Working for UK Employers

On 22 February 2008 the United Kingdom Border Agency's (the "UKBA") website announced dramatic changes to the regime under which migrants can come to the UK to work.  

The announced changes were limited to Tiers 1 and 2 of the points based system (which – in contrast to Tier 5 - are the only avenues of the points based system so far in force which lead to settlement in the UK).  It was said that from 1 April the Government will:

Back in November of last year an extensive statement of changes in the Immigration Rules (HC 113) implemented Tiers 2 and 5 of the United Kingdom Border Agency’s points based system.  It also introduced a distinct category for business and special visitors and introduced new routes for visiting sportspeople and entertainers, based on previous concessions.  

There were five Claimants applying for judicial review in R on the application of Low & others v Secretary of State for the Home Department [2009] EWHC 35 (Admin).  The first three Claimants were Chinese nationals who had been contracted to work for the fourth Claimant, a company providing catering services based in Ireland, and who at the time of their arrests in the United Kingdom had been working for the fifth Claimant, a Chinese restaurant in the UK.   The first three Claimants had no valid leave to remain in the UK and no right to work.  In their application they sought orders confirming both that they were entitled to work in the UK and that their detention was unlawful.   

In the most recent country guidance case for Zimbabwe, the Tribunal found that risk on return to Zimbabwe is no longer limited to those individuals who are members or supporters of the MDC party; individuals who do not demonstrate support for the ZANU-PF party are also at risk. Furthermore, being or having been a teacher in Zimbabwe enhances risk on return. Finally, the Central Intelligence Organisation is responsible for monitoring returns to Harare airport.

Gherson has succeeded in an appeal on behalf of a victim of domestic violence who was refused Indefinite Leave to Remain in the UK by the UK Border Agency.

Our client, who had arrived into the UK in 2007 on a two year probationary period spouse visa, started to experience domestic violence at the hands of her husband soon after arriving into the UK. The UK Border Agency refused to grant her application for Indefinite Leave to Remain on the basis that our client had failed to prove that domestic violence had taken place.

Our client, who had been present in the UK since 1997 as a student, made an application to the UK Border Agency for Indefinite Leave to Remain on the basis of the 10 year lawful residence rule. The UK Border Agency refused to grant our client Indefinite Leave to Remain on the basis that: there was a break in the continuity of residence, a period of time when our client had delayed activating leave to enter due to arriving in the UK on a date after the grant of the leave to enter, and also because the UK Border Agency determined that each time our client left and re-entered the UK fresh leave was granted which was not to be classed as continuation of residence.

**ALERT- BUSINESS VISITORS**

The UK Border Agency (“UKBA”) has announced that the new Business Visitor proposals, outlined in the Statement of Intent published on 4 November and which are due to go live on 27 November, are to be reviewed and re-drafted before 27 November 2008.

The UK Border Agency has decided that the Business Visitor category, which was to come into effect on 27th November 2008, further to the “Statement of Changes in the Immigration Rules” as laid before Parliament on 4th November 2008 will be significantly amended due to the lack of clarity as to what constitutes “permissible activities.” Interested parties should continue to monitor this site for updates and should no longer rely on the current proposals for “permissible activities” for Business Visitors.

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.