HSMP FORUM LTD CELEBRATES COURT VICTORY

The Highly Skilled Migrants living across the United Kingdom gathered at Warwick, Picadilly Circus in London on 18th April to celebrate the victory of the HSMP on the issue of ILR from 5 to 4 year.

The High Court on April 6 declared the Home Office's decision to increase the ILR period from 4 to 5 year as "unlawful."

Present at the programme were a large number of HSMP immigrants including Amit Kapadia, Executive Director of the HSMP Forum Limited, which initiated the case against the Home Office not to implement rules "retrospectively."

Participants from London, South East, Reading, Farnborough, Plumstead and other parts of the UK had gathered to celebrate the court victory.

The participants of the court victory celebration applauded the court verdict. There was remarkable presence of the Nepalese HSMP migrants, who played significant role to support the HSMP Forum Limited during the case.

In a verdict on April 6, justice Mrs Cox DBE had said: "I conclude, therefore, that it would be unlawful for the Secretary of State to withhold indefinite leave to remain from all those members of the HSMP who were already on the scheme before the 3 April 2006, by reference to a qualifying period of 5 years continuous residence. In the circumstances, since the policy of 9 July 2008 does not so provide, it is unlawful and the Court should intervene."

UK government has retrospectively changed the HSMP rules since it began in 2003. The HSMP migrants had also won the case last year.

All the retrospective changes were nullified by the court. However, the Home Office refused the visa of those immigrants who had applied for Indefinite Leave to Remain in the UK after completing 4 years.

"The justice said:"It was made clear during the hearing, as I have already stated, that the Secretary of State accepts that it is necessary to deal with the individuals who were members of the scheme before April 2006. She accepts too that no individuals should be disadvantaged in relation to being removed from the UK and in relation to being asked to pay an additional fee. However, in my judgment, the proposed policy referred to in the letter of 19 February 2009 does not go far enough, for the reasons I have given."

After the court verdict, Amit Kapadia, Executive Director of HSMP Forum had expressed his satisfaction on the outcome of the legal challenge, which was initiated after pursuing the Border and Immigration Agency to make provision in the July 2008 policy document for those migrants who were admitted in the HSMP scheme before April 2006 to obtain settlement after 4 years.

Mr Kapadia had said “Government's decision to ignore these representations made by HSMP Forum lead to the legal challenge, which means that the taxpayer will pay the costs of tens of thousands of pounds towards legal proceedings. The Home Office’s continued attempts to apply policies which cannot withstand legal scrutiny only suggests that there is a dearth of skilled policy makers and Ministers. HSMP Forum hopes that the Home Office will learn its lessons and avoid a repetition of applying such unlawful retrospective legislations in the future.”