On 8 November 2006 significant changes to the existing HSMP requirements were implemented. These included the introduction of a new points scoring assessment for extension applications. Any HSMP extension application submitted on or after 8 November 2006 was assessed against the new extension requirements. In February 2008, the first phase of the Points Based System (PBS) was introduced. As part of this change, HSMP was deleted in the United Kingdom (UK) and replaced with Tier 1 (General) of the PBS.

However, on 8 April 2008 the High Court allowed a claim for Judicial Review. That judgement will clearly have a bearing on anyone in the UK with HSMP leave granted under the Immigration Rules that were in place prior to 8 November 2006 and who will be making an application for further leave under Tier 1 (General) of PBS. The UKBA are now considering how to implement the judgement, and will make an announcement soon. In the meantime, applications for extensions of leave under Tier 1 (General) will be accepted. If applications are received before existing leave expires, that leave will be extended until the UKBA have made a decision on the application in light of the High Court judgement.

Please contact us now if this ruling affects you.