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Highly Skilled Migrant Programme
The Highly Skilled Migrant Programme (HSMP) was a scheme from 2002 until 2008, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It was different from the standard UK work permit scheme in that applicants did not need a specific job offer in the UK. It has now been replaced by Tier 1 (General) of the new points-based immigration system for those who are already living in the U.K. with HSMP and Tier 2 for those who are currently living outside of the U.K. or living in the UK in a different immigration category.
==History==
The Highly Skilled Migrant Programme was introduced on 28 January 2002. The scheme was significantly changed in two ways. First, with effect from 3 April 2006 (Immigration rule change - HC 1016) HSMP visa holders who were previously guaranteed settlement after four years now had to wait five years before applying for ILR. Secondly, on 7 November 2006 (with changes taking effect from 8 November 2006), with a points-based assessment for new applicants and those wishing to extend their stay (FLR) being introduced. This prompted protests, with many HSMP visa holders fearing that the retrospective nature of the changes will force them out of the UK,〔(Skilled migrant workers protest ), BBC News, 11 January 2007, accessed 26 August 2007〕 and the joint House of Commons and House of Lords Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation〔(Tougher migrant rules 'illegal' ), BBC News, 8 August 2007, accessed 26 August 2007〕 and finding that the case to revisit the retrospective nature of the changes was "overwhelming".〔(Joint Committee on Human Rights: Twentieth Report of 2007 )〕 The application of these HSMP changes to those already in the UK as HSMP holders as at 7 November 2006 was ruled as unlawful in a judicial review 〔(HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department )〕 and the UK Border Agency subsequently honoured the FLR outcome of the judicial review, implementing a remedy which allowed impacted migrants, including those who left the country, to apply to have leave under the new points-based UK immigration system instated in place of their lost HSMP leave.〔(UK Border Agency HSMP Forum judicial review )〕
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