HSMP Judicial Review

The original Highly Skilled Migrant Programme which was launched in 2002 was suspended in November 2006, and relaunched on 5 December 2006 under new rules which introduced stricter extension tests.  As a result, some applicants who had been granted HSMP under the original arrangements no longer qualified to extend their stay in the UK under the revised scheme.  The HSMP Forum Limited subsequently brought a judicial review which was found in their favour on 8 April 2008 on the grounds that applicants who had already joined the HSMP prior to the change in rules had a legitimate expectation that new extension tests would not be applied to them.

Following the High Court ruling in favour of HSMP Forum Limited, applicants who were originally granted permission to enter or remain in the UK under the pre November 2006 HSMP arrangements may now apply to extend their stay under the HSMP, or to have their original conditions reinstated. 

Applicants who switched immigration categories or left the UK following a refusal of an extension of stay are also covered by the ruling and may ask for a review of the original refusal.  All applicants who now meet the requirements that were in place prior to 7 November 2006 will be granted permission to remain in or enter the UK for three years, or enough permission to remain in or enter the UK to complete the qualifying period for settlement, whichever is the greater. 

The Judicial Review policy arrangements for applicants who switched immigration categories and are in the UK under another immigration category, or who left the UK will be withdrawn on 31 July 2009.

The immigration status of dependants of applicants covered by the Judicial Review policy arrangements will mirror that of the principal applicant.

If you first applied for HSMP status in the UK before 7 November 2006 would like any information on the Judicial Review arrangements, please contact us for a free assessment of your eligibility to have your HSMP reinstated.