Why should I be interested in finding out about HSMP? What is in it for me as an employer?

An Employers Guide to the Highly Skilled Migrant Programme (HSMP)

HSMP is a specific type of permit issued by the Home Office, which allows the individual to be employed without the need for a separate work permit.

Management consultants, IT Software Houses, Healthcare professionals and Engineers often apply for HSMP on the basis that many UK employers do not apply for work permits, or if the post requires the individual to be contracted out regularly.

The advantage to employing an individual on HSMP is that the onus has shifted from the responsibility of the employer, to the responsibility of the individual. These are highly skilled and experienced professionals that have demonstrated to the Home Office their employability within the UK labour market.

How do we know if we can employ this individual? What do we need to be made aware of?

As a UK employer you have a legal obligation to make sure that you make the appropriate checks to ensure that you only employ those who have permission to work in the UK.

You should request clear photocopies of the individual's passport pages which show their personal details and their current visa, together with copies of any Home Office letters.

The rules can be difficult to understand, even for an experienced HR team. Home Office policies change on a regular basis and can significantly affect the way in which an application is handled and the advice that is given. For example, the Home Office has recently changed the initial period granted for HSMP from 1 year to 2 years.

It is best practice to seek professional advice at the start before a formal offer of employment is made, to ensure that you protect your interests as an employer

What is the Highly Skilled Migrant Programme (HSMP)?

The Highly Skilled Migrant Programme [HSMP] is a legal permission that is issued to the individual by the Home Office. It is designed to allow individuals with exceptional skills and experience to work in the United Kingdom.

There are set criteria that must be met in order to qualify for HSMP.
It is fundamentally different from the Work Permit scheme for several reasons;
[i] The individual does not have to have a job offer in place to qualify and;
[ii] The HSMP permit is not specifically issued to one employer and;
[iii] The application is decided on a point-based scheme with the individual required to supply original paperwork to support all points that are claimed and:
[iv] It is the responsibility of the individual to make an application to the Home Office for permission to work on HSMP.

What is the application process for HSMP?

An application can be made either from within the UK or from outside the UK. The decision on how this application should be made will depend on the individual's current immigration status and when it is due to expire.

What type of work does HSMP allow the individual to do?

If an individual has been granted HSMP you can employ this person as per the conditions on the passport.

HSMP permits do also allow the individual to come to the UK without necessarily having a formal offer of employment in place. The individual may choose to be employed directly for a UK employer, be self-employed, or work for a recruitment agency in a locum capacity.

Under the new rules, the HSMP permit is issued to the individual for an initial period of two years. Before the end of this period, the individual must apply for permission to extend this permit. This will only be extended if there is clear evidence to show that s/he has been economically active for this initial period.

Are there other schemes which will allow an overseas national to work for us?

The Home Office operates several schemes and programmes which target employers and individuals and are designed at retaining skilled and experienced individuals within the UK and allow them to make a valuable contribution to the UK economy.
A work permit is a legal permission that is issued to the UK employer by the Home Office, which allows an individual to be employed in a full time, skilled post. The employer must make an application to the Home Office for permission to employ that individual in this role.

Working Holidaymaker, Spouse visas, Student visas and Dependants all carry the right to work in varying degrees. However, each visa does have its own set of specific guidance and limitations. The onus of responsibility is on the UK employer to check that the individual has the correct permission to work.

Author

Matthew Passmore is Operations Director for PERMITS2WORK LTD, a specialist provider in UK immigration. He is a qualified and experienced OISC Registered Adviser, who has provided immigration advice and services to the top 500 UK employers. If you would like to receive professional advice or services in this regard, contact Matthew at +44 1793 836010 to discuss how PERMITS2WORK LTD can provide your organisation with professional UK Immigration advice for you and your employees. Visit our website at http://www.permits2work.co.uk and http://www.immigration4uk.co.uk and subscribe for a free monthly newsletter.

Back to HR Article Directory