I'd argue to the contrary and offer HSMP Forums vs the Home Secretary, where the Home Secretary (under the last Labour government) tried to increase the ILR period for HSMP migrants already in the UK from four years to five years and the E&W High Court stuck the increase down for people who were already in the UK under that specific visa.jcasey wrote: ↑Thu Jun 19, 2025 1:22 pmwhen the qualifying period for ILR was increased from 4 to 5 years in 2018 through Immigration Rules Appendix ECAA (affecting Turkish Businessperson visa holders), this change was not overturned by the courts. Based on the precedent set by that case, it is reasonable to assume that a similar change would also not be struck down.
I wonder if the changes to the Rules in the ECAA/Turkish Businessperson visa holders were because of the Brexit process that was going on at the time. Keep in mind that the ECAA (the Turkish European Communities Association Agreement) was imported into the UK under EU law and hence would have been impacted by Brexit.
I suspect that changes to wholly domestic Immigration Rules may be treated differently by the courts.
