The last three months has seen some important major developments in UK immigration as follows:

1. Revisions to the Highly Skilled Migrant Scheme

With effect from 5^th December 2006, the British Government has introduced major changes to the Highly Skilled Migrant Programme, which has been running successfully since 2002.  These changes, which have been highly criticized by UK immigration lawyers, were introduced without warning by the British Government, and also affect individuals who are already in the UK under the old HSMP scheme. 

The new Scheme operates on a Points Test, with a requirement minimum score of 75 points to qualify.  Points can be obtained from the following areas:-

(a)     Academic Qualifications

Between 30 to 50 points can be obtained for qualifications considered equivalent to UK Bachelors, Masters or PhDs or their professional equivalent. 

(b)     Earnings

Between 5 to 45 points can be obtained for gross earnings in twelve of the last fifteen months (with exceptions for full time students).  For the calculation of earnings, the world has been divided into five income zones, and each income zone has nine earnings calculations for which points can be scored.  It is the country of an applicant’s residence during the relevant period of time and not their citizenship, which determines the income zone applicable to their case. 

(c)     Age Allowance

In a highly discriminatory move, up to 20 points will be awarded to any applicant under 32 years old, with the maximum 20 points going to applicants under 28. 

(d)     Work or Study in the UK

An additional 5 points will be awarded if an individual has worked in the UK during the relevant earnings period or if they have studied in the UK at Bachelor Degree level or higher. 

(e)     MBA from top 50 business schools

Individuals who have obtained MBAs from the top 50 business schools nominated by the Home Office will automatically qualify for HSMP permits, subject to the language test. 

In addition to the above, all candidates will in future either have to pass an IELTS test at Band 6 to prove their English language skills or prove that their Bachelors Degree course was taught in English.

(f)       Comments

As a result of these changes, no-one without at least a UK level Bachelors Degree can qualify for the HSMP, and no-one can qualify without meeting the English language requirement. 

As mentioned above, the Rule changes also apply to individuals who are already in the UK under the HSMP Scheme, other than those whose next applications will be for permanent residence.  This means that existing HSMP holders who do not have Degrees will no longer qualify and will have to find alternative ways to remain in the UK.

In future, HSMP holders will have to re-pass the Points Test in order to obtain further extensions of stay to prove that they have achieved highly skilled positions or established successful businesses in the UK generating a high level of earnings.

The changes have generated much debate and criticism, and it remains to be seen whether any challenges will be raised in the Courts by existing HSMP holders who do not qualify under the new Scheme. 

2. Life in the UK Test

With effect from 2^nd April 2007 anyone over 18 wishing to acquire permanent residence rights in the UK will firstly need to pass the “Life in the UK Test”. 

This is a 45 minute test taken on line which is designed to test an individual’s language abilities and also knowledge of UK life and constitution.  The test has previously only been a requirement to acquire British citizenship.

In the past, it has technically been possible for an individual in some categories to become a UK permanent resident without speaking a word of English but this will no longer be possible.

3. Bulgarians and Romanians

Bulgaria and Romania entered the European Union on 1^st January 2007 but the British Government has decided to impose tight working restrictions on Bulgarians and Romanians entering the UK, as indeed it is entitled to under European law.

Nationals of both countries will continue to require Work Permits for employment in the UK.  However, following accession, Bulgarian and Romanian nationals will no longer require visitor visas for entering in to the UK nor will they require immigration authorization to undertake self employment in the UK.

The British Government has agreed to review this initial decision within twelve months and only time will tell whether large numbers of Bulgarians and Romanians come to the UK, in the way that nationals of the eight Eastern European countries which joined the EU in 2004, particularly those from Poland have done.