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MEDIA RELEASE – HSMP FORUM |
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Skilled migrants take Home Office back to court
www.hsmpforum.org / www.hsmpforumltd.com
October 23 2008
Skilled migrants in Britain are taking the Home Office back to court because it has not obeyed a High Court ruling to honour the original terms of their visas.
The government was ordered by a judge this April to pay tens of thousands of pounds in legal costs and let back into the country skilled migrants it forced to leave.
The campaign group HSMP Forum has filed a judicial review because the Home Office is denying that the migrants have the right to apply to settle permanently in Britain after four years of working and paying taxes. This deal, known as Indefinite Leave to Remain (ILR), was promised in writing to skilled migrants by the Home Office but in 2006 it was lengthened retrospectively to five years.
In his ruling this April, Justice Sir George Newman said he was “satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them”. Despite this, migrants and their families who apply to be permanent residents after four years are being issued with refusal letters and threatened with deportation if they do not leave on their own.
HSMP stands for Highly Skilled Migrant Programme – a points-based Home Office scheme that succeeded in attracting talented, high-earning professionals including scientists and doctors to live and work in Britain. These people wound up their careers in their countries of origin as well as selling their homes.
Amit Kapadia, executive director of HSMP Forum, said: “The Home Office has declined to reverse its Indefinite Leave to Remain changes even after our recent High Court victory. The Home Secretary, Jacqui Smith, issued policy guidance on July 9 2008 to remove the November 2006 retrospective points based system for extension but she refused to give people back the promised right to apply for settlement after four years, not five.
“The rule changes we are fighting against have been repeatedly condemned on all sides of politics, including by the government’s own MPs, members of the House of Lords and various government and non-government committees – and of course by the High Court.”
Chandrasekar Elangovan, an executive committee member of HSMP forum, said: “The government is wasting taxpayers’ money in defending an unlawful rule change and a broken promise. The HSMP Forum is very confident that the UK judicial system will once again give justice to affected immigrants.”
Media contact: Amit Kapadia Tel: 07830374629 / 02087373623 Email: amit@hsmpforumltd.com
NOTES FOR EDITORS
* Hardship statements – http://www.hsmpforumltd.com/hsmpilrstatements.html
* The latest judicial review was lodged by HSMP Forum on October 8 2008. The skilled migrants’ case is being argued by the renowned barristers Michael Fordham QC and Rick Scannell.
* Justice Sir George Newman, in his original judgment of April 2008, said of the HSMP rule changes: “I find that the terms of the scheme, properly interpreted in context and read with the guidance and the rules, contain a clear representation, made by the defendant, that once a migrant had embarked on the scheme he would enjoy the benefits of the scheme according to the terms prevailing at the date he joined.”
“In the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them. Good administration and straightforward dealing with the public require it. Not to restrain the impact of the changes would, in my judgment, give rise to conspicuous unfairness and an abuse of power.
* The delay of an extra year for ILR has caused various forms of hardship for migrants and their families. These include migrants’ children not being able to attend universities due to high international student fees. Some have had to abandon their studies or lower their career expectations.
* In addition to travel restrictions under the rules to obtain ILR, many migrants face difficulties getting permanent employment and senior positions due to employers’ reservations in recruiting those who do not yet have the right to live permanently in Britain. “A year more involves a year more of employment limitations and lost opportunities,” said Amit Kapadia, executive director of HSMP Forum. “Skilled migrants are unable to buy a house because their limited visas make banks and financial institutions hesitate to give them mortgages. Amazingly, the government is planning further changes in the permanent settlement and citizenship criteria later this year.”
* Skilled migrants have made many sacrifices believing the promises made by the British government and Home Office, giving their established careers, selling properties and winding up all investments in their home countries. “Migrants gave up opportunities of career advancements and also immigration to other countries based on the promises made by the UK government,” said Amit Kapadia, executive director of HSMP Forum. “But the rule changes ignored all these sacrifices and the commitment shown. The changes unfairly question their commitment and integration to Britain by asking them to spend an additional year for settlement.” |