In R (on the application of HSMP Forum (UK) LTD) v Secretary of State for the Home Department [2009] EWHC 711 (Admin) (6 April 2009) the HSMP Forum has repeated its success of almost exactly one year ago.
One of Gherson's clients has succeeded in her appeal against the Secretary of State for the Home Department's refusal to extend her stay in the UK under a new category of the Points Based System (PBS) - that of a Tier 1 (Post-Study Work) Migrant.
The UK Border Agency has stated that over aged dependants of Tier 2 (ICT) applicants will not be granted permission to enter the UK. This is a marked difference from the previous work permit scheme. This applies even in the case of an over age adult child who is a dependant, due to a disability for instance.
The UK Border Agency is to produce a Financial Services Sector Guide on Tier 2 applications before 27th November 2008.
Source: Employers Task Force Meeting, UK Border Agency 18th November 2008.
© 2008 Gherson- Disclaimer ?Whilst Gherson makes every effort to ensure that the detail contained herein is correct, it is intended for information purposes only and does not constitute legal advice.
From 27 November 2008 Migrant Domestic Workers who work for diplomats and have a diplomatic domestic worker visa will be incorporated into Tier 5 of the Points Based System. This means they will only be able to remain here in a temporary capacity and will not be able to obtain Indefinite Leave to Remain (permanent residence) in the UK.
In June, we expressed concern that some courts were seeking to reintroduce the “truly exceptional” test in relation to claims under Article 8 of the European Convention on Human Rights (ECHR). In a welcome decision, AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801, the Court of Appeal has expressed concerns about “continuing controversy” about how the immigration courts should now deal with Article 8 claims and has set down clear guidance for the interpretation of the House of Lords’ judgment in Huang.
The UK Immigration rules make provision for young people, aged 17 to 30, from certain countries, currently the countries of the Commonwealth, to come to the UK for up to two years as working holiday-makers. One requirement is that a working holiday-make
The UK High Court has considered the case of the detention of a Jamaican woman ‘S’, her daughter ‘C’ and her son ‘D’ who were detained under immigration act powers, at a time when D was a baby under one year old and C was about to start school. The family were detained from late July 2005 until 1 December 2005. The High Court ruled that detention of this mother and her young children was unlawful from 15 August 2005 to 1 December 2005 and that the human right of the baby, D, to physical integrity had been breached by the circumstances of his detention, during which he developed rickets and anaemia.
In BM and AL (352D(iv); meaning of “family unit”) Colombia [2007] UKAIT 00055AIT, a Tribunal chaired by Mr Justice Hodge, President of the Asylum and Immigration Tribunal (AIT), considered the definition of ‘family’ in cases where recognised refugees seek to sponsor applications for entry clearance by family members so that the family members can join the refugee in the UK. The UK Immigration Rules set out the requirements for such family reunion. The appeals of BM and AL failed.
In NM (“leading an independent life”) Zimbabwe [2007] UKAIT 00051, the Asylum and Immigration Tribunal (AIT) considered the meaning of ‘leading an independent life’, within the provisions of paragraph 197 of the UK Immigration Rules. This rule sets out the circumstances in which dependent relatives of people who are not settled (i.e. do not indefinite leave to remain, ILR) in the UK, for example the dependent relatives of work permit holders or people in the UK under the Highly Skilled Migrants Programme (HSMP) are permitted to remain with their relatives in the UK.