Appeal against changes to highly skilled UK immigration programme upheld
April 24 2009 by Ranjan Chakraborty
A Judicial review of the highly skilled migrant programme has been upheld and the UK Border Agency has 42 days to implement the changes.
On 3 April 2006 UK immigration's continuous leave requirement for indefinite leave to remain (ILR) living in the UK under the highly skilled migrant programme (HSMP) was extended to five years. Previously, migrants wanting stay in UK indefinitely had to prove they had spent four year continuously living in the UK.
However, the HSMP Forum Ltd launched a judicial review of the changes, requesting that the Home Secretary allow those who entered the HSMP before the qualifying period for ILR was increased, should only have to prove they have been in the country for four years.
On 6 April 2006 the judgment was upheld and on 8 April the courts gave the UK Border Agency 42 days to implement the update.
The UK Border Agency’s website states: ‘work is underway to put the necessary remedies in place. This is not a simple matter and it is right and proper that we take the time available to make sure that correct policy and procedures are in place for all those affected.’
Policy and procedures for all those affected by the judgment will be published on or by 20 May 2009.
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