
£17,300 - £19,299 25
£15,300 - £17,299 20
£13,300 - £15,299 15
£12,000 - £13,299 10
£10,650 - £11,999 5

UK Experience

HSMP Extension applicants can now claim UK Experience under certain conditions:

If the applicant's previous HSMP visa was for more than 12 months and they earned at least £16,000 from the Earning Power category, they will get 5 points.

If the applicant's previous HSMP visa was for less than 12 months and they earned at least £10,650 from the Earning Power category, they will get 5 points.

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 criteria 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.

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 also need 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 prior to 08 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, 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.

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