Judicial Review & its impact upon FLR

I have tried my level best to get answer to my query but couldn't find an exact answer

I have seen few post that says that any one admitted under HSMP scheme from 2002 to Nov 2006 will be covered by the Old Rules. My question is

HSMP applicant who enters the UK under old rules but extended his stay under new rule will be eligible to apply for 2nd extension under new or old rules?

Any clarification would be great help
Thanks

Mrs Khan wrote:HSMP applicant who enters the UK under old rules but extended his stay under new rule will be eligible to apply for 2nd extension under new or old rules?

My two cents:
Nothing can change a person's status of being originally *approved under HSMP old rules* - not even the 1st extension approved under new HSMP / Tier 1 rules.

The JR is binding on the government and everyone approved between 2002 and pre-Dec 2006 falls within the scope of the judgment, irrespective of how they received their 1st extension (whoever has). Like everything the govt. does, this JR judgment is also retrospective in nature. .

Any extension - 1st or 2nd or 3rd - for all HSMP approvals between 2002 and pre-Dec 2006 will now have to be done on basis of *old rules* by UKBA, as directed by JR. For such applicants, fulfiling Tier 1 requirements at time of extension is nothing but icing on the cake.

regards

Thanks alot for your prompt reply.
So does this mean that even if HSMP scheme has been abolished & replaced with Tier sys we still can apply for extension on the basis of only being economically active ?

Yes, that is the whole point of the HSMP JR judgment which says (in summary):

Court Order
"It is ordered and declared that this claim be allowed and that the defendant has acted unlawfully in applying H.C. 1702 Rule 135D to persons already admitted to the Highly Skilled Migrants Scheme as at the 7th day of November 2006."

The following, published on the website of the group which fought the case against the governement, should clear all your doubts on the issue:

All those who were admitted in the HSMP scheme between 2002 and as at 7th November 2006 irrespectively of how many times they go for extension as Highly Skilled Migrants should be treated as per the old extension criteria of economic activity and attempts to be economically active.

No matter if it is Tier 1 today or some other new scheme in the future, the extension criteria relating to economic activity are now *frozen* because of the JR judgment. And applies to all those who had their HSMP applications approved under rules in place between 2002 and pre-Dec 2006 (65 points).

regards

sushdmehta wrote:The JR is binding on the government and everyone approved between 2002 and pre-Dec 2006 falls within the scope of the judgment, irrespective of how they received their 1st extension (whoever has). Like everything the govt. does, this JR judgment is also retrospective in nature. .

Any extension - 1st or 2nd or 3rd - for all HSMP approvals between 2002 and pre-Dec 2006 will now have to be done on basis of *old rules* by UKBA, as directed by JR. For such applicants, fulfiling Tier 1 requirements is at time of extension is nothing but icing on the cake.

regards

sushdmehta is right!

subject to HO take action on JR