The Hindu : Front Page : Highly skilled Indians score a win in U.K.

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Wednesday, Apr 09, 2008
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Highly skilled Indians score a win in U.K.

Old scheme under which thousands came to U.K. cannot be altered
“Such changes amount to abuse of power”

London: Highly skilled Indian workers in the United Kingdom on Tuesday won a landmark judgment when the High Court ruled that it was “not open to the government to alter the terms and conditions” of an old scheme under which thousands of such employees came to Britain.

Upholding the revision petition filed by the Highly Skilled Migrants Programme (HSMP) Forum against retrospective changes effected to the HSMP in November 2006, the judgment said: “The old scheme constituted an integrated and entire programme.”

It was “not open to the government to alter the terms and conditions upon which the pre-arranged stages were to be implemented.”

The Forum represented 49,000 highly skilled workers, including doctors, engineers, technocrats — mostly from India — who had come to the U.K. under one of the most popular schemes introduced in January 2002 to attract “high human capital individuals” who had the qualifications and skills required by U.K. businesses to compete in the global marketplace.

Under the scheme, points were allocated for educational qualification, age, salary and the U.K. experience and U.K. study. But the government effected changes in the scheme under which the HSMP visa holders had to reappear for examination under the new scheme.

This necessitated higher annual income and had age restrictions to get their visa extended.

Justice Sir George Newman, in his judgment, observed: “In the circumstances, I am satisfied that the terms of the original scheme should be honoured and that there is no good reason why those already on the scheme shall not enjoy the benefits of it as originally offered to them.

“Good administration and straightforward dealing with the public require it. Not to restrain the impact of the changes would, in my judgment, give rise to conspicuous unfairness and an abuse of power.”

Amit Kapadia, Executive Director of the HSMP Forum, said he was satisfied with the judgment. It vindicated their belief that justice would prevail despite sustained “unfair and discriminatory” treatment by the Immigration Ministry. The ruling has come as a great relief for thousands of people eagerly awaiting the outcome.

The Parliamentary Joint Committee on Human rights, in its recent report, condemned the retrospective rule changes made to the HSMP. — PTI

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