Immigration lawyers have backed a damning report on government changes to the highly skilled migrant programme, calling reassurances that the new rules will not affect existing programme members 'disingenuous' and 'sophistry at its worst'.


The changes require skilled migrants to meet tougher criteria before being granted leave to remain in the UK. But a report by Parliament's joint human rights committee, published earlier this month, said the changes 'are clearly not compatible with the right to respect for home and family life under article 8 [of the European Convention on Human Rights] and contrary to basic notions of fairness'. It also refuted government claims that the changes will not affect existing programme members.



In a written reply, included in the report, Home Office minister Liam Byrne said the changes 'do not have retrospective application' because a migrant with initial leave 'will not have that grant of initial leave re-assessed'.



But this is 'completely disingenuous', according to Sophie Barrett-Brown, partner at London immigration firm Laura Devine Solicitors. The rules 'are plainly retrospective because they affect people already in the UK as highly skilled migrants'.



The programme provides a route to becoming a permanent resident in the UK, one taken by more than 49,000 people since 2002.



A spokeswoman for the Immigration Law Practitioners Association (ILPA) said the group backed the report. 'The government does not have an unfettered power to change the immigration rules, and changes to the rules must be compatible with convention rights,' she said.



Philip Barth, a partner at Penningtons, said a sizeable number of people currently in the programme may now not qualify for extensions. Government claims that the changes will not affect existing programme members were 'sophistry at its worst'.



Philip Trott, partner and head of immigration at City firm Bates Wells & Braithwaite, said the report would have a 'significant impact on the legitimate expectation argument' for any cases currently in progress against the new rules.



Rupert White