Overview

The HSMP Forum is a collection of highly skilled migrants who have come together to contest changes in immigration law which adversely affected HSMP holders. To date there have been 2 significant changes to the HSMP scheme which have been successfully contested by the HSMP forum. If you applied for the HSMP prior to 7th November 2006, these changes may directly affect you if you are applying for an extension of your HSMP or indefinite leave to remain (ILR).

8th April 2008 Judicial Review - HSMP Extensions

The HSMP scheme was initially introduced in 2002 with the intention of recruiting highly skilled foreign workers to the UK. The scheme remained largely the same for the next 4 years before a substantial overhaul of the scheme culminated in a new points based assessment, which was introduced on 5th December 2006. The new scheme focused on applicants earnings potential and academic qualifications but ignored professional qualifications and work experience. Furthermore the new criteria was also applicable to extensions and not just new applications.

This change in policy directly affected thousands of HSMP holders, who had used professional qualifications and work experience to enter the UK. Where previously they only needed to show ongoing economic activity, HSMP holders now needed to show academic qualifications to qualify for an extension. This ruling was the catalyst for the creation of the HSMP forum who successfully contested the decision and this led to the 8th April 2008 Judicial Review. 

The decision by Justice Sir George Newman to find in favour of the HSMP Forum, meant that HSMP holders who had submitted their initial application prior to 7th November 2006 could now once again apply for an extension under the old FLR (HSMP) criteria.

If you have any questions about your eligibility for an extension of your HSMP, please feel free to contact First Migration on 0203 178 2048.

6th April 2009 Judicial Review - ILR 4 Year Rule

When applicants first came to the UK under the HSMP, it was on the premise that after 4 years they would be able to apply for indefinite leave to remain (ILR) and subsequently British citizenship. In April 2006 a change of policy meant that all HSMP holders would now have to spend 5 years inside the UK, despite the earlier promises of the British Government.

Following the initial success of the HSMP Forum, a second judicial review was filed to overturn the governments change of policy in regard to ILR. On 6th April 2009 the decision was awarded in favour of the HSMP Forum and the Home Office was forced to back down. This decision allows HSMP holders who had applied prior to 3rd April 2006 to qualify for ILR after only 4 years.

If you have any questions about your eligibility for ILR or whether the Judicial Review affects you, please feel free to contact First Migration on 0203 178 2048.