This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk_politics/7336360.stm
The article has changed 8 times. There is an RSS feed of changes available.
Version 3 | Version 4 |
---|---|
Immigration rule change 'illegal' | Immigration rule change 'illegal' |
(about 1 hour 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 44,000 people in the UK under old rules must leave - but the Home Office say 1,370 are affected. | |
Judge Sir George Newman ruled that the original scheme should be honoured. | |
The government is considering an appeal against the ruling. | |
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. |
A Home Office spokeswoman said that the number of people affected by the change in the rules was much lower than claimed. | |
She said that about 16,000 people who arrived under the old rules would have to meet the new points criteria. | |
The Home Office estimates that about 1,370 of them would no longer qualify. The court ruling means they should be continue to be judged under the old scheme. | |
Are you affected by this court ruling? Send us your comments and experiences by filling out the form below. | Are you affected by this court ruling? Send us your comments and experiences by filling out the form below. |