Gherson - HSMP

Policy announced to implement HSMP Forum judgment

Gherson — Fri, 11 Jul 2008 10:28:38 -0700

The UK Borders Agency (the “UKBA”) yesterday published a new policy in the light of the HSMP Forum’s successful application for judicial review of the changes to the qualifying criteria for extensions of leave to remain under the Highly Skilled Migrant Programme (“HSMP”).

Investors, Tier One ('Investor') Migrants and the need to invest

Gherson — Tue, 8 Jul 2008 00:00:00 -0700

A new statement of changes in the Immigration rules, called HC607, implemented worldwide the whole of Tier One of the United Kingdom Border Agency’s “points based system”.

New Tier one rules include concession of 13 May 2008

Gherson — Thu, 12 Jun 2008 11:18:08 -0700

Under the statement of changes in the immigration rules (HC 607) announced on Monday and which is effective from 30 June 2008, the UKBA has implemented the whole of Tier one of the points based system.

Tier 1: professional bodies - not UKNARIC - to judge value of qualifications obtained overseas

Gherson — Tue, 20 May 2008 00:00:00 -0700

Back in May of 2007 on this site we reported that the Border and Immigration Agency (the previous title of what is now the UK Borders Agency or the UKBA) was refusing applications by Iraqi, Nepalese, Sudanese and Filipino doctors (among others) for leave to enter or to remain in the UK under the Highly Skilled Migrant Programme. The United Kingdom National Academic Recognition Information Centre (UKNARIC) was appointed by the BIA to decide whether qualifications (including doctors’ undergraduate degrees in medicine) awarded by universities in the applicants' own countries were equivalent to the UK standard. It was assessing the doctors’ qualifications as not being “equivalent”.

Employers and Sponsor Licensing - severe consequences of refusal / revocation

Gherson — Tue, 6 May 2008 00:00:00 -0700

On 29 February 2008 the UK Border Agency opened the Register of Licensed Sponsors to employers wishing to issue Certificates of Sponsorship to migrants.

Certificates of Sponsorship will replace the current work permit system in its entirety when Tier 2 of the Points Based System goes live. The Agency currently anticipates that this will be in Autumn 2008. Employers who do not appear on the register will not be able to sponsor migrant workers.

No appeal by government from HSMP success in Administrative Court

Gherson — Tue, 22 Apr 2008 05:04:19 -0700

In a judgment handed down on 8 April 2008 Sir George Newman granted the HSMP Forum’s application for a declaration that the Secretary of State had unlawfully applied the changed provisions of the Highly Skilled Migrant Scheme to people who had entered the United Kingdom under the previous requirements of the scheme. The judge found that due to the terms of the guidance provided to the applicants when they entered the UK under the HSMP they had legitimately expected that their applications to extend their stay in the UK would be considered under the same criteria which had applied when they had been granted leave to enter. His crucial conclusion was:

Points based system - special time limited arrangements for people already in the UK

Gherson — Tue, 15 Apr 2008 00:00:00 -0700

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave. If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that further leave to remain.

Concession re no return rule - advice is essential

Gherson — Fri, 28 Mar 2008 00:00:00 -0700

Last week the Secretary of State, via her representative Lord Bassam of Brighton in the House of Lords, made an important concession regarding the scope of the general grounds for refusal contained in the recent statement of changes in the immigration rules, HC 321.

No return rule - those in UK now not affected if they go home before October

Gherson — Thu, 20 Mar 2008 00:00:00 -0700

The government’s most recent statement of changes in the immigration rules – HC 321 – implemented the Tier one (general) sub category of the new Points Based System. As was reported here on 14 February 2008 – the statement includes new “general grounds for refusal” which – at rule 320 (7B) - have the effect of requiring entry clearance officers to refuse any application from someone who has overstayed any previous leave to remain or who has previously entered the UK illegally, or who has used deception in any previous application for entry clearance. All applications are to be refused for a period of one year, but if the applicant returned to his or her home country voluntarily but at the UK’s expense all future applications will be refused for a period of five years after the person’s departure from the UK. If he or she was removed or deported - all applications will be refused for a period of ten years after the removal or deportation. People who used deception will always have to wait ten years before any future application will be not automatically be refused. The statement of changes indicated that these penalties will be applied from April 1 2008 – giving anyone affected by them effectively no time at all to return home and to make an application for entry clearance under the rules as they are at the moment.

General grounds for refusal - changes in the immigration rules HC321

Gherson — Thu, 14 Feb 2008 10:17:24 -0800

On 6 February 2008 the government published the latest statement of changes in the immigration rules. As expected the rules establish the new regime under which Tier one – the highly skilled tier of the points based system - will be implemented. The regime commences on 29 February 2008, when any highly skilled foreign national who is currently working in the United Kingdom will have to apply under the new rules for an extension of their stay. From 1 April 2008 highly skilled people in India wishing to enter the UK in that category will have to apply to enter the UK under the provisions of the new rules. By the summer the rules will apply to all highly skilled applicants for entry anywhere in the world.