18-07-2009, 12:38 PM
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.â€Â
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.â€Â