The changes, applied with retrospective effect to the Highly Skilled Migrants programme (HSMP) in November 2006, were struck down by the High Court on April 8 as unlawful.

HSMP Forum, the campaign group which spearheaded public and legal challenges to the government regulations, is working with the Home Office to ensure that those who were forced to leave are allowed to return and be employed under the HSMP.

“It’s now the responsibility of the Home Office that those affected by the November 2006 changes should be allowed back into the country. We will be pursuing this with the government,” Amit Kapadia of the HSMP Forum said.

Unfair points

Under the scheme, points were allocated for educational qualification, age, salary and experience gathered in the UK. But after the November 2006 changes, HSMP visa holders had to reappear for examination requiring higher annual income and had age restrictions. 

“The forum was at liberty to appeal in court if the April 8 judgement was not implemented in letter and spirit,” Kapadia said.

Meanwhile, the Home Office has decided not to appeal against it on the ground that it did “not intend to waste taxpayer’s money with an appeal”.

Lin Homer, chief executive of Border and Immigration Agency, informed Kapadia in an email: “We are now urgently considering how to give effect to the judgement and will let you know the details as soon as we can.