Frequently Asked Questions | SMA Support
Common questions about the visa changes and our strategy.
Legal Challenge
We are challenging potential government proposals to retrospectively increase settlement requirements from 5 years to 8, 10, or 15 years. We argue this violates the principle of 'legitimate expectation' — a legal right created when skilled workers entered the UK under rules that promised settlement after 5 years.
If the Home Office rejects our arguments without valid legal grounds, we will file a Judicial Review claim in the High Court. Our legal counsel at Kingsley Napley is fully prepared for escalation.
The Pre-Action stage typically requires a government response within 14–28 days. A full Judicial Review may take 6–12 months. We will provide updates through our newsletters and this website.
Impact & Eligibility
Yes, potentially. While our challenge is focused on Skilled Workers, the principle of 'legitimate expectation' applies to all settlement routes. A legal victory would protect the integrity of the entire immigration system.
Extended settlement timelines directly affect dependents — increasing IHS fees, visa renewal costs, and creating situations where children age out of dependent status. Our legal challenge explicitly seeks to protect family unit rights.
Yes. Health and Care workers operate under a Skilled Worker visa variation, so settlement rule changes typically apply to them too unless specifically exempted. We are advocating for universal protection across all skilled worker categories.
Donations & Governance
Yes. All fundraising is conducted through CrowdJustice, a regulated platform. Funds are transferred directly to the client account of Kingsley Napley and used exclusively for legal fees.
CrowdJustice holds funds until targets are met. Once transferred to lawyers and work has commenced, funds cannot be individually refunded. Any surplus funds will be handled in accordance with CrowdJustice's stated policy.
General
It is a nationwide data-gathering initiative to prove the positive economic and social contribution of skilled migrants in the UK, countering negative rhetoric and providing evidence for our legal and policy advocacy.
Kingsley Napley is an internationally recognised law firm based in London, ranked Tier 1 for Public Law and Immigration. They were selected for their combined expertise in immigration law and public law litigation.
Community-led WhatsApp groups exist, but misinformation spreads easily in unofficial channels. All official updates come exclusively through this website and our email newsletters.
No. As of now, these are proposals. The consultation period has closed and we are awaiting the official policy announcement. Our legal strategy is designed to act the moment any unfair retrospective rules are confirmed.
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