Highly skilled migrants immigration rights examined

The Highly Skilled Migrants Programme (HSMP) was introduced by the Government in 2002 to encourage people with exceptional skills to come to the UK to work. The programme provides a route to permanent residence if certain criteria are satisfied, including the precondition that individuals "intend to make the UK their main home." Thousands of highly skilled people have relocated their homes, families, jobs and businesses to the UK as a result of this programme.

In 2006, the Government made a number of changes to the Immigration Rules, including lengthening the qualifying period before settlement and tightening the requirements for extending leave. These changes apply not only to future applicants under the HSMP but also apply retrospectively to people who have already relocated to the UK under it.

The Committee has considered the human rights compatibility of these changes in the light of widespread concern arising from their harsh impact on people who have sought to make this country their main home based on what they have previously been told by the Government but may now face deportation.

The Committee's Report concludes that the changes are clearly not compatible with the right to respect for home and family life under article 8 of the European Convention on Human Rights and are contrary to basic notions of fairness. It recommends that the Immigration Rules should be amended so that the changes apply only to future applicants to the HSMP and that those already granted leave to remain under it when the relevant changes took effect should be treated according to the rules which applied before those changes.

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