Highly Skilled Migrant Programme
HSMP Forum judicial review (extension of stay)
This page explains the arrangements that have been put in place for migrants covered by the 8 April 2008 judgment in the judicial review brought by the HSMP Forum Ltd.
You are covered by the judgment if you joined the Highly Skilled Migrant Programme (HSMP) under the arrangements that were in place until the programme was suspended on 7 November 2006. If you joined the HSMP under the arrangements in place from 5 December 2006, you are not covered by the information in this section.
Migrants covered by the judgment fall into a number of groups, depending on their circumstances. We currently have arrangements in place for:
Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
You fall into this group if you currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future. The requirements for an extension of stay will be those that were in place before 7 November 2006.
Migrants who were refused an extension of stay and are in the appeal process
You fall into this group if youwere refused an extension of stay under the HSMP arrangements in place after 5 December 2006 and have an appeal or judicial review outstanding against that refusal.We will withdraw the decision that led to the appeal or judicial review claim, and will reconsider your case and decide whether you meet the HSMP extension of stay requirements in place before 7 November 2006.
Migrants who were refused an extension of stay and switched to a different immigration category
You fall into this group if you have been refused an extension of leave under the HSMP arrangements in place after 5 December 2006 and subsequently switched to another immigration category in which you currently hold valid leave. You can ask us to review your original refusal under the arrangements that were in place before 7 November 2006.
Migrants who did not apply for an extension of stay and switched into another immigration category
You fall into this group if you did not apply for an extension of stay under the HSMP arrangements in place after 5 December 2006 and switched your leave into another immigration category. You can apply for Tier 1 (General) even if you have switched into an immigration category that is not normally permitted to switch back into Tier 1 (General). If you do not meet the requirements for Tier 1 (General), we will consider your application under the HSMP extension of stay requirements in place before 7 November 2006.
Frequently Asked Questions
-
I obtained HSMP leave under the old arrangements and currently hold a grant of leave that will take me to the settlement threshold. How am I affected?
As you will be able to apply for settlement once you reach the threshold you are, in practical terms, unaffected by the judgment. However, if for whatever reason, you do not wish to apply for settlement, you will be able to apply for another grant of leave under the terms of the special policy.
- How are dependants affected? Dependant status will follow that of the principal applicant.
-
I was on the HSMP but left the country before 7 November 2006. How am I affected?
You are not covered by the judgment. You cannot claim that you left the country because of the new extension test as no announcement was made about it before 7 November 2006.
- I am one of the people covered by the judgment and I have not yet heard the outcome of an application for further leave in Tier 1 (General). What is happening? Your application is being processed. If it is successful you will receive a grant of leave as normal. If it would have resulted in a refusal, your application will be reviewed to see whether it meets the HSMP extension of stay requirements in place before 7 November 2006.
-
I was granted discretionary leave following an appeal. Will that time count towards the settlement threshold.
If you successfully apply to switch back to highly skilled migrant status under the terms of this policy, the time spent between your last grant of HSMP leave and new grant as a highly skilled migrant will count towards the settlement threshold.