UK IMMIGRATION NEWS

Judicial Review for the Highly Skilled Migrant Programme (HSMP)

Tuesday, 15 July 2008

After the High Court Ruling that changes made to the HSMP Criteria were unlawful, the Home office has now implemented the judgement in the Immigration Rules.

Following the judgment the High Court in HSMP Forum Limited vs. Secretary of State for the Home Department [2008] EWHC 664 (Admin), where the High Court has ruled that the Home Office acted unlawfully in applying the retrospective HSMP extension criteria (PBS) changes to persons already admitted to the Highly Skilled Migrants Scheme as at the 7th day of November 2006, the Home office has now implemented the judgement in the Immigration Rules.

The Home Office has provided the following options for migrants:-

1. Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future

The requirements for an extension of stay will be those that were in place before 7 November 2006. If they do this, we will look at their case again and decide whether they met the HSMP extension of stay requirements in place before 7 November 2006. If they meet the requirement then they would be given the leave to remain.

2. Migrants who were refused an extension of stay under the HSMP arrangements in place after 5 December 2006

These migrants include those who switch categories, left UK and have an outstanding appeal. If the migrant has switched to a different category (for example Work Permit) or if they have left UK then they have to apply for a review and if they meet the HSMP extension of stay requirements in place before 7 November 2006, then they would be granted the visa. When the migrant has an outstanding appeal or judicial review against the refusal the Home Office would reconsider the migrant’s case and decide whether they met the HSMP extension of stay requirements in place before 7 November 2006. If they do meet these requirements, they would grant them visa as a HSMP holder.

3. Migrants who did not apply for an extension of stay under the HSMP arrangements in place after 5 December 2006

These migrants include those HSMP migrants who switched categories and those who left UK. For those switching into different categories of visa they should have switched and leaved to remain expired after 7 November 2006. They need to apply by 31 July 2009. If the migrant met the HSMP extension of stay requirements in place before 7 November 2006, they would grant them visa as a HSMP holder.

The migrants who left UK and their leave to remain in the UK expired after 7 November 2006; these migrants may apply for Entry Clearance as a highly skilled migrant. They must apply by 31 July 2009. If the migrant met the HSMP extension of stay requirements in place before 7 November 2006, they would grant them visa as a HSMP holder.

If you are interested in UK Visas, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the UK.