The Accession (Immigration and Worker Authorisation) Regulations 2006

“Highly skilled person”

4.—(1) In these Regulations “ highly skilled person” means a person who—

(a) meets the criteria specified by the Secretary of State for the purpose of paragraph 135A(i)(1) of the immigration rules (entry to the United Kingdom under the Highly Skilled Migrant Programme) and applying on 1st January 2007, other than the criterion requiring a proficiency in the English language; or

(b) has been awarded one of the following qualifications and applies for a registration certificate or submits a registration certificate to the Secretary of State under regulation 7(4) within 12 months of being awarded the qualification—

(i) a Higher National Diploma or degree awarded by a relevant institution in Scotland; or

(ii) a degree with second class honours or above in a subject approved by the Department for Education and Skills for the purpose of participation in the Science and Engineering Graduates Scheme(2), or a master’s degree or doctorate in any subject, awarded by a relevant institution in England, Wales or Northern Ireland.

(2) In paragraph (1)(b), “relevant institution” means an institution that is financed from public funds or included on the Department for Education and Skills’ Register of Education and Training Providers(3) on 1st January 2007.

(1)

Paragraph 135A(i) was inserted by immigration rules changes on 1st April 2003 (HC 538). The specified criteria are published by Work Permits UK, part of the Home Office, and are available on the Home Office website (www.workingintheuk.gov.uk).

(2)

Details of the Science and Engineering Graduates Scheme are available on the Home Office website (www.workingintheuk.gov.uk).

(3)

The Register of Education and Training Providers is maintained by, and is available on the website of, the Department for Education and Skills (www.dfes.gov.uk/providersregister).