SWITCHING FROM WORKING HOLIDAYMAKER TO HIGHLY SKILLED MIGRANT

The first part of the tiered, Australian-style Points Based System is being implemented on 29 February 2008. From this date, Tier 1 (General) will take effect, applying only to those people who will be applying on an in-country basis. Tier 1 (General) effectively replaces the current Highly Skilled Migrant Programme (HSMP).

Those applicants applying from outside the UK will still have to do so under the current HSMP provisions. From 1 April 2008, the new Tier 1 (General) system will effect those applying from India, which, at a date yet to be determined, will eventually be broadened to cover all out-of-country applicants.

One of the most immediate changes to the system from 29 February 2008 will be that working holidaymakers will no longer be able to switch in-country to Highly Skilled Migrant status. Those who apply after this date must do so on an out-of-country basis, returning to their country of original to apply for entry clearance at their local British Diplomatic Post in this capacity.

We therefore strongly recommend that if you are eligible to apply under the HSMP before this date as a working holidaymaker, you do so immediately. If you require any assistance, or have any questions regarding your HSMP application please contact Magrath LLP.