The Commission's observation is a welcomed support for about 40,000 HSMP visa holders from India, most of whom face the prospect of expulsion from the UK as the government, under the new rules, refused to grant automatic visa extension, saying they should get qualified for it on the points-based system.
Amit Kapadia, Director of HSMP Forum, spearheading the cause of the affected Indians, said, "The Commission for Racial Equality clearly stated to Immigration and National Directorate and Border and Immigration Agency that the new changes are discriminatory and the analysis of the flawed Race Equality Impact Assessment clearly proves that the changes are ill-intended to disadvantage ethnic minorities and other non-European Economic Area nationals in UK.
"It also clearly projects that Immigration and National Directorate is intending to replace non-EEA nationals (more than 80 per cent consisting of Indians and other ethnic minorities) with EEA nationals."
The HSMP changes implemented in November 2006 by the UK Government clearly are based on certain plans to eradicate ethnic minorities from UK, Kapadia said.
In a statement, the Commission pointed out that the Race Equality Impact Assessment, "...refers to European Union nationals and the advantage they will experience - an unusual inclusion considering that this policy is not applicable to them."
"A significant reduction in the number of successful applications from non-EU nationals will no doubt create space in the workforce for EU nationals looking to fill managerial and professional positions," it said, adding that the aim of the HSMP should be to attract the mostly highly skilled migrants to the UK and not to create space for EU nationals at the expense of non-EU nationals.
The Commission further noted, "We are of the clear belief that the Race Equality Impact assessment of the changes to the HSMP does not fully comply with the requirements of the Race Equality duty."
"Consultation on the proposed Points Based system, a separate policy, which does not make explicit the premature changes to the HSMP, reveals that the advice of stakeholders has not only been ignored but directly contradicted.
"For example, respondents indicated that age and previous salary were among the least important attributes for Tiers 1 and 2, and emphasised that skills and English language should be prioritised. However, age and previous salary have become core priorities through the changes to the HSMP."
