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This is the only official website of HSMP Forum. It is a not-for-profit organization which supports and assists skilled migrants in the UK. HSMP Forum took its name from the UK's Highly Skilled Migrant Programme which was introduced in 2002. HSMP Forum represents migrants belonging to all immigration categories and campaigns on various immigration issues, it represents people of all nationalities and cultures. It is an immigrant support organisation and campaigns for immigrants cause. The organization successfully reversed the April 2006 and November 2006 retrospective HSMP changes through legal challenges in the high court. We are at present campaigning on the issues concerned with HSMP / tier 1 and work permit / tier 2 migrants.

We are happy to inform you that HSMP Forum has promoted a new organisation to support and assist immigrants in Britain and to bring them all under one platform -

Join now -  "Association of Immigrants", http://www.aimms.org

HSMP Forum has been partially successful in its lobbying efforts to protect skilled migrants from the issues concerned with the Borders Citizenship and Immigration Act 2009 !! . There are still many issues concerned with this legislation and we would continue to take necessary steps to deal with it.

HSMP Forum's submission on the charging consultation >>

The HSMP ILR Judicial Review has been won on 6th April 2009. This is HSMP Forum's second consecutive victory against the Secretary of State for the Home Department. The Home Office decided not to appeal against the Judgment>> . We also obtained a court order against the Home Office click here>> , HSMP ILR JR Implementation -  Communication between HSMP Forum and UKBA>>    

UK Border Agency Implemented our Judicial Review Judgment on 19th May 2009. Please check the  HSMP Forum's ILR Judicial Review Implementation Documents>> . The implementation provides various forms of benefits as per the old scheme for all those who applied for HSMP as at 7th November 2006 and got admitted under the HSMP scheme. 

HSMP Forum filed the Judicial Review Application on 8th October 2008 challenging the April 2006 4 to 5 years Indefinite Leave to Remain Changes Press Release and we have got the permission for the Judicial Review on 27th November 2008 Press Release. The challenge has been raised on the basis of our 8th April 2008 Judicial Review Judgment and the subsequent policy document implemented by Home Office on the 9th July 2008 which did not consider the ILR issue More>> . Our Barristers are Michael Fordham, QC and Rick Scannell.

Justice Sir George Newman, in our 8th April 2008 Judicial Review judgement observed “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.” The Judgment concluded “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.” There were two main benefits which were promised to the Highly Skilled Migrants those were - extensions based on economic activity and settlement after 4 years.

The indefinite leave to remain after 4 years qualifying residence is a benefit which was originally promised to migrants who were admitted under the HSMP scheme before the April 2006 ILR changes.

Some hardship statements of those affected by the ILR changes>>

The Parliamentary Joint Committee on Human Rights in its recent report stated as follows in reference to our April 2008 Judicial Review Judgment; "The High Court held that the terms of the original scheme should be honoured and that there was no good reason why those already on the scheme should not enjoy the benefits of it as originally offered to them. The generality of this reasoning seems to be as applicable to the April 2006 changes as to those made in November 2006.(pg 50)" Additionally, the AIT Judges and Home Office presenting officers interpreted that the Home Office's decision to refuse ILR after 4 years has been unlawful in reference to our April 2008 Judicial Review Judgment. More>> 

The Secretary of State for Home Department spent approx., £ 85,000 of tax payers money by contesting our previous Judicial Review application.

HSMP Forum is currently lobbying against the retrospective application of the Citizenship and Immigration Bill. Also, we are raising issues concerned with tier 1 migrants and their visa extensions during this economic downturn. HSMP Forum made submission to the Joint Committee on Human Rights for scrutiny of draft Immigration and Citizenship Bill>>

The government intends to introduce further harsh rules in the upcoming Immigration and Citizenship Bill. There are indications that this new bill will be applied retrospectively to migrants who are in the UK already while the government has the mandate to change the law as required to changing times and apply such laws to new immigrants, changes in law cannot and should not be applied retrospectively. The Home Office has already wasted tax payers money by fighting and losing legal challenges filed by the HSMP Forum in the High Court pertaining to previous attempts to implement retrospective immigration legislations. The new bill seeks to penalize migrants by forcing them to spend additional time to obtain their indefinite leave to remain (ILR) and citizenship, by introducing a new “Probationary Citizenship” programme. Economic migrants from outside the EU are not allowed to claim public money or benefit as part of their visa condition on entering the UK. Notwithstanding this, the intention is to force migrants to pay extra “local impact” taxes and to do community service in addition to their already extant contribution to PAYE tax, national insurance and council tax. HSMP Forum opposes application of the Immigration and Citizenship bill to migrants who are already residing in Britain.

In the present economic downturn migrants in the UK are subjected to further victimization by the UK government. Hardworking skilled migrants who have left their careers, uprooted their families and come to the UK to contribute to the economy are now left in the lurch. The economic downturn and recession have caused major turmoil for businesses and consequently unemployment has affected one and all. This has led to skilled migrants finding themselves in unforeseen difficult circumstances due to surprise redundancies and bankruptcies in business sectors across the board. A number of well-known companies have gone into liquidation in the last few months and every economic indication is that many other reputable companies are headed for similar dire straits as reports of major job cuts are now an almost daily occurrence.  Reports from various professional bodies forecast more difficulty ahead with clear indications of frozen remuneration packages, wage cuts and further job losses. Under these circumstances, particularly migrants from outside the European Union are the first to face such salary cuts, redundancies and lack of opportunities.

In order to obtain extensions to their visas, those on Home Office's new Tier 1 immigration category must demonstrate a high level of income during their stay in the UK. The government unfortunately does not take into account the current credit crunch and the effect it has had on migrants. Some migrants are falling foul of the visa extension criteria due to economic factors entirely outside of their control.

The government should offer some concession to skilled migrants in the UK from the unrealistically stringent extension criteria which does not take into consideration the present economic crisis. 

Skilled Migrants on Tier 1 visas and particularly those who need to obtain a points-based extension, are finding it extremely difficult to obtain their further extensions due to the present stringent rules which does not take into consideration the current economic downturn and the resulting difficulties faced by hardworking migrants. To avoid further penalising the migrants it will be only fair if those immigration rules are somewhat relaxed by acknowledging the difficulties that migrants are undergoing in the present economic climate. The credit crunch affects everyone from natural born citizen to immigrant.

The UK Home office has been controversially changing the immigration policies very often since 2006. HSMP Forum is not against general immigration changes but we object to changes which are retrospectively applied to migrants already residing in Britain. We believe such constant stringent immigration changes when applied to migrants coming from non European union countries in particular creates inequalities and discrimination based on nationality.