Benefits of HSMP in comparison to other Visas
The HSMP allows you to come to the UK and then look for work in your chosen field rather than needing an offer of employment before arrival, or a sponsor. You can attend interviews safe in the knowledge that you already have the right to work in the UK. You can work for any employer.
Similarly, your prospective employer will be able to consider your application, safe in the knowledge that they will not need to sponsor you for a work permit in order to employee you, giving you a distinct advantage over other applicants.
With a conventional work permit the employer has to follow a strict recruitment procedure in order to ascertain whether there is any alternative person who does not need a work permit, referred to as a resident worker, who is equally qualified for the position as you.
Generally, before a work permit application can be submitted, the position in question must be advertised appropriately and if a suitable resident worker applies, the position must be offered to that person. A work permit application can be made only if no resident worker as suited to the position as the foreign national in question is identified.
Work permits are notoriously restrictive, allowing the individual to be employed in one position only and any intended change requires application and approval.
With a HSMP permit you are not tied to an employer. You are free to change jobs whenever you want. Unlike the existing work permit system the HSMP permit is granted to you and not a UK company so you may change jobs as many times as you wish whilst in the UK.
These advantages make the HSMP visa superior to a Business and Commercial Work Permit.
It is also different from the existing business visas in that it does not require a detailed business plan, the creation of jobs, or investment in the UK.
Allowed time in the UK
The HSMP entitles you to enter the UK to seek work or self-employment for an initial period of two years.
If you are already in the UK and can switch your current visa category then a successful HSMP application enables you to apply for Further Leave to Remain (FLR) for the initial period. If you cannot switch visa categories, then you will need to leave the UK once you receive HSMP approval and apply for entry clearance as a HSMP applicant before re-entering the UK. For further information on the switching requirements see our switching details in the faq section.
Before the visa for the initial period of two years expires, you may choose to apply for further leave to remain in the UK. However, you must remain economically active. If granted, permission to remain is for a further period of three years.
If you are granted permission by the Home Office to stay in the UK under the HSMP for the entire five years and then at the end of that period you decide that you wish remain in the UK, you would then be eligible to apply for Indefinite Leave to Remain (ILR), also known as permanent residency or settlement, as any time spent in the UK under HSMP counts towards such an application. Periods spent in other categories prior to your HSMP that lead to permanent residence will also count towards the five years, meaning that you may be able to apply for ILR early.
One year after obtaining settlement in the UK, you may be eligible to apply for naturalisation/citizenship, giving you the right to acquire a British passport.
Your family or dependants
Under the HSMP, you can apply for your spouse/unmarried partner and dependents aged under 18 to come with you to the UK, provided that you can support them without recourse to public funds. They must obtain entry clearance before they can enter the UK on the same conditions of stay as yourself. You will need to show that you can support them in the UK. They will also be able to undertake employment or engage in self-employment or business. They will also have access to free education and free healthcare.
Spouses/unmarried partners and dependants can only stay in the UK on the condition that they remain your dependants.
