UK immigration: Highly skilled migrants win legal battle

[mcamp999]

The UK government have failed in their latest attempt to enforce ‘unlawful’ changes to the Highly Skilled Migrant Programme (HSMP) visa holders.

The High Court ruled on Monday in favour of the HSMP Forum, which means the UK government must stick to their original commitment to HSMP visa holders who applied before November 2006.

HSMP visa holders were originally told they would have to work in the UK for four years but then the Home Office unfairly applied retrospective changes to those who applied before the new changes were introduced, meaning they would have to work an additional one year in order to be eligible for Indefinite Leave to Remain.

The HSMP Forum won the Judicial Review against the Home Office on 6th April with the High Court ruling the Home Office acted unlawfully in applying the changes retrospectively.

In her judgment, Justice Cox DBE remarked, “The ratio of the decision, in my view, is clear. It was a substantive, legitimate expectation of all those on the HSMP that they would enjoy the benefits of the programme, as they were at the time they joined it.”

[mcamp999]

The HSMP Forum Ltd brought a judicial review against the Home Secretary on the basis that those who entered onto the HSMP before the qualifying period for Indefinite Leave to Remain (ILR) was increased from four to five years, should be eligible for ILR after four years on the scheme. The judge found in favour of the HSMP Forum on this point, in April this year.

The UK Government has now announced that migrants who are covered by this judicial review - those who have received their HSMP approval letter before 3 April 2006 - and who have completed at least four years' continuous residence in the UK in a qualifying category, can now apply for settlement in the UK. Migrants covered by this judicial review will also not need to meet the 'knowledge of language and life in the UK' requirement, as this was not part of the settlement requirements when they first applied under the HSMP.

If the application for settlement is successful, migrants will receive a one-off payment to cover the cost of the second HSMP extension application, which would not have otherwise been required. In addition, if the application for settlement is successful and you apply for citizenship later, you will be considered to have been settled in the UK from the point when you first completed four years' qualifying residence.

http://www.breytenbachs.com/news.asp

[Cheffie]

Thanks for posting this Mcamp.

Will they be reviewing the Ancestral Visa ones too?

G

[mcamp999]

Thanks for posting this Mcamp.

Will they be reviewing the Ancestral Visa ones too?

G

Not at present, as far as I have been able to find out, the challenge was made by the HSM only as the terms on which they were given their Visas and the qualifying time and charge changed.

Personally I reckon there is another challenge to be made by those on ancestral and spouse visas but does someone have the time and backing to do it??????

[elainecoetzee]

Hi all, i need some help please!!! my great grandfather had an irish passport but he has been dead for 30years his son (my grandfather) never applied for his irish passport. i want to know if it is at all possible for me to get my irish passport? do they work on Ancestral visas etc. Please any info will help as i really want to try and get an irish passport.

thankx!!!!

[mcamp999]

Elaine Hi

Where was your grandfather born?

[elainecoetzee]

Hi,

Thanks for getting back to me, he was born in south africa.