Immigration rules judged 'illegal'

In last month's ESsential News, we described the new points system for deciding immigration applications. Since then, the High Court has ruled that the Government acted unlawfully in 2006 in changing immigration rules for highly skilled workers who want to stay in the UK.

The Highly Skilled Migrants Programme, introduced in 2002, gave non-EU workers such as doctors, engineers and financiers, entry to the UK for a year. Application could then be made for a two-year extension, and after a further three years, application could be made for settlement. Those applications were judged according to qualifications, experience and earning ability.

In 2006, the Home Secretaary changed the rules by introducing a new 'points' system, based on education, previous salary and age, changing the criteria for remaining in the country.   

The Highly Skilled Migrants Programme Forum Group brought the case to the High Court, arguing that the new system was "grossly unfair" and "a clear case of breach of legitimate expectation". They claim that 90% of those who arrived before 2006, about 44,000 people, would no longer qualify to remain in the UK.

They accused the Government of going back on a promise to let them stay after several years working in the UK. Judge Sir George Newman has now ruled that the original scheme should be honoured.   

The Government is considering an appeal against the ruling.