Richard Ford, Home Correspondent
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Thousands of highly skilled migrants who were faced with deportation can now stay in Britain, a court ruled yesterday. The ruling is a blow to the Government and its attempt to demonstrate to the public that it is taking a tough stance to meet concern over the extent of immigration.
Sir George Newman, a High Court judge, branded the new rules unfair and migrant groups claim that they could mean up to 44,000 people having to leave the country. The numbers are disputed by the Home Office, which says that only 1,370 applicants are affected.
Under the old rules migrants had to say they intended to make their main home in Britain and were allowed to stay for a year initially. They could then apply for a two-year extension and a further three years before seeking permanent settlement. The system was based on qualifications, experience and earning ability, but in November 2006 the Government suspended the scheme for a month after it was found that some migrants had entered on forged papers, others were working in unskilled jobs and some were not working at all.
A new criterion was introduced where migrants would have to score points based on their education, salary and age. The changes were attacked by the HSMP Forum, which represents those on the Highly Skilled Migrant Programme. It said that the rules were unlawful and a breach of migrants’ legitimate expectations.
The High Court granted the forum a judicial review of the Government’s decision and ruled that the original system should be honoured for people already in Britain.
Sir George said that the changes were unfair to those already admitted to Britain under the programme and that there was “no good reason why those already on the scheme shall not enjoy the benefits of it as orginally offered to them”.
He added: “Good administration and straightforward dealing with the public require it. Not to restrain the impact of the changes would, in my judgment, give rise to conspicuous unfairness and an abuse of power.”
The court had been told by John Fordham, QC, that the goalposts had been moved for those previously admitted under the scheme. He said it was “a grossly unfair, massive change to the nature of the programme” visited on highly skilled individuals who had left their homes, relatives, friends and jobs and committed themselves to living in Britain.
The ruling comes after a call last year from the Joint Human Rights Committee of MPs and peers for the changes to be scrapped, arguing that it was a breach of the right to respect for home and family life contained in Article 8 of European Convention of Human Rights.
Amit Kapadia, executive director of the HSMP Forum, said: “People left their careers, uprooted their families to come to the UK and settle down. After some time you come up with new rules and say, ‘Forget all those promises, now you have to go back to your country’.”
Jacqui Smith, the Home Secretary, was ordered to pay the legal costs of the forum and was refused permission to appeal.
The Home Office insisted that the number involved was much lower than the 44,000 figure put forward by the forum. A spokeswoman said that about 16,000 people who arrived under the old rules needed their leave considered under the new rules. She said that 7,000 had had their cases considered and that only 650 had failed.
Liam Byrne, the Immigration Minister, said: “Did we give migrants a big enough warning that the rules could get tougher while they were here? We said yes, others said no. That’s why it was right for a judge to take a look at this case.”
Chris Huhne, the Liberal Democrat home affairs spokesman, said: “The ruling makes it clear that the Government’s decision to change the rules for highly skilled immigrants already working in this country was not only deeply unfair but also completely illegal. The Government must now recognise that you cannot invite people to come here to build lives and careers under one scheme and then simply move the goalposts.”
David Davis, the Shadow Home Secretary, said: “It is unfair that skilled workers who have made a commitment to this country should have the rules of the game changed after they have been welcomed.”

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Every cloud has a silver lining....We fought against unlawful act by the Home office and at last british value and democracy win.We believed as intellectual and we proved that law is for all and is above people who tried to cheat us.
Come on HO now implement it......
Ruby, Manchester,
I was affected and I am vitually not benefitted by judgement as I am going to complete 5 years.
We fought the case so that british value and democracy win.We believed as intellectual and we proved that Institution is above people who tried to cheat us.
smishra, hull, Uk
It's sad to see the ignorance of people like Mark, Milton Keynes, or David Bodden, London. I can bet that they do not understand a single word of scales of economy & just beacuse they are incompetent the blame goes to HSM who wants to contribute to an economy whilst sharing his knowledge n skills
Dominic, Bath,
My son and his wife are both 25 .He is the alumni of the University(5 years)-Engineer,Computerised systems of Power Stations.
His wife-Ginecologist and Midwife(7 years of Medical Academy).
I would never recommend them to come here. Canada-once accepted,people's lives are not played at.World laughs
elena, reading, uk
What obout the work permit holders who came before moving the goal post. Are we allowed to apply for ILR after completing four years in UK? Otherwise it is very unfair for work permit holders to be trated differently. We also had the same hope that we will be given ILR after four years of stay.
Ransi , Petersfield, UK
Of course Alicia... nothing to do with the British themselves... just foreigners who made the British Empire. By the way, the British Empire doesn't exist any more... its just just Britain now.
John , London, England
Even greater non sense and grave innjustcies are about to happen in the shape of the new immigration bill that is about to go to the Parliment. This has not been adverstised and not been consulted properly. None of the ethnic minorities have been consulted.
Syed, Preston, UK
I can not understand how homeoffice can be so dumb. Even a stupid person knows that they can not make changes retrspectively. They just waste the time and money of people and bring a bad repute to themselves.
If they want to stop people coming to UK, they should stop them before entering UK not afterwards making changes to the original rules. who will accept these changes, affected people will keep going to court. if you bring a person telling he will get the ILR in 4 years then make it to 5 years. maybe after 5 years they make it 50 years. its nonsense.
Andy Clewer
Andy, London, UK
It's just history repeating its self over and over - foreigners are invited into Britian to help build the economy and the only gratitude you get is a kick at the end of the day.
However, the Europeans are being welcomed with opened arms, when most are not as half as qualified; I wonder way? Could it be that Europeans fit in physically better than other nationalities? When will Britian understnad it's foreigners who have made the British empire what is is today!
alicia, London,
We Highly skilled Migrants came to the UK to work and contribute to the economy and we pay our taxes and are not entitled to any form of benefits.We have come with kids and we are not entitled to child tax credits nor working tax credits.We pay all our bills(NHS bills,council tax, we don't get any council house as we are not entitled to that as well),I keep thinking where people are get this notion that we are here to claim benefits where as we are working like slaves and don't get any help whatsoever.
There is a difference between highly skilled workers and asylum/refugee who come for help and HSM who have to show that they can live in the country without help from the govt.
How about the EU/Eastern Europeans who are here and breeding get benefits they are the ones who are causing all this mess.
What is wrong with honoring a man's word.If it were the British in my shoes and such a thing was done to them what will happen.Mugabe has sent out white farms and there is a cry for blood.
Cynthia, Newcastle, England
Dear Person from Angel, London;
Please read my previous comment two below your rant. Maybe if they would actually let the British students become doctors, then the problem you have made for yourself is null and void.
No university wants my Britsh £3,100 a year when they can get three times that from international students.
Mike, London,
Does the topic area really matter? This seems to be a simple example of the government trying to change the rules after the game has started - something that is hopefully abhorrent to anyone with a basic sense of fairness.
Jack, Oxford,
Before you decide to send the immigrants home have a very good look around your hospital the next time you go in. Stop being too British to the point of killing the British People, we need each other to survive.
Be realistic about the amount of British doctors and health care providers that Britain has then think hard about opening your mouth about sending people packing.
angel, london, uk
Mark of Milton Keynes
Sponger am I?
My company gets paid in excess of £150 000/yr for my services from overseas based companies. Of this a large portion reports to the tax man, which pays for your benefits - I am not entitled to anything. If not for professionals like me companies in the UK would have to scale down operations which would cost locals jobs.
I strongly suggest that you research the subject and learn to distinguish between someone who sneaked in on the back of a lorry and highly skilled people that are making a big contribution here.
P van Eeden, Chiswick, London
8 A Levels and 10 GCSE's all A's and B's but can't get into a single uni now for 2 years. I was the only person in my college Chemistry, Biology or Maths class that was English.
They are all happily on their way now to getting a degree while I sit and wonder what I'm doing wrong. Well I've given up feeling hopeless now because it isn't my fault. The universities make packets more money from international student fees and non-British students.
Maybe I should pack up my bags and go study in the USA where I might be appreciated..if I can stay inthe country that long, that is, because I hear they have a DECENT immigration policy there!
Mike, London,
HO is coming up with new rules again, this time requiring ALL migrants who are applying for citizenship to play active roles in the community like coming up with sportsfest or something to that effect. HSMPs are ECONOMIC MIGRANTS, whom they are expecting to work to meet their "new" 75point scheme and yet they want them to immerse themselves to such time commiting endevours. They expect HSMP people to work, not get any public fundings, get 40% of their salary and still have time and energy to go and organise the community on an activity.
Melanie, Norwich, UK
"Jacqui Smith, the Home Secretary, was ordered to pay the legal costs of the forum".
I wish this were true. As ever, it's helpless misgoverned British taxpayers who'll be paying these costs.
Gordon Alexander, Frome, UK
This is actually a case of wallop the majority for the crimes of the few. I happen to believe that migration, properly administered, can bring many benefits to a society. And even today we British, in ratio to our population, have a huge migrant and expatriate population around the world.
The problem, again, is a lack of political clear thinking and policy making. Anti-terrorism, sex-trade trafficking, skilled Indian IT professionals, seasonal fruit-pickers, Joe Bloggs' Ukranian fiancee, nondom fatcats and insisting that Brazilian footballers' wives speak English do not constitute a single issue . Agreed, there are some common threads, but the core issues are really quite different.
Binge-migration? yes - don't let the few spoil Britain's gloriously diverse, liberal and liberated, cosmopolitan society, but equally do not deprive it of some of its best assets. Police the criminals. Migrant or otherwise.
Mike L, Chippenham, Wilts
Judges should not override law passed by a democratically elected Parliament. Sir George's idea of 'reasonable' clearly conflicts with that of elected MPs and the Lords
It is becoming intolerable to have petty dictators in wigs legislating for society. This is not 'rule of law' it is 'rule of judges' inventing their own law.
Fati, Dalston, UK
Makes sense to me. You can't change the rules once someone is already here.
If they got in by lying or having false papers then thats a different matter but it doesn't require a retrospective rule change to get them out as they broke the rules in the first place.
A points system (and stricter checking) for all NEW applicants would seem to be the way to go.
Adrian Matthews, Horley, Surrey
When a British person complains that the government policy on immigration of skilled people damages (or in my case destroys) their livelihood they are demonised as a racist and their protests dismissed without consideration. When a migrant worker complains about being shafted by the government then unlimited funds goes on lawyers to peruse the case and judges support them.
Yes, they probably were screwed by this incompetent government, but they should never been allowed to take the jobs in the first place. There is not and never has been a skills shortage in the UK.
Many British people will suffer for the rest of their lives and some have died because of this government policy. British people with good skills have been thrown on the scrapheap; youngsters seeing no long-term benefit from gaining skills. The cost to the exchequer is huge with lost revenue and extra expenses. It will take a generation to repair the damage done.
David Bodden, London,
Human rights!!!!.What about the Human rights of British people suffering because of the influx of so many imigrants. We just shouldn't let any more people in...FULL STOP...and those here that are scrounging should be sent straight back home! British laws need to be changed to protect the British people.
Jayne, Leicester,
The Government changed its policy, probably as a result of increasing disquiet amongst the electorate at the level of immigration, why not? Governments change many policies such as tax rates, benefit rates etc and bring in new laws etc. That is what they are elected to do. It would be strange and counter productive if everything stayed the same. A Government is not even legally bound to honour manifesto commitments once elected, so why on Earth should a policy aimed at helping one group of immigrants be sacrosanct?
G Lauder, Dunfermline, Scotland.
Human rights or no, what Mark says are inescapable facts, and is supported by examples of those desperate to reach the UK who may be found daily at Sangatte and Cherbourg, as opposed to wishing to remain in France or their nearest country.
Terry , L'Absie, France
I find it interesting the Home Office says we were given enough notice when no information on the new rules was available until they came into effect on Feb 29 and even now when I am trying to get my extension to stay there appear to be no timelines as to when i can expect a decision to be made even though I qualify under both the old rules and the new rules..
HSMP Migrant, London
Melanie, London,
Yet another 'shutting the barn door ' policy. Is this Government capable of anything?
Roger, Surrey,
The migrant influx is doing nothing for our countrys stability or native born individuals. We are a small island with a limited capacity. This labour government, as always, has done to little to late to avert this immigration crisis. We have a shortage of homes and jobs for our own native born people because we see them given away to imigrants who swan into this country, hands held out for their benefits. We should do as other countries do, kick these spongers out without appeal and for those coming in, turn them straight round and back on a boat to where they came from.
Mark, Milton Keynes, UK
It is just another attempt at introducing retrospective law. It typifies the attitude of the Prime minister and his government in as much as he has no scruples about convicting people who have acted legally under the law of the yesterday , but who under the laws of today would be deemed to have broken the rules. Exactly what confidence can anyone have for acting in a legally approved manner and what an incentive for people to act illegally now since even if they don't do something wrong and remain honest citizens they may be found guilty tomorrow. Brown and Mugabe - any similarities there?
Stefan , Paris, France
Here we go again...................
Ian Payne, WALSALL,
I believe court's verdict is a true reflection of British laws as well as human rights.
J Williams, Redhill, Surrey