future HSMP Extension question.

[tipu20]

Hi All,

We know home office change their criteria from time to time and based on that hsmp forum have filed a case and won for the Pre Nov 2006 rules on HSMP extension. I believe the basic idea behind that case was if a person enters the UK on HSMP criteria at the time of his entry he should be treated on the same on the future extensions.

Can someone help me understand what will happen to the HSMP Holders post Nov 2006? If the Home office changes the criteria of points based system etc... Do we must qualify under the new rules (Tier 1 or any new name) in place at the time of extension or leave if can’t qualify? Or should we be happy to know that our future extensions will be treated on the criteria on which you were admitted to UK under HSMP post 2006 rules.

Regards,
Tipu

[geriatrix]

Can someone help me understand what will happen to the HSMP Holders post Nov 2006?

As of now, all post-Nov'06 HSMPians must fulfil Tier 1 extension criteria.

If the Home office changes the criteria of points based system etc...

Not wise to make presumptions or offer suggestions on things unknown.

regards

[Spear]

The Home Office has made the point many times that they can adjust the qualifying points bar for new or extension criteria at any time. That way they can control numbers of migrants admitted or allowed to continue in the programme (either Tier 1 or Post Nov 2006 HSMP). Since Post November 2006 there is no legitimate expectation because all applicants sign the declaration below as part of their application:

'I am aware that the rules and regulations governing points-based system applications may change in the future and do not assume that the requirements covering any future applications will be the same.'

That line has even been included in the FLR(HSMP) form for pre Nov 2006 extension applicants (covered by JR). However it would not apply to them based on the judicial review policy document.