HSMP

Three of Gherson’s clients – all of them doctors whose qualifications had been approved by the General Medical Council (the “GMC”) - have obtained extensions of their stay as highly skilled migrants following the indication that they would shortly issue applications in the Administrative Court for judicial review of the Border and Immigration Agency (“BIA”)’s decisions to refuse their extension applications. 

In its report published on 9 August 2007 the Joint Committee has concluded that changes in the Immigration Rules made in 2006 under which persons admitted under the Highly Skilled Migrant Programme (HSMP) may apply for extensions of their stay in the United Kingdom (and thereafter for indefinite leave to remain) are not compatible with the UK’s obligations under Article 8 of the European Convention on Human Rights (ECHR). The changes in the rules of April 2006 extended the required period of residence (to qualify for indefinite leave to remain) from 4 to 5 years and those in November 2006 tightened the requirements which have to be met in order to qualify for an extension of leave.

UKvisas, the joint Home Office and Foreign and Commonwealth Office service dealing with applications for visas to come to the UK, has published the Report of the Independent Investigation: Breach of Data Security in the VFS Online UK Visa Application Facility, Operated Through VFS Websites in India, Nigeria and Russia. Linda Costelloe Baker, the Independent Monitor for entry clearance cases without right of appeal, was the Independent Investigator. 

Under the Highly-Skilled Migrant Programme (HSMP), candidates score points for earnings, academic qualifications, age and having worked previously in the UK.  One of the most controversial aspects of the revised scheme introduced in December 2006 is that a person without a degree (including vocational and professional qualifications) which is equivalent to a UK Bachelors degree will not qualify under the scheme, whatever their earnings. The scheme no longer takes account of work experience, save for awarding points for having previously worked in the UK. 

Considerable media attention has been given to the United States' offer to give skilled foreign workers the opportunity to settle permanently in the United States of America, an offer that was withdrawn almost as soon as it was made. On 12 June 2007 the US State department published its June Visa Bulletin. This said that almost all the foreign workers previously considered eligible for a visa sponsored by a US employer could apply for the coveted ‘green card’, giving them the right to live and work permanently in the US. The deadline for applications was 2 July 2007. But on 2 July 2007 the US State Department issued an update to the June Visa Bulletin. This said that, with immediate effect, there would be no further authorisations of green cards based on employment.

The House of Lords in the UK parliament is continuing its scrutiny of the proposals for new immigration legislation in the UK, the UK Borders Bill.

Much of the debate in the Grand Committee of the House of Lords has been about proposals that people given leave to enter (a visa) or remain in the UK should carry a biometric identity document. The UK currently does not have a system of identity cards for nationals, although it has passed a law, the Identity Cards Act 2006, that would allow it to introduce such a system in the future.

The UK Home Office is consulting on proposals radically to ‘simply’ UK immigration law. The consultation paper includes a discussion of the Points-Based system being introduced for those coming to work or undertake economic activity in the UK.

The UK Prime Minister, the Rt Hon Gordon Brown MP, has stated that:

‘We will expand the background checks that are being done where highly skilled migrant workers come into the country. Where people sponsor them, we will ask them to give us their background checks.’

In NM (“leading an independent life”) Zimbabwe [2007] UKAIT 00051, the Asylum and Immigration Tribunal (AIT) considered the meaning of ‘leading an independent life’, within the provisions of paragraph 197 of the UK Immigration Rules.  This rule sets out the circumstances in which dependent relatives of people who are not settled (i.e. do not indefinite leave to remain, ILR) in the UK, for example the dependent relatives of work permit holders or people in the UK under the Highly Skilled Migrants Programme (HSMP) are permitted to remain with their relatives in the UK. 

Under the Highly Skilled Migrant Programme (HSMP) points are awarded in a number of categories, including previous earnings. The countries in which the worker earns money are divided into bands and the number of points given for a particular level of earnings depend upon the band you are in. The Border and Immigration Agency (BIA) of the Home Office have recently published notification of an error in the guidance on the number of points in respect of Band B countries. The guidance notes incorrectly state that 25 points are available for earnings of £1,500+ in Band B. This guidance amount should cite £11,500+ as the correct figure.