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In its report published on 9 August 2007 the Joint Committee has concluded that changes in the Immigration Rules made in 2006 under which persons admitted under the Highly Skilled Migrant Programme (HSMP) may apply for extensions of their stay in the United Kingdom (and thereafter for indefinite leave to remain) are not compatible with the UK’s obligations under Article 8 of the European Convention on Human Rights (ECHR). The changes in the rules of April 2006 extended the required period of residence (to qualify for indefinite leave to remain) from 4 to 5 years and those in November 2006 tightened the requirements which have to be met in order to qualify for an extension of leave.

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.

EU law has become a valuable instrument for EEA (European Economic Area) nationals and their non-EEA family members when exercising their rights to live, work and settle in the UK. However, the transposition of EU law into UK domestic law by the Immigration (EEA) Regulations 2006 has also caused confusion and concerns.

The UK Prime Minister, the Rt Hon Gordon Brown MP, has announced an intention to create a ‘unified border force’ that will integrate the work of the Border and Immigration Agency (BIA), part of the UK Home Office, Customs and UKvisas, the joint Home Office and Foreign and Commonwealth department dealing with applications for entry clearance (visas) at UK Embassies and High Commissions overseas.

UKvisas, the joint Home Office and Foreign and Commonwealth Office service dealing with applications for visas to come to the UK, has published the Report of the Independent Investigation: Breach of Data Security in the VFS Online UK Visa Application Facility, Operated Through VFS Websites in India, Nigeria and Russia. Linda Costelloe Baker, the Independent Monitor for entry clearance cases without right of appeal, was the Independent Investigator. 

The Border and Immigration Agency (BIA) has added the profession of Chartered Quantity Surveyors to the National Shortage Occupation List.



The National Shortage Occupation List is a list of jobs where it is recognised that there is a shortage of workers within the labour market in the UK and that employers may not be able to fill the post with a UK or European Economic Area (EEA) worker. In such cases, employers do not need to undertake a labour market search to demonstrate that there is no-one within the EEA who can fill the job before applying for a work-permit for the worker.

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 Commission of the European Union (EU) has submitted a proposal for European Union legislation (a directive) providing for common sanctions against employers of third country nationals staying illegally in EU Member States. The UK Home Office has prepared an Explanatory Memorandum on the proposal, signed by the Minister of State for Nationality, Citizenship and Immigration in the UK Home Office, Liam Byrne MP.

The Memorandum says that the UK government:

‘supports the general purpose of the draft Directive, which is that Member States introduce, coordinate and enforce similar measures on the prevention of illegal migrant working.’

The UK is not obliged to sign up to the new European legislation if and when it comes into force but has the option of opting in to the new legislation if it wishes to do so.  At this early stage, the Explanatory Memorandum gives no indication of whether it will exercise its power to ‘opt-in’.

The UK Home Office is consulting on proposals radically to ‘simply’ UK immigration law. The consultation paper includes a discussion of the Points-Based system being introduced for those coming to work or undertake economic activity in the UK.

The UK Prime Minister, the Rt Hon Gordon Brown MP, has stated that:

‘We will expand the background checks that are being done where highly skilled migrant workers come into the country. Where people sponsor them, we will ask them to give us their background checks.’