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| Version 2 | Version 3 |
|---|---|
| Immigration rule change 'illegal' | Immigration rule change 'illegal' |
| (10 minutes later) | |
| The government acted unlawfully in changing immigration rules for highly skilled workers who want to stay in the UK, the High Court has ruled. | The government acted unlawfully in changing immigration rules for highly skilled workers who want to stay in the UK, the High Court has ruled. |
| In 2006, a new "points" system, based on education, previous salary and age, was introduced, changing the criteria for remaining in the country. | In 2006, a new "points" system, based on education, previous salary and age, was introduced, changing the criteria for remaining in the country. |
| Opponents say this means 44,000 people in the UK under old rules must leave. | Opponents say this means 44,000 people in the UK under old rules must leave. |
| Judge Sir George Newman ruled that the original scheme should be honoured. The government says it wants to appeal. | Judge Sir George Newman ruled that the original scheme should be honoured. The government says it wants to appeal. |
| How points-based system works | How points-based system works |
| Under the Highly Skilled Migrants Programme, introduced in 2002, non-EU workers such as doctors, engineers and financiers were originally given UK entry for a year. | Under the Highly Skilled Migrants Programme, introduced in 2002, non-EU workers such as doctors, engineers and financiers were originally given UK entry for a year. |
| They could apply for a two-year extension, then a further three years before applying for settlement. | They could apply for a two-year extension, then a further three years before applying for settlement. |
| This was judged according to qualifications, experience and earning ability. | This was judged according to qualifications, experience and earning ability. |
| But in November 2006, the home secretary changed the rules, so anyone applying to extend their work visa would have to score points based on their education, salary and age. | But in November 2006, the home secretary changed the rules, so anyone applying to extend their work visa would have to score points based on their education, salary and age. |
| The Highly Skilled Migrants Programme Forum group brought the case against the government, arguing the new system was "grossly unfair" and "a clear case of breach of legitimate expectation". | The Highly Skilled Migrants Programme Forum group brought the case against the government, arguing the new system was "grossly unfair" and "a clear case of breach of legitimate expectation". |
| The group claims 90% of those who arrived before 2006, about 44,000 people, would no longer qualify to remain in the UK and accused the government of going back on a promise to let them stay after several years' work. | The group claims 90% of those who arrived before 2006, about 44,000 people, would no longer qualify to remain in the UK and accused the government of going back on a promise to let them stay after several years' work. |
| But the government says regulating the number of immigrants to the UK is in the country's interest. | But the government says regulating the number of immigrants to the UK is in the country's interest. |
| Are you affected by this court ruling? Send us your comments and experiences by filling out the form below. | |