header-logo header-logo

Home Login E-newsletter About us
03 July 2008 / Joe Middleton , Mark Henderson
Issue: 7328 / Categories: Features , Public , Employment
printer mail-detail

Public law update

© Copyright LexisNexis 2026. All Rights Reserved.

HIghly skilled migrant programme
Expulsion

LEGITIMATE EXPECTATION
In a series of recent cases the courts have grappled with issues of legitimate expectation as they relate to people granted leave to live and work in the UK under the highly skilled migrant programme (HSMP). These migrants are by definition exceptionally well qualified and make a valuable contribution to the UK. Their problem has been that, having been encouraged to come here on a programme leading to settlement (permanent residence), the rules of the programme and their eligibility for employment were suddenly changed and they found themselves facing the prospect of having to leave the country.

AA and HSMP Forum
The first pair of cases arise from changes to the HSMP criteria in November 2006. These meant that many of those already on the programme who had expected to be able to settle in the UK in due course, suddenly became ineligible for any extension of leave. The appellants in AA (Pakistan) [2008] UKAIT 00003 (21 December 2007) had originally applied for HSMP status

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll