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The Highly Skilled Migrant Worker Programme
The landmark decision for migrants under the highly skilled migrant programme (HSMP) was reached on 6th April 2009, www.bailii.org/ew/cases/EWHC/Admin/2009/711.html.
The HSMP Forum Ltd brought Judicial Review proceedings against the Home Secretary on the basis that those highly skilled migrants who acquired their status before the qualifying period for indefinite leave to remain (ILR) was increased from four to five years should still be eligible for ILR after four years on the scheme.Mrs Justice Cox DBE concluded that those migrants who already on the HSMP scheme when the changes were brought on 3 April 2006 should enjoy the benefits originally offered to them. The two main benefits promised to the Highly Skilled Migrants were the extensions of their leave based on economic activity and settlement after four years. Thus, ILR after four years of qualifying residence as originally promised to migrants admitted under the HSMP scheme before April 2006 must be maintained.
The Home Office decided not to appeal the judgment and finalised the implementation of the court's decision on 20 May 2009. The Policy Document produced as a result of the HSMP Forum decision can be accessed here.
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