Immigration Rules

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Immigration Rules Appendix D: highly skilled migrants

Immigration Rules for leave to enter as a Highly Skilled Migrant as at 31 March 2008, and Immigration Rules for leave to remain as a Highly Skilled Migrant as at 28 February

Requirements for an extension of stay as a highly skilled migrant

  1. 135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:
    1. (i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and
    2. (ii) intends to make the United Kingdom his main home; and
    3. (iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
    4. (iv) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a highly skilled migrant

  1. 135B. A person seeking leave to enter the United Kingdom as a highly skilled migrant may be admitted for a period not exceeding 2 years, subject to a condition prohibiting Employment as a Doctor in Training, (unless the applicant has submitted with this application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6 February 2008), provided the Immigration Officer is satisfied that each of the requirements of paragraph 135A is met and that the application does not fall for refusal under paragraph 135HA.

Refusal of leave to enter as a highly skilled migrant

  1. 135C. Leave to enter as a highly skilled migrant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135A is met or if the application falls for refusal under paragraph 135HA.
  2. 135D. The requirements for an extension of stay as a highly skilled migrant for a person who has previously been granted entry clearance or leave in this capacity, are that the applicant:
    1. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a highly skilled migrant, or has previously been granted leave in accordance with paragraphs 135DA-135DH of these Rules; and
    2. (ii) has achieved at least 75 points in accordance with the criteria specified in Appendix 4 of these Rules, having provided all the documents which are set out in Appendix 5 (Part I) of these Rules which correspond to the points which he is claiming; and
    3. (iii) (a) has produced an International English Language Testing System certificate issued to him to certify that he has achieved at least band 6 competence in English; or
      1. (b) has demonstrated that he holds a qualification which was taught in English and which is of an equivalent level to a UK Bachelors degree by providing both documents which are set out in Appendix 5 (Part II) of these Rules; and
    4. (iv) meets the requirements of paragraph 135A(ii)-(iii).
  3. 135DA The requirements for an extension of stay as a highly skilled migrant for a work permit holder are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
    2. (ii) meets the requirements of paragraph 135A (i)-(iii).
  4. 135DB The requirements for an extension of stay as a highly skilled migrant for a student are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
    2. (ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
    3. (iii) has the written consent of his official sponsor to remain as a highly skilled migrant if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
    4. (iv) meets the requirements of paragraph 135A(i)-(iii).
  5. 135DC. The requirements for an extension of stay as a highly skilled migrant for a postgraduate doctor or postgraduate dentist are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a postgraduate doctor or a postgraduate dentist in accordance with paragraphs 70 to 75 of these Rules; and
    2. (ii) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
    3. (iii) meets the requirements of paragraph 135A(i)-(iii).
  6. 135DD The requirements for an extension of stay as a highly skilled migrant for a working holidaymaker are that the applicant:
    1. (i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
    2. (ii) meets the requirements of paragraph 135A(i)-(iii).
  7. 135DE The requirements for an extension of stay as a highly skilled migrant for a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
    2. (ii) meets the requirements of paragraph 135A(i)-(iii).
  8. 135DF. The requirements for an extension of stay as a highly skilled migrant for an innovator are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210E of these Rules; and
    2. (ii) meets the requirements of paragraph 135A(i)-(iii).
  9. 135DG. Deleted.
  10. 135DH. The requirements for an extension of stay as a highly skilled migrant for a participant in the Fresh Talent: Working in Scotland scheme are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
    2. (ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
    3. (iii) meets the requirements of paragraph 135A(i)-(iii).

Extension of stay as a highly skilled migrant

  1. 135E. An extension of stay as a highly skilled migrant may be granted for a period not exceeding 3 years, provided that the Secretary of State is satisfied that each of the requirements of paragraph 135D, 135DA, 135DB, 135DC, 135DD, 135DE, 135DF or 135DH is met and that the application does not fall for refusal under paragraph 135HA.

Refusal of extension of stay as a highly skilled migrant

  1. 135F. An extension of stay as a highly skilled migrant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135D, 135DA, 135DB, 135DC, 135DD, 135DE, 135DF or 135DH is met or if the application falls for refusal under paragraph 135HA.

Additional grounds for refusal for highly skilled migrants

  1. 135HA. An application under paragraphs 135A-135H of these Rules is to be refused, even if the applicant meets all the requirements of those paragraphs, if:
    1. (i) the applicant submits any document which, whether or not it is material to his application, is forged or not genuine, unless the Immigration Officer or Secretary of State is satisfied that the applicant is unaware that the document is forged or not genuine; or
    2. (ii) the Immigration Officer or Secretary of State has cause to doubt the genuineness of any document submitted by the applicant and, having taken reasonable steps to verify the document, has been unable to verify that it is genuine.