Working for UK Employers

Judicial review of HSMP changes - permission granted

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At about this time in 2006 Gherson reported the Home Office’s changes to the qualifying criteria (and to the relevant immigration rules) for leave to enter under the Highly Skilled Migrant Programme (HSMP).  The changes increased the quota of points applicants needed to score in order to obtain leave to enter.   Points which had been awarded under the previous tariff for work experience obtained in an applicant’s country of origin were no longer available.  

Highly skilled migrants - Tier 1: Government announces details

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The Border and Immigration Agency (the “BIA”) has published its “statement of intent” regarding Tier 1 of its Points Based System.  Tier 1 is due to be implemented in the first quarter of 2008.  

New fines for employing illegal workers

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As part of the implementation of its Illegal Working Action Plan on 22 November 2007 the Border and Immigration Agency announced new measures inflicting severe fines upon employers who knowingly hire illegal workers. These comprise  two orders enforcing  the regime set up by sections 15 to 26 of the Immigration and Nationality Act 2006. They will come into force on 29 February 2008.

Gherson success in student / HSMP challenge

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Following urgent legal intervention by Gherson solicitors a student has resisted his removal from the UK after his leave to remain as a student was wrongly cancelled by an immigration officer.   His leave is shortly to be reinstated and he is now awaiting the outcome of his application for an extension of stay as a highly skilled migrant.  

Doctors' success in Court of Appeal judgment against HSMP restriction

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In its judgment (R (on the application of BAPIO Ltd & another) v Secretary of State for the Home Department and the Secretary of State for Department of Health [2007] EWCA Civ 1139) on 9 November 2007 the Court of Appeal has allowed an appeal by BAPIO (the British Association of Physicians of Indian Origin) against its unsuccessful application for judicial review of guidance issued by the Department of Health.  

Working holidaymakers need to show an intention to work

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Young nationals of countries listed at Appendix 3 of the immigration rules can apply to come to the United Kingdom as “working holidaymakers” under immigration rule 95. These countries have reciprocal agreements with the UK. The people who may apply are Commonwealth citizens and those from other countries with historic links to the UK.

Gherson success in HSMP doctors challenge

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Three of Gherson’s clients – all of them doctors whose qualifications had been approved by the General Medical Council (the “GMC”) - have obtained extensions of their stay as highly skilled migrants following the indication that they would shortly issue applications in the Administrative Court for judicial review of the Border and Immigration Agency (“BIA”)’s decisions to refuse their extension applications. 

Joint Committee on Human Rights Report on HSMP

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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.

Work Permit Processing Time Targets

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In late July 2007 the part of the Border and Immigration Agency (BIA) dealing with applications for  work permits gave details of current processing time targets. Work Permit Business Teams aim to decide 70% of work applications within 5 working days and 90% within 15 working days. Where an application for a work permit is refused and an applicant asks for a review of a decision, Work Permits UK aim to decide the review within 15 working days. They stated that applicants will receive either a decision letter or a request for further information within a week of receipt of a work permit application.

Security Breaches by UKvisas and Commercial Partners

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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.