Migrant Scheme Reforms May Have Breached Law

The government breached anti-discrimination laws after controversial changes to its immigration programme for highly-skilled workers, the Commission for Racial Equality believes.

The watchdog has written to the Border and Immigration Agency’s director general, Lin Homer, warning that it carried out an inadequate assessment of reforms before their introduction late last year.

The highly-skilled migrants programme (HSMP) was launched in 2003 and allowed workers pledging to make Britain their main home to claim permanent residence after four years. But campaigners say up to 40,000 people already living in the country, such as entrepreneurs, IT specialists and scientists, have been affected by the retrospective application of new rules designed to stop abuse of the system.

The rules prioritise age, education and previous earnings – setting a minimum threshold of £35,000 – and no longer take into account previous work experience, or significant or exceptional professional achievement.

Nick Johnson, director of policy and public sector, told Ms Homer: “We are of the clear belief that the [race equality assessment] of the changes to the HSMP does not fully comply with the requirements of the Race Equality Duty.”

Public bodies have a duty to promote racial equality and the vast majority of people on the highly-skilled migrants programme are from ethnic minorities. “It appears that consultation with key stakeholders has not taken place,” he wrote. “The justification that is provided … is weak and unsubstantiated. No evidence is provided to support the suspicion that a rush of applications would ensue, or what the impact of this rush would be.”

It warns that the department does not “provide data or reasoned argument” to support its argument that there would be little or no adverse impact.

Mr Johnson also questioned why the assessment said European Economic Area nationals would benefit from changes. He added: “The aim of the HSMP should be to attract the mostly highly-skilled migrants to the UK and not to create space for EEA nationals at the expense of non-EEA nationals.”

Mr Johnson asked officials to respond within the month. The letter was originally obtained by Personnel Today magazine.

A Home Office spokesman said: “We will respond fully to the letter when we have given it the careful consideration that these important issues deserve.”

Amit Kapadia, spokesman for the highly-skilled migrants programme forum, said: “It is completely unfair. We are not against the government making immigration changes, but it is wrong to apply them retrospectively.

“People came on pledges made by the government – that they would be able to settle in four years – and have sold properties and brought their families. Now their plans have been devastated.”