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Legal History
The HSMP Precedent: How We Won Before
February 04, 2026 •
5 min read
History often repeats itself, but so do legal victories. The strongest weapon in our arsenal against the proposed retrospective changes to the 5-year route is the HSMP Judicial Review of 2008.
The History:
In 2006, the Home Office retrospectively applied new, stricter criteria to those on the Highly Skilled Migrant Programme (HSMP), effectively forcing thousands who had already built lives here to leave.
The High Court Ruling:
In a landmark judgment, the High Court ruled that the government had abused its power. Justice Mitting stated that there is a "Legitimate Expectation" that the State will honor the terms under which migrants were invited to enter.
Why It Matters Today:
The current threat—extending the 5-year route to 10 years for those already here—is legally identical to the HSMP error. We are not asking for new rights; we are simply asking the government to obey the law established 18 years ago. Our legal team at Kingsley Napley, who were involved in that era's challenges, are using this exact precedent to protect your future.
The History:
In 2006, the Home Office retrospectively applied new, stricter criteria to those on the Highly Skilled Migrant Programme (HSMP), effectively forcing thousands who had already built lives here to leave.
The High Court Ruling:
In a landmark judgment, the High Court ruled that the government had abused its power. Justice Mitting stated that there is a "Legitimate Expectation" that the State will honor the terms under which migrants were invited to enter.
Why It Matters Today:
The current threat—extending the 5-year route to 10 years for those already here—is legally identical to the HSMP error. We are not asking for new rights; we are simply asking the government to obey the law established 18 years ago. Our legal team at Kingsley Napley, who were involved in that era's challenges, are using this exact precedent to protect your future.