Highly skilled migrants within the cohort affected by the Judgement in the case of Balajigari (and others) are considered to have 3C leave by virtue of the fact that the original decisions were quashed by the Court of Appeal.
Section 3C leave allows an individual to continue on the conditions attached to their last grant of permission to stay and therefore in the case of these individuals they were not permitted to access public funds under Tier 1 (General).
Where an individual applied for indefinite leave to remain when their permission to stay had already expired they would not benefit from Section 3C leave. However, individuals in this position have been issued with Immigration Bail letters confirming their right to work and study.
As such we do not consider access to public funds is necessary for the purpose of these applicants as they are able to undertake employment.