Under a new immigration law, persons above 28 years of age and earning less than £35,000 per annum would be ineligible to stay in UK.
LONDON: A Forum representing thousands of Highly Skilled Indian Migrants affected by recent changes in British Immigration law will move the High Court here tomorrow challenging what they called “the unfair new legislation,” affecting their future.
Almost 90 per cent of the 49,000 HSMP migrants (plus their families), majority of them Indians, are affected by the new law implemented with retrospective effect by the UK Home Office, HSMP Group coordinator Amit Kapadia said.
“The changes have been imposed on the HSMP holders retrospectively, in an undemocratic manner, without any consultation with the stakeholders or any notification to the HSMP visa holders,” he said.
Under the new immigration law, persons above 28 years of age and earning less than £35,000 per annum would be ineligible to stay here.
The UK Home office has been introducing controversial policies. In March, 2006, Indian and other non-EU doctors were told that they would not get jobs after their qualification tests. Then the settlement period for ILR (indefinite leave to remain) was increased from 4 to 5 years in April 2006.
On November 8, HSMP holders’ basic right for visa extension was denied, despite earlier promises.
The Forum has engaged a legal firm Bates Wells & Braithwaite to challenge the new rules through a judicial review.
The Forum lawyer Chris Randall said under previous rules HSMP holders would “qualify for extensions of stay and eventually for indefinite leave to remain in the UK.”
Once it is submitted before the High court for a judicial review, it might last three to five months before the court gives its verdict.
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