Tougher HSMP rules under fire in UK

Highly Skilled Migrants have been frustrated by the Home Office changes to the HSMP rules that determine where foreign workers can either come to the UK, or continue to live in the UK.The changes were announced in November, 2006.

Almost a third of HSMP migrants may not be able to extend their visas in the UK. Legal professionals, migrant support groups, and government ministers have protested against the changes.

Higher earnings are required before applicants can qualify for the Highly Skilled application. Work experience is no longer a consideration for HSMP applications. The changes, effective from December 2006, also award an increased number of points for educational qualifications.

Although less than 25,000 foreign nationals have migrated to the UK under the HSMP scheme, the Home Office has introduced the changes to combat abuse of the previous rules.

Most objections to the changes are focused on the retrospective nature of the changes. Although critics accept it is the resposibility of the Home Office to make such changes to the rules to ensure the right people are allowed into the UK, many are angered that the new rules will also apply to people who have already come to the UK to establish a new life.

Applicants who initially applied and were approved under the scheme accepted the Home Office guidance at the time which stated that they would be eligible to apply for Indefinite Leave to Remain after four years, if they remained economically active. After relocating their families to the UK, it appears the goal posts have now changed.

Highly Skilled Migrants have formed the protest group, HSMP Forum, and now plan to launch three judicial reviews into the Home Office changes.

Migrants, now living in fear and uncertainty, have joined the Immigration Law Practitioners Association in lobbying the Home Office, who maintain that the changes are in the interest of the UK.

The government estimates that economic migrants add £4 billion a year to the UK’s GDP.