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On 06th April 2009, the High Court held that the Home Office's changes to conditions for permanent residency under the Highly Skilled Migrant Programme (HSMP) were unlawful.

On 06th April 2009, the High Court held that the Home Office's changes to conditions for permanent residency under the Highly Skilled Migrant Programme (HSMP) were unlawful. To qualify for permanent residency (Indefinite Leave to Remain), anyone who had applied for the HSMP before April 3, 2006 was required to maintain 4 years continuous residence in the UK. The Home Office subsequently changed this period to 5 years, which has been declared unfair and unlawful. Anyone currently on the HSMP programme may be one of the estimated 10,000 migrants affected and could already be eligible for Indefinite Leave to Remain, or will be eligible one year earlier than indicated on their visa/ Home Office letter. The Home Office will be publishing Policy and Procedures for those affected on 20th May 2009 (as indicated on their website) so watch that space.

Please forward this information to others who may be affected. Anyone with additional questions can reach me on the contacts below.

Links with further information:
Times Article on HSMP
http://www.timesonline.co.uk/tol/news/politics/article6047817.ece

Home Office's responses to the court's ruling:
April 23, 2009 - http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/indefiniteleavetoremainforhsmp1
April 14, 2009 - http://www.bia.homeoffice.gov.uk/sitecontent/newsarticles/indefiniteleavetoremainforhsmp

Regards,

Flora Mutuku

Advocate,

Immigration and Property Law

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Moorehouse's Solicitors

Unit 23 F10, N17 Studios

784 - 785 High Road, Tottenham

London, N17 0DA

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