UK immigration: Highly skilled migrants win legal battle
April 07 2009 by Gareth McConnell
The UK government have failed in their latest attempt to enforce ‘unlawful’ changes to the Highly Skilled Migrant Programme (HSMP).
Yesterday, the High Court ruled in favour of the HSMP Forum, a result that means the British government must honour the original commitment that HSMP visa holders, who applied before November 2006, should only have to spend four years working in the UK to be eligible for Indefinite Leave to Remain, instead of the newly applied five.
The HSMP Forum, an independent, not-for-profit organisation, won their first Judicial Review against the Home Office in April 2008 when the High Court ruled the Home Office acted unlawfully in applying retrospective changes to the HSMP extension criteria to people who were already on the scheme before 3 April 2006.
In her judgment, Justice Cox DBE remarked, “The ratio of the decision, in my view, is clear. It was a substantive, legitimate expectation of all those on the HSMP that they would enjoy the benefits of the programme, as they were at the time they joined it.”
Amit Kapadia, executive director of the HSMP Forum, welcomed the landmark victory, “The Home Office’s continued attempts to apply policies which cannot withstand legal scrutiny only suggests that there is a dearth of skilled policy makers and Ministers. HSMP Forum hopes that the Home Office will learn its lessons and avoid a repetition of applying such unlawful retrospective legislations in the future.”
Are you one of the thousands of people affected by Jacqui Smith and the Home Offices failed attempts to disciminate against HSMP visa holders? Leave your comments on the Global Visas blog.
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