The HSMP forum, which has been leading a fight against the new immigration and visa rules, on Friday said the British Home Office has "betrayed" them as HSMP visa holders were given "discretionary leave to remain" in the country rather than an HSMP extension.
It said discretionary leave is usually issued to asylum seekers and over-stayers and others. "The Home Office is treating HSMP holders as asylum seekers and over-stayers. This is the worst treatment an elected government of a country can give to highly skilled migrants who have been enticed to come to UK to contribute to the economy," Sreekumar Nair, head of R&D, HSMP Forum said.
As per the Immigration Rules for discretionary leave, one cannot apply for Indefinite Leave to Remain (ILR) until completion of six years, the forum said adding the qualifying period for ILR as an HSMP holder is five years now.
Citing a case, the HSMP Forum said, Rajesh Kumar Sharma who felt relieved after winning his appeal later realised what was in waiting.
"I and my family had a long delayed fight in the courts to get our HSMP extension but in return we came to know that I will loose my HSMP status itself and would be given a
discretionary leave, which will deprive our further stay in this country after three years. The courts also accepted that the Home Office has been unfair but injustice prevails," Sharma said.
Amit Kapadia, executive director of HSMP Forum said, "This is yet another setback for many HSMP visa holders who came to UK in good faith believing the promises made by the UK government."
"This is treachery keeping in mind the appeals were won on human rights grounds connected to the HSMP status and after highlighting the unfairness of the broken promises which were made by the Home Office," he said.
A judicial review filed by the HSMP Forum challenging the November 2006 retrospective changes to HSMP criteria is scheduled to take place soon.
The Parliamentary Joint Committee on Human Rights in its report recently condemned the retrospective rule changes made to HSMP and recommended urgent amendment to the immigration rules.
"We recommend that the Immigration Rules be urgently amended so that both the lengthening of the qualifying period for settlement and the introduction of stricter requirements for the extension of leave apply only prospectively, that is, to future applicants to the HSMP," the Committee said.
The committee also recommends that those who had already been granted leave as a highly skilled migrant on the HSMP when the relevant changes took effect should be treated according to the rules which applied before those changes.
"We recommend that the government accept that where a change to the Immigration rules engages a Convention Right (as here), it does not have an unfettered power to make changes to the Rules," the committee said.
The Home Office had in November 2006 made certain changes in its immigration and visa rules. The HSMP forum is spearheading challenges against the changes in the visa rules which have affected thousands of Indians who have come to the UK on HSMP visa.
