Highly skilled migrant programme (HSMP) Forum Judicial Review – Judgement of 6 April 2009

Prior to 3 April 2006 the continuous leave requirement for indefinite leave to remain (ILR) under the highly skilled migrant programme (HSMP) 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.

The UK Border Agency is currently looking into implementing the court’s decision. Remedies will be published as soon as they are finalised.

Link to the Judgement

New Immigration Fees

The UK Border Agency has published it’s revised Immigration fees.

New Fees

Suspension the fee for Certificate of Approval

With effect from 9 April 2009 the UK Border Agency is suspending the fee for Certificate of Approval applications. This means that individuals making an application for a Certificate of Approval on or after this date will not be required to pay the fee.

The fee has been suspended in order to comply with the House of Lords judgment in the case of Baiai v the Secretary of State for the Home Department.The UK Border Agency is now carefully considering the implications for those who have already paid a fee and will shortly announce its policy in this respect.

We will keep you informed as soon as the UK Border Agency makes any further announcements.