Prior to 3 April 2006 the continuous leave requirement for those applying for indefinite leave to remain (ILR) under the HSMP was that they had spent 4 years continuous residence in the UK. On 3 April 2006 this period was increased to 5 years. The HSMP Forum Limited brought a judicial review against the Home Secretary on the basis that those who entered the scheme before the qualifying period was raised from 4 to 5 years should be eligible for ILR after 4 years under the scheme. The judge found in favour of the HSMP Forum on this point. The UK Border Agency has been given 42 days to implement the judgement. If any of our clients feel they are affected by this particular judgment they should contact us as soon as possible, particularly if their leave to remain is due to expire within the next few weeks. Full details of the UKBA policy on this matter will be circulated once published.
For more information on the Highly Skilled Migrant Programme please contact
Marian Dixon or
Peter Dixon.
This article was first published in Business Immigration eBulletin May 2009.
