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Indian migrants in UK win court battle

Thousands of Indian and other non-European Union professionals have won a legal victory in the UK with the High Court allowing them to challenge retrospective changes to immigration rules that affected their status in London adversely.

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Thousands of Indian and other non-European Union professionals have won a legal victory in the UK with the High Court allowing them to challenge retrospective changes to immigration rules that affected their status in London adversely.

Amit Kapadia, head of the Highly Skilled Migrants Forum (HSMP), said that the legal challenge was against the Home Office forcing skilled migrants to extend their visas to five years when they were originally promised permanent settlement in Britain after four years.

Kapadia said that the delay of an extra year for permanent settlement had caused much hardship to migrants and their families.

At a hearing in the High Court, Deputy High Court judge Stuart Isaacs said the HSMP Forum ‘clearly has an arguable case’. He threw out an attempt by Home Secretary Jacqui Smith to stall proceedings.

A full hearing against the retrospective changes to immigration is due to begin soon. This signals another victory to Indian and other professionals who arrived in Britain under the HSMP programme, but found its criteria changed with retrospective effect.

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