UK IMMIGRATION NEWS

Arrangements resulting from HSMP Forum judicial review now in place

Friday, 22 May 2009

The UK Border Agency has announced that arrangements are now in place for migrants covered by the judgment of 6 April 2009 in the judicial review brought by the HSMP Forum Ltd.

The arrangements cover migrants who received a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of applications made before 3 April 2006, and who obtained entry clearance or permission to stay in the UK on the basis of that letter.

Prior to 3 April 2006, those under the HSMP who wished to apply for Indefinite Leave to Remain (ILR) were required to show that they had spent 4 years' continuous residence in the UK. On 3 April 2006, the 4 year qualifying period was increased to 5 years' qualifying residence. Due to this change, a large number of HSMP holders did not qualify for ILR.

The HSMP Forum Ltd filed a Judicial Review on 8 October 2008 against the Home Secretary challenging the increase of the 4 to 5 years qualifying period. The Forum argued that those who entered onto the HSMP before the change to the qualifying period for ILR should be eligible for ILR after 4 years on the scheme. The judge found in favour of the Forum on this point.

Those migrants who qualify under the arrangements can now apply for ILR and if successful settle permanently in the UK.

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