Applicants under the HSMP before April 2006 may still get the benefits
After the recent ruling of the High Court in visa extension rules, a group that filed a judicial review is now pushing for the old rule of four years for permanent residence to be in place for all the HSMP visa holders who applied before April 2006.
Tier 1, a part of UK’s new five tier point system had replaced the HSMP earlier this year. Under the HSMP, points were calculated of the immigrants based on certain criteria like age, past earnings and qualifications. Based on these points, highly skilled immigrants were assigned jobs in Britain.
An advocate group for the HSMP visa holders, The HSMP Forum Ltd., sent a letter to the UK border agency explaining their concerns regarding the change. The letter warned that if any action towards granting the earlier four-year settlement rule for all those who entered UK before April 2006 was not taken within fourteen days, then they will go ahead with another judicial review.
The HSMP Forum Ltd. stated in the letter that part of recent ruling is worrying in terms of the mutual benefit between the United Kingdom and those who came to UK under the HSMP. The letter stated that the qualification of settlement after four years was an essential part of the package and that encouraged the immigrants to enter the scheme. The HSMP Forum Ltd. also sent some evidence along with the letter in order to back up their argument.
The HSMP Forum Ltd. mentioned that the guidance in 2002 clearly stated that one can achieve indefinite leave to remain in the UK, in just four years.