History
The Highly Skilled Migrant Programme was introduced on 28 January 2002. The scheme was significantly changed in two ways. First, with effect from 3 April 2006 (Immigration rule change - HC 1016) HSMP visa holders who were previously guaranteed settlement after four years now had to wait five years before applying for ILR. Secondly, on 7 November 2006 (with changes taking effect from 8 November 2006), with a points-based assessment for new applicants and those wishing to extend their stay (FLR) being introduced. This prompted protests, with many HSMP visa holders fearing that the retrospective nature of the changes will force them out of the UK, and the joint House of Commons and House of Lords Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation and finding that the case to revisit the retrospective nature of the changes was "overwhelming". The application of these HSMP changes to those already in the UK as HSMP holders as at 7 November 2006 was ruled as unlawful in a judicial review and the UK Border Agency subsequently honoured the FLR outcome of the judicial review, implementing a remedy which allowed impacted migrants, including those who left the country, to apply to have leave under the new points-based UK immigration system instated in place of their lost HSMP leave.
Read more about this topic: Highly Skilled Migrant Programme
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