asked Her Majesty's Government:

What is the appeals procedure in connection with the Highly Skilled Migrant Programme (applications by young people for highly skilled migrant status); what is the expected length of time involved; and whether a person involved can remain in the United Kingdom during that period. [HL143]

Applications to enter the Highly Skilled Migrant Programme (HSMP) follow a two-stage process. First, applicants must apply to Work Permits (UK) for a HSMP approval letter. Once an individual has obtained a HSMP approval letter, they should make an application for entry clearance (if outside the UK) or leave to remain (if already in the UK).

There is an administrative review procedure associated with applications for a HSMP approval letter. Details of this procedure are included on the schemes and programme pages and in the HSMP1 application form and guidance notes that are available on the workingintheuk website via www.workingintheuk.gov.uk. Some 65 per cent of review requests will be considered within 30 working days. Individuals seeking a review of their approval letter decision are not automatically entitled to remain in the UK while it is being considered, unless they have continuing leave.

Refusal of leave to remain as a highly skilled migrant may attract a right of appeal, depending on whether the decision is one defined at Section 82(2) of the Nationality, Immigration and Asylum Act 2002. An appeal must be lodged with the Asylum and Immigration Tribunal in accordance with time limits prescribed in the Asylum and Immigration Tribunal (Procedure) Rules 2005. Appeals are currently listed for hearing approximately six weeks after receipt. The appellant will be entitled to remain in the UK while the appeal is pending.

asked Her Majesty's Government:

How many applications were received under the Highly Skilled Migrant Programme (applications by young people for highly skilled migrant status) in each of the last five years; and, of those, how many were successful. [HL144]

The following table provides details of the number of applications granted and the total number of applications received, by year, under the Highly Skilled Migrant Programme (HSMP) since its inception on 28 January 2002. Figures are also split between those aged 28 years and over and those under 28. Figures for 2006 include data up to 31 October 2006. These data have not been provided under National Statistics protocols; they have been derived from local management information and are therefore provisional and subject to change.

The HSMP is a points-based programme, under which successful applicants must score a minimum number of points, awarded in specified areas. The programme is not designed to particularly attract young people, but the point-scoring system was designed to reflect that it may be more difficult for a highly skilled young graduate to score maximum points in the past-earnings category. Therefore, the criteria for the HSMP awarded additional points for those under 28 years of age.