Court Order to Home Office after the HSMP Forum's 6th April 2009 - successful Judicial Review


Some of the contents of the court order dated 8th April 2009 are as following;

(1) In respect of all persons admitted to the Highly Skilled Migrant Programme as at 7 November 2006, those individuals are entitled to the benefits of the scheme (including settlement) according to the terms (including as to qualifying period) which applied on the date when they joined.

(2) Without prejudice to the generality of (1), it is accordingly unlawful in the case of those individuals admitted to the Highly Skilled Migrant Programme prior to 3 April 2006, to withhold indefinite leave to remain from them by reference to a qualifying period of five (as opposed to four) years continuous residence.

(3) The Secretary of State’s policy of 9 July 2008 is accordingly unlawful in failing to so provide.

IT IS FURTHER ORDERED that the Defendant shall implement this judgment as soon as possible and in any event within 42 days of the date of this order.

- Management Committee

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