July 14 2008 - Highly Skilled Migrants Program (HSMP) Judicial Review

A recent decision in the High Court in favour of a HSMP advocacy group against the UK Boarder Agency has seen a judicial review of the Highly Skilled Migrants Program (HSMP). The new rules will lead to separate regulations for migrants who currently hold a HSMP visa, with a HSMP approval letter issued prior to 07 November 2006, and who wish to make an application to extend their HSMP visa.

Prior to 07 November 2006, the HSMP gave non-EU skilled workers and professionals the opportunity to migrate to the UK without a job offer by accumulating points from various criteria including salary, age, experience and qualification. This system was suspended for one month from 07 November 2006 and then reintroduced with applicants facing a more stringent points system than before.

The HSMP advocacy group argued that HSMP visa holders at the time of the change in policy, would have had a ‘legitimate expectation’ that the new points systems and extension rules would not have applied to them.

In response to the courts decision the UK Boarder Agency has amended the requirements for HSMP visa holders. Those who joined the HSMP under the arrangements in place before 07 November 2006, and received the letter of approval and entry clearance under these arrangements will now be subject to the former requirements when applying for an extension under the new General Tier 1 system.

The decision in April of the High Court will give around 40,000 current HSMP migrants, who applied before 07 November 2006 the chance to extend their stay in the UK where under the new system when they would have otherwise been required to leave.

If this decision effects you, or if you have further enquiries on immigration to the UK, NZ, Australia or the USA , please contact Ambler Collins and we will undertake a complimentary assessment of your eligibility. Email us at; info@amblercollins.com