Highly Skilled Migrant Program (HSMP)
Those who were granted visas under the Highly Skilled Migrant Program (HSMP) before the changes brought in on 8 November 2006, will know that they are now expected to meet the new Rules when applying to extend their visas after the initial twelve months.
On 7 November 2006 the Home Office gave less than 24 hours notice of the proposed changes to the existing points based system, which affects all new applications and all applications to extend existing visas. Whilst the changes benefit some, others already holding visas have found that they no longer qualify for an extension of their visa.
In a recent court case an Immigration Judge agreed that an individual who was adversely affected by the changes had a “legitimate expectation” that his visa would be extended, as he had placed reliance on the guidance previously given out by the Home Office, which had suggested that he would be able to extend his visa when the time came. Because of this, his human right to a private and family life, protected by Article 8 of the European Convention on Human Rights, was breached by the changes.
This case provides a glimmer of hope to all HSMP visa holders affected by last year’s changes.
Anyone who holds an existing visa in this category but who finds they cannot meet the new requirements might want to obtain specialist legal advice about whether they can make similar arguments in their own case.
8 May 2007
Hannah Graves