Govt 'acted unlawfully' in changing migrant rules

High court told up to 44,000 migrant workers affected

Tuesday, 08, Apr 2008 12:00

The government acted unlawfully in changing the rules governing highly-skilled immigration.

The Highly Skilled Migrant Programme (HSMP) Forum has won a high court challenge to the government's reforms to the way highly-skilled migrants can apply to work in the UK.

It has been ruled the original terms of migrants' entry should be honoured and the government was wrong to retrospectively apply the reforms.

The HSMP Forum said around 44,000 people who came to the UK under the old rules could have been forced out as a result of the changes.

However, the Home Office has disputed the forum's argument.

Border and immigration minister Liam Byrne said: "This is a very straightforward case, which affects just 1,300 highly skilled migrants.

"Did we give migrants a big enough warning that the rules could get tougher while they were here? We said yes, others said no."

The Home Office is now deciding whether to appeal the ruling, but said it was "right" for the judge to look at the case.

Previously, highly skilled migrants could apply to settle in the UK after an assessment of their qualifications, experience and earning ability.

They were provisionally granted entry for a year, with eligibility for a two-year extension and then a further three years.

But in 2006 the government announced that anyone reapplying for a work permit would have to score sufficient points under a new scheme that included salary and age.

Speaking for the HSMP Forum, Michael Fordham QC told the high court the government had "moved the goalposts" for those previously admitted.

"If they do not have a particular qualification or level of earnings they are required to leave," he explained.

The forum estimated up to 90 per cent of those admitted would be no longer eligible to remain.

The high court's decision today agreed that the original terms of entry should be honoured.