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Upholding the revision petition filed by the Highly Skilled Migrants Programme (HSMP) Forum against retrospective changes effected to HSMP in November 2006, the High Court in its judgement said: “The old scheme constituted an integrated and entire programme.”
It said that it was “not open to the government to alter the terms and conditions upon which the pre-arranged stages were to be implemented.”
The Forum represented 49,000 highly skilled workers including doctors, engineers, technocrats - mostly from India - who had come to the UK under one of the most popular schemes introduced in January 2002 to attract “high human capital indviduals”, who have the qualifications and skills required by UK businesses to compete in the global marketplace.
Under the scheme points were allocated for educational qualification, age, salary and the UK Experience and UK Study.
But the Government effected changes in the scheme in November 2006 under which the HSMP visa holders had to reappear for examination under the new scheme which necessitated higher annual income and had age restrictions to get their visa extended.
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