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HSMP Forum’s Press Release - Highly Skilled Migrants to return to UK |
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Dt - 11th July 2008 |
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In an embarrassing U-turn on previous policy, the Home Office
published Policy Guidance implementing the HSMP Forum Ltd Judicial
Review on 10 July 2008. The High Court earlier ruled on 8 April
2008 in favour of the HSMP Forum that the changes which were
implemented in December 2006 were unlawful, thus forcing the
Immigration Ministry to reverse the illegal changes which was
applied to existing migrants.
The new Policy Guidance covers migrants who were admitted under
the Highly Skilled Migrant Programme (HSMP) scheme before 5th
December 2006. Various categories of migrants are covered under
the policy including those who were refused extension under the
unlawful rules, those migrants who did not apply for extension and
migrants who have either switched immigration categories to more
restrictive visa regimes or those who left the UK . HSMP Forum
earlier wrote to the Border and Immigration Agency ensuring that
various categories of affected migrants get their HSMP status back
including those who left the country due to the unfair and
unlawful changes are reinstated as per their earlier HSMP status
in UK .
Amit Kapadia, Executive Director of HSMP Forum said “we are
delighted to have achieved our objective in fighting the manifest
injustice of retrospectively applied legislation. We are happy to
have fulfilled our commitment in ensuring those affected by the
November 2006 illegal changes are able to return back to UK with
due honour. Not only that even the time they spent in their home
country after the changes would be counted towards the settlement
criteria on their return to UK. We will observe the details of the
implementation of the High Court's judgement closely and would
work with the Home Office to ensure that all affected Highly
Skilled Migrants are treated justly with respect and dignity in
restoring their status as highly skilled migrants in the UK .”
Those migrants whose extensions were refused after the November
2006 unlawful changes will not have to pay application fee again
for a review of the decision under the old criteria which existed
prior to November 2006. Application forms and guidance notes would
be available on BIA website by next week.
Camillus Osubor, Head of Policy & Resources, HSMP Forum said “HSMP
Forum would continue to support and assist migrants under the
world-renowned British principles of fair-play, equality and
justice and we would continue to challenge any such policies which
undermine migrants’ interests”.
HSMP Forum is presently considering yet another legal challenge
for the April 2006 retrospective changes in the indefinite leave
to remain qualifying criteria from 4 to 5 years. The changes have
affected thousands of existing migrants who came to UK under HSMP,
Work Permit and Ancestral visas.
Background: Check page 1 of the below link
(policy document).
Notes to the editor:
1)
Immigration Ministry had introduced a new
Point Based System in November 2006 and had retrospectively
imposed it on the Highly Skilled Migrants who were admitted under
the HSMP scheme prior to November 2006. Approximately 49,000
migrants and their families entered the scheme between January
2002 and November 2006.
2) UK High Court, in its landmark judgment,
ruled on 8th April 2008 that the Judicial Review application filed
by HSMP Forum Limited against unfair retrospective changes to
Highly Skilled Migrant Programme (HSMP) in November 2006 has been
successful. The high court ordered "It is ordered and declared
that this claim be allowed and that the defendant (Secretary of
State for the Home Department) has acted unlawfully in applying
H.C. 1702 Rule 135D to persons already admitted to the Highly
Skilled Migrants Scheme as at the 7th day of November 2006."
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