Highly Skilled Migrant Programme
Migrants who did not apply for an extension of stay and switched to a different immigration category
This page explains the arrangements that have been put in place for migrants covered by HSMP Forum judicial review judgment who did not apply for an extension of their permission to stay under HSMP and instead switched to a different immigration category.
If you switched your immigration category after 7 November 2006, you can apply for an extension of stay as a highly skilled migrant even if you have switched into a category from which switching into Tier 1 (General) is not permitted by the immigration rules.
You must make your application by 31 July 2009.
To apply for reinstatement as a highly skilled migrant please use the Tier 1 (General) application form (completing the section for initial applications) and read the accompanying guidance notes. You can download the application form and guidance notes from the right side of this page. We will assess your application for leave (permission to stay) under Tier 1 (General) against the Tier 1 (General) criteria.
If your application is unsuccessful, we will review it under the HSMP criteria that were in place before 7 November 2006. If you are successful, your immigration status will be switched back to highly skilled under the terms of the special policy document and we will grant you enough leave to take you to the settlement threshold.
You will not be charged a fee.
If you switched to the work permit arrangements, you should note that the immigration rules have, since 29 February 2008, allowed time spent in HSMP to count towards an application for settlement under the work permit arrangements.
If your combined HSMP and work permit leave is already up to or beyond five years, you already meet the threshold for settlement and may therefore wish to consider whether it is worth switching back to the highly skilled category before applying for settlement.
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