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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.
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Management Committee
HSMP Forum
http://www.hsmpforum.org /
http://www.hsmpforumltd.com
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