Since the introduction of the new points based Highly Skilled Migrant Programme (HSMP) that came into being in November 2006, those already on the programme have continuously complained about various changes imposed on them, particularly when it came to extensions.
This resulted in a Judicial Application being filed by the HSMP Forum Limited because of the fact that this was not the same scheme that some 49 000 migrants and their families had initially registered for.
According to, David O’Dea, from Global Visas’ immigration section, applying for an HSMP is highly beneficial, “it allows those with a high level of skills to reside in the UK without requiring a British company to sponsor you or an offer of employment, as a result is provides people with greater flexibility.”
The HSMP came into being in 2002 with the intention of attracting highly skilled migrants to settle in the United Kingdom. However those that were already on the system since 2002 before the 2006 change feel they have suffered due to new laws.
Lobbying by Members of Parliament, a petition to the Prime Minister and a meeting held with the Immigration Minister culminated in the HSMP Forum Limited taking the Secretary of State for the Home Department to court for unlawful changes. “The immigration department was obsessed with defending their decision and where not open to any reasoning,” said Executive Director of the HSMP Forum, Amit Kapadia voicing his satisfaction in the court result.
“There is no reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them,” said Justice Sir George Newman, in his landmark judgement today.
According to the judgement, “the old scheme constituted an integrated and entire programme and that it was not open to the government to alter terms and condition upon which the pre-arranged stages were to be implemented.”
According to Baskaran Kumarasamy, Executive Committee Member of the HSMP Forum, “the UK High Court judgement reflects the feelings expressed by thousands of Highly Skilled Migrants and their families.”
Since March 2008 those already working the UK will be submitted under tier 1 of the points based system. Tier 1 visas are part of a five-tier immigration system which will be rolled out in the UK throughout 2008-2009. Tier 1 visas directly replace the Highly Skilled Migrant Programme and will be issued in four categories; General tier 1 visas, Entrepreneur visas, Investor visas and the Post-
Global Visas, UK’s top visa and immigration authority, deals with applications for HSMPs on a daily basis, providing services and advice in relation to the new system and points required.
