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.
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.
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category, or who left the UK will be withdrawn on 31 July 2009.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
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.