HSMP Extensions

[Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future]

This page explains the arrangements that the Home Office have put in place for migrants covered by the 8 April 2008 judgment in the judicial review brought by the HSMP Forum Ltd. These arrangements have already been put in place and the application form is attached to this post.

You are covered by the judgment if you joined Highly Skilled Migrant Programme (HSMP) under the arrangements in place until the programme was suspended on 7 November 2006. If you joined the HSMP under the arrangements in place from 5 December 2006 you are not covered by the information in this section.

Migrants covered by the judgment fall into a number of groups, depending on their circumstances. The Home Office currently have arrangements in place for:

Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
You fall into this group if you currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future. The requirements for an extension of stay will be those that were in place before 7 November 2006.

Migrants who were refused an extension of stay and are in the process of making an appeal
You fall into this group if you have been refused an extension of stay under the HSMP arrangements in place after 5 December 2006 and have an appeal or judicial review outstanding against that refusal. The Home Office will withdraw the decision that led to the appeal or judicial review claim and will reconsider your case and decide whether you meet the HSMP extension of stay requirements in place before 7 November 2006.

Migrants who were refused an extension of stay and switched to a different immigration category
You fall into this group if you did not apply for an extension of stay under the HSMP arrangements in place after 5 December 2006 and switched your leave into another immigration category. You can apply for Tier 1 (General) even if you have switched into an immigration category that is not normally permitted to switch back into Tier 1 (General). If you do not meet the requirements for Tier 1 (General), the Home Office will consider your application under the HSMP extension of stay requirements in place before 7 November 2006.