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Home Office to implement court’s decision on HSMP

“We will publish our remedies as soon as they are finalised”

14th April 2009: Following the recent ruling that changes to the highly skilled migrant programme (HSMP) rules were unfair, Home Office is looking into implementing the court’s decision.

“We will publish our remedies as soon as they are finalised” UK Border Agency said in a statement.

Prior to 3 April 2006 the continuous leave requirement for indefinite leave to remain (ILR) under the highly skilled migrant programme was that migrants should show that they had spent four years’ continuous residence in the United Kingdom. The four year qualifying period was increased to five years’ qualifying residence on 3 April 2006.

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 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.

SEE: Changes in skilled labour rules scrapped, compensation now open 

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