Are you aware of the thing what would happen if you are holding a Highly Skilled Migrant Program approval letter to stay in the UK, that is too based on the immigration rules that were in force prior November 7, 2006 in today’s context? Well, if you have the approval letter and you being permitted to remain in the country, you should be aware of the judicial review judgment brought about on April 8, 2008 by HSMP Forum Ltd.

In other words, highly skilled migrants who are allowed to extend their stay in the UK in accordance with the arrangements effective before November 7, 2006, they may be affected by the judgment of April 8, 2008. However, people who have applied for HSMP as per the arrangements in force from December 5, 2006 would not be affected by the judgment!

Let’s have a look at the judicial review judgment of the HSMP Forum. This piece of information is useful for migrants under the HSMP as per the arrangements effective before November 7, 2006. If you are one of those migrants, read on and find out to which group you belong to, for which the UK Border Agency has arrangements:

• Migrants with HSMP leave, who have already applied for further stay in the UK or planning to do that: Migrants who are in the UK under the HSMP leave and intending to apply for further stay or have already appealed fall into this group. As per the April 8, 2008 judgment, these migrants would require to fulfill the requirements that were effective prior November 7, 2006 in order to extend their stay.
• Migrants whose applications for extension of stay have been disapproved and are trying to make an appeal once again: Applicants may belong to this group whose applications for extension of stay under the HSMP arrangements that were in effects after December 5, 2006 have been dismissed and have an appeal to make. As per the judgment, the UKBA will reconsider such cases and determine whether the applicants fulfill the requirements to extend their stay in accordance with the requirements that were in force prior November 7, 2006.
• Migrants whose applications for extension of stay have been disapproved and opted for another immigration category: Migrants who have applied for extension of stay according to the arrangements that were in force after December 5, 2006, but being refused for the same, and eventually considered another immigration category, basically the one under which they have been in the country lawfully, fall into this group! The April 8, 2008 judgment says that these applicants may appeal to review their original refusal in accordance with the arrangements effective prior November 7, 2006.
• Migrants who have not applied for the extension of stay, but opted for a different category to stay in the UK: Migrants who have not tried to extend their leave in the UK under the HSMP arrangements effective after December 5, 2006 and opted for another category come into this group. The judgment lets these migrants to apply for the Highly Skilled Migrant Category (Tier 1). However, if an applicant does not fulfill the Tier 1 (General) requirements, the UKBA will examine the application under the HSMP extension of stay arrangements effective prior November 7, 2006.

And for those who wish to file a fresh application as a skilled migrant to UK, it is important to know that the category under which they should now apply is Tier 1. To know more about the judgment review of April 8, 2008, contact an Immigration and Visa consultant!