Richard Ford, Home Correspondent
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Thousands of skilled immigrants face deportation after the Government unlawfully and unfairly changed the rules allowing them into the country, a parliamentary committee says.
It criticises the Home Office for applying new rules retrospectively against thousands of the “bright and the best” encouraged to come to Britain to boost the economy.
The Lords and Commons Joint Committee on Human Rights urges Liam Byrne, the Immigration Minister, to change the rules to ensure that they apply only to new migrants, rather than the 49,000 who have already arrived under the Highly Skilled Migrant Programme.
The committee says in its report today that the changes breached the European Convention on Human Rights.
The migrants came to Britain under a scheme that awarded points to people with the skills that Britain needed and offered them the prospect of permanent settlement. But the rules were tightened last year when ministers decided that settlement would take five years rather than four and changed the points system. Points were no longer awarded for work experience, significant career achievements and having a skilled partner. Instead they related to previous earnings, qualifications and age.
The changes were introduced after some migrants were found to be working in the food industry and as taxi drivers rather than in skilled work.
MPs have been deluged with complaints from migrants who sold their homes and brought their families with them under one set of rules, and who now have to apply to remain under another set.
The committee says that after the changes many migrants no longer qualify for permanent residency and face the prospect of deportation with their families, despite having made their homes in Britain. This was a clear breach of the right to respect for home and family life contained in Article 8 of the European Convention on Human Rights.
“The case for immediately revisiting the changes to the rules in Parliament is, in our, view overwhelming,” the report says.
It adds that the aims of the changes are legitimate but applying them to people who have already settled under existing criteria is neither “in accordance with the law nor proportionate to the legitimate aim which the changes seek to achieve”.
Andrew Dismore, the committee chairman, said: “These changes are patently unfair, truly a case of moving the goalposts. What is being proposed is to cheat on the deal through which people have legitimately made decisions over their life here in the UK.”
The Home Office said: “The Government is committed to managing the numbers of foreign workers entering the UK in the national interest. The changes were needed to ensure that tougher checks on foreign workers are carried out both here and abroad to guard against the risk of abuse.”
Amit Kapadia, of the Highly Skilled Migrant Programme Forum, said: “The Government lured migrants to come to the UK to benefit the economy, then they changed the rules. People have made sacrifices, selling property, abandoning careers and moving their families. These rules should not operate retrospectively.”

Migrants programme
Out-of-country migrants accepted for HSMP scheme between January 2004 and September 2006:
India 4,000
Pakistan 1,900
Nigeria 1,300
US 1,250
Australia 900
In-country applicants approved from January 2002 to September 2006:
India 11,854
Australia 3,078
Pakistan 2,002
South Africa 1,434
New Zealand 1,407
Source: Home Office

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For those few trained professionals who come to Britain to a) help us b) earn a better living for themselves then I more than welcome them. On the otherhand for the majority of immigrants who come to our country, drain our resources, bringing with them a large family (which the common tax payer no doubtably brings up) then they should be deported. Simple as.
Gilly, Dundee, Scotland
I met my Romanian partner in September 2007 and he lives with me in my house. He is a fantastic guy and he is hoping to make his home here in England with me and we are hoping to marry as soon as possible. But I have a mortgage and bills and a relatively small wage. I am supporting us both because of the totally unfair rules against the Romanians and Bulgarians working. My partner feels awful because he wants to work to support me, he is not interested in our benefits, he just wants to work to support me and so that we can raise the money for our wedding. Because he cant work we cant raise enough money to marry. Its a stupid and hopeless situation and so unfair that the majority of the Poles are only here to work to send the money back to Poland to build houses and eventually move back (thanks very much England!) If there is one rule for one it should be the same rule for all.
A very frustrated, annoyed and peeved born and bred English lady
Shell, Milton Keynes, England
No steps has yet been taken by the Home Office to ease the pressure on HSMP migrants and pressure is building on our lifes and our families. We are contributing to the economy with the restriction on our visa "No recourse to public funds". Steps should be taken for those immigrants who are not contributing to the economy and are using public funds. We are trying our best to settle done here so please allow us to do that. Skilled migrants are an important part for the economy of any country and those countries have tough rules for skilled immigrants should losse the race of economic growth.
Kamran, London, Surrey
Be Fair. Why do you design such policies? Don't treat Human beings as a commodity.
a, bristol, uk
Immigrants arriving into the Country day by day only add to the problems regarding cost not solve them. Short term they may help but long term they cause more problems. The only comments I ever hear or read about are their ârightsâ and how much they âcould contributeâ to the taxes they might bring in. In actual fact most immigrant workers usually work for a factory owner who is him/her self from that part of the world and do take financial advantages of this. The wages are low and are usually made up in tax credits. So therefore they cannot pay hardly any money towards tax system. This also doesn't include any health issues for them and their relatives who may need help from time to time with the NHS, who pays for this then? So why do we keep hearing people usually from wet Liberals or left wing labour supporters saying we should embrace them and allow no restriction on any immigrants as they do contribute to the Countries economics. This is a myth not a fact.
Michael Garfield, London, UK
Living in Birmingham, one of the most heterogenous cities in Europe, and working as academic researcher with colleagues from more than 80 countries, enables me to be clear about the significant contribution of skilled migrants . However, I don't know why a highly educated Chinese or Egyptian holding Master and Doctoral titles is not permitted to work here, while unskilled workers from Bulgaria, Romania and Poland have been very much welcomed.
Alex, Birmingham,
The Goverment definitely breached the rules they made and right of the people they once promised to give them chance settle down in the country after they worked for the country. The home office used their dominant power to stamp their decision on the weaker side, and extended the years that the foreign workers stayed in UK before they can get PR without any bit concern about how it would hurt the life of these workers who are paying taxes and filling labour hole for the country.
Xing, London,
Which 'human rights act' protects British workers from an horrendous onslaught of immigrants taking jobs that we desperately need ourselves? I am constantly amazed how every foreigner in the country has 'rights' but I have none. I, the British worker, have to live on benefits, I have no right to work. This Government has a great deal to answer for.
Judy , Liverpool, england
To J Smith: HSMP's are a good part of the reason why the economy of this country is doing so well and why lazy Brits can claim benefits.... migrants and immigrants that have no recourse to public funds are footing that bill.
As for criminality, you should look to the BNP for that. I believe a good few of the members have criminal records and a recent one was found with a hoard of explosives... no better than terrorists... so forgive me if your stance on criminality is a bit of a laugh!
Chantel, UK,
II am glad that there are voices standing up to say no to the rules introduced in Britian about immigrants. so much for perceived threats to British jobs that the rules changes as its suits whomsoever.
Arthur Gomah, Accra, Ghana
It is hardly fair or reasonable to blame these migrants for taking undemanding work that isn't related to their skills - they are not the only ones in this situation.
Thousands of home-grown, highly-trained doctors, teachers, nurses and computer programmers (to name just a few groups) are unable to find work that makes proper use of their skills. Despite this, the government continues to welcome in large numbers of migrants from the same professions, but probably less fluent English. The inevitable result is that many of them will end up working in roles that don't match their qualifications - just like their home-grown equivalents.
Gill, Southampton, UK
The report by the House of Lords and House of Common committee is really encouraging and giving new blood to all HSMP already settled in the UK. Thanks for the sincere efforts of both houses. I would like to highlight my achievements as HSMP in UK. My name is Jehanzeb Khan from Pakistan. Prior my coming to UK with my family, I was working in UNITED Nations Development Programme (UNDP) on very high profile position. I was allowed to UK under HSMP on the basis of my qualification and experience like my other colleagues of HSMP. Very recently I offered 2 world class positions of Human Resources Officer by World Food Programme (I have a documentary proof) but I declined these offers just for the sake of my settled family and children schooling in UK and further with this intention that next year in 2008 my indefinite is due in accordance with the Home Office letter. Inshort, We HSMP will not leave Uk as it is our mai My regards and thanks to all settled HSMP forum members.
Jehan zeb Khan, Peshawar, Pakistan
Hats off to you Suzie.Its high time that the government must admit that the drain to the british resources are the so called European Union citizens who migrate in hundreds a day coming to UK to earn lower than minimum wages.The figures 13,000 expected and 2 million arrived should be an eye opener to the open door policy of labour!!
Derek Rohan, London, UK
Its Quite suprising to see people who have come under HSMP working in MacD and Driving Taxis... I agree its violation of agreement which was commited to this people at the time of applying for visa ,but what we need to think is What prevent them from start using Benfits system in the UK after 4 yrs ...which would be bothering the Govt.
Ideal would be give them a visa for 10-15 yrs with NO Recource to public fund .. after than they can be a PR ..
johh, London, UK
Whilst I am one of those fortunate to still qualify under the revised HSMP visa criteria and process (and very pleased to be able to continue to call the UK home) I concur with Rodney that the changes have less than ideal consequences for those of us that wish to stay on. It is now much harder to settle into a life in the UK and set up a home when we have to reapply for the HSMP visa extension after 2 years. So we are granted the HSMP visa but only issued as a stamp in our passport for two years, after which we are allowed to apply (and pay more fees for the privelege) for a further 3 year extension. The problem with this is we've now been refused mortgages by 3 banks because they view the HSMP visa as less certain by being in two seperate stages - they are uncomfortable with the slight chance that the extension won't be granted. So if we wait til the extension is granted (in 2 years time) will the banks be nervous because there is only three years left ?
simon, margate, UK
Presumably those with Al Queda links will continue to be welcomed.
Dr B. Flaks, Congresbury, UK
Dear Suzie Q,
Please bear in mind that Highly Skilled Migrants and their families are not allowed to seek any benefits therefore, they are not causing drain on Britain's resources.
Mushtaq Ahmed, Leeds, W. Yorkshire
II am glad that there are voices standing up to say no to the rules introduced in Britian about immigrants. so much for perceived threats to British jobs that the rules changes as its suits whomsoever.
Arthur Gomah, Accra, Ghana
If people who were considered to be highly skilled migrants are later found to be doing 'less skilled' jobs, then there is a deficiency in the highly skilled migrant programme. This can be solved quite easily. By ensuring that all visas issued for HSMP are linked to job offers, a yearly review of P60 and statement of tax paid, the government should be able to tell that these guys are in their right profession and are earning a salary that commensurate their status.
Goldsworthy Davies, London, United Kingdom
How are these so called "skilled workers" of any benefit to the UK if they are working as taxi drivers or kitchen staff . Send them back along with their families.
Stormy, Paphos, Cyprus
The changing rules are already backfiring the Home Office intentions. I know some HSMP colleagues that have left the UK and taken overseas jobs in countries more serious in their migration rules. The change of 5 years for settlement Vs 4 it is extremely unfair. I am a HSMP myself and in almost four years in the scheme I have paid £40-50k in taxes, but it seems it is not good enough for Gordon Brown. I am trying to get in contact with my colleagues so I may be able to join them where my skills (well my taxes!) are more appreciated.
Ricardo Morales, London,
SEND THEM ALL HOME!
the Bitish people NEVER asked for mass immigration!
if you can give them british citizenship as a bit of paper you can take it away!
they have had there fun deviding up our communities into mini no go countries and raising rape and murder and unemployment levels, while destroying national security and the countries future stability. now time to get their things together and dissapear.
perhaps they can now make something of their OWN countries that they deserted now they have taken our education!
personally i will be voting BNP before my grand children face a white genocide as featured in much of africa today.
still the goverment like the immigrants as they get 75% support from them in elections so anyone objecting to labours imported alien voters will be branded racist and lose their job...is stalin a member of the labour party, it appears he would fit in just fine.
j smith, east london hellhole, eussr
When I had to renew my HSMP visa I was caught by surprise with a completely new system in place. The Home Office was incapable of informing me about the changes in advance. Perhaps they should take some lessons with the Inland Revenue. They always manage to keep in touch.
Suddenly, I had to fly to Paris to get an English test (IELTS) done. The test is part of the new rules and it would take me many weeks to get a seat for the same test in Britain with the risk of loosing my visa if I waited.
The new points system seems more objective than the previous and my visa was renewed despite of the changes. But in any case, it is unfair that others may be expelled even if they are able to meet the requirements initially defined when they moved to the UK.
It is also very hard to make long term plans and for instance buy a property here since one can't be sure if there will be more changes that may turn him/her from a welcome professional into a persona non-grata.
Rodney, London,
retrospective changes to the law, unfair laws, govenrment intrusion into every aspect of your life...Welcome to Gordon Brown's Britain!
Peter, London, The Democratic Peoples Republic of Kircaldy
One problem is what the narrow-minded government see's as a "skill" and what is means to be "highly skilled". Before we got married, my wife and I looked through this form, as she thought of applying. On the scheme from a year ago, she would have gained access fine - but, ironically, the HO changed the scheme the day we posted the application.
On the new scheme, it looks like only Nigerians with MBA in Buisiness Management who are 28 years old are allowed in!
It does not support gynecologists, translators, interpreters, architects, software engineers, etc, OR people from South-America, the Middle-East or East Africa. And certainly does not take into consideration local wages vs UK wages. To be honest, I think that as long as someone has any skill, and a job offer, and can prove 6 months later they have work and are paying taxes, and have not got into any trouble, they should be let in. Forget about qualifications - concentrate more on having people working in the vacant jobs!
Adam, Maidenhead, UK
It is not the highly skills migrants the government should be penalising- it is those who are less skilled; who don't speak English, earn low salaries and arrive with large families who are a drain on Britain's resources and make no effort to integrate.
Suzie Q, Macclesfield, Cheshire,