Immigration Corner | What is a High Potential Individual visa?

Dear Mr Bassie,

I would like for you to explain what a high Potential Individual visa is. Any information would be appreciated .

– G.N.

Dear G.N.,

A High Potential Individual (HPI) visa gives persons permission to stay in the UK for two years. To apply for one, a person must have been awarded a qualification by an eligible university in the last five years.

It should be noted that there is a yearly limit on applications for this visa if the limit has been reached. Persons will be told when they apply online and the application year runs between November 1 and October 31. As stated previously, an HPI visa lasts for two years. However, for those persons who have a PhD or other doctoral qualification, it will last for three years.

Persons should be aware that they cannot extend an HPI visa. However, they may be able to switch to a different visa, for example, a Skilled Worker visa. Persons can usually switch to a different visa before their HPI visa expires. Further, please note that the time on an HPI visa will not count as time spent in the United Kingdom (UK) if the person applies to settle there. It is advisable that persons check to see if they can apply for another type of visa to remain in the UK.

HOW TO APPLY

Applicants must apply for the HPI visa online and how they apply will depend on whether they are outside the UK and are going to the UK; or inside the UK and switching from a different visa. The applicants’ partner and children can apply to join him/her or stay in the UK as their ‘dependents’ if they are eligible.

As part of the application, persons will need to prove their identity and provide their documents. They may need to allow extra time if an appointment is needed to do this. Persons will find out if they need one once the application is started.

Having applied online, proven their identity and provided documents, applicants will usually get a decision on their visa within three weeks if they are outside the UK or eight weeks, if they are inside the UK.

The applicant, their partner or children will each need to pay the application fee; pay the healthcare surcharge for each year of the applicant’s stay; and prove they have enough personal savings. The amount of money needed should and can be ascertained by checking online prior to applying.

WHAT PERSONS CAN AND CANNOT DO

With an HPI visa person can:

• Work in most jobs

• Look for work

• Be self-employed

• Live in the UK with their partner and children, if they are eligible

• Do voluntary work

• Travel abroad and return to the UK

PERSONS CANNOT:

• Apply for most benefits (‘public funds’)

• Work as a professional sportsperson

• Extend this visa

• Apply to settle permanently in the UK

Just to be clear, if the application is successful, persons will get a full list of what they can and cannot do with an HPI visa.

STUDYING WITH AN HPI VISA

Just for completeness, persons can only study with an HPI visa if their chosen course is not eligible for a student visa. If the course is eligible for a student visa, they can apply for a student visa instead or extend their student visa if they already have one. Please note that an applicant may need an Academic Technology Approval Scheme certificate if he/she is studying or researching sensitive topics.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com