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MIGRATION ADVISORY COMMITTEE RECOMMEND PROPOSALS THAT WOULD RESTRICT EASE OF ENTRY TO THE UK FOR TIER 2 MIGRANTS In its most recent review of Tier 2, the independent Migration Advisory Committee (MAC) was given the task of formulating a set of proposals to "restrict inflows under the route". This review stems in part from the government's intention to improve the training of settled British workers. Both these goals were made in light of the need to balance migrant selectivity and invest... Read more »
BIOMETRIC RESIDENCE PERMITS. In March 2015 the Home Office introduced a new initiative whereby non-EEA nationals who are granted leave to remain in the UK for more than six months will receive a Biometric Residence Card (BRP), instead of an ordinary visa-stamp in their passports. Overseas nationals will have to go through the ordinary application procedure when applying for leave in their home country. Upon approval of the application, the applicant's passport will be returned to them... Read more »
Nurses-Shortage Occupation? The Tier 2 cap of 20,700 appears to play a limited role in Government attempts to restrict net migration. If the monthly cap for COS is reached and an application is rejected, the employer has to reapply. The cap was reached for three months in a row in 2015, so the problem carried on being rolled over. The problem has been huge for public sector roles, in particular nurses, because they are not earning high enough salaries to reach the heightened salary bar.... Read more »
GHERSON SOLICITORS - PRESS RELEASE FOR IMMEDIATE RELEASE GHERSON SECURES ANNULMENT OF EU SANCTIONS AGAINST SERGIY KLYUYEV Today, 28 January 2016, the General Court of the EU has annulled the financial sanctions imposed upon Ukrainian MP Sergiy Klyuyev by the EU Council from March 2014 to March 2015. These sanctions were imposed following the overthrow of Victor Yanukovych's Government. We have maintained throughout that these sanctions are nothing more than a politically motivated... Read more »
Schengen on the brink: could scrapping Dublin III save Europe? "Schengen is on the brink of collapse" was the gloomy conclusion drawn by Johanna Mikl-Leitner, the Austrian interior minister, following a discussion between EU ministers in Amsterdam yesterday. The purpose of the almost nine-hour-long meeting was to devise a coherent plan to tackle the ever-rising influx of refugees towards Europe - now widely recognized as the biggest challenge the EU has ever faced - and the strain it... Read more »
Extraditions allowed as assurances found sufficient to displace pilot judgment re Hungarian Prison conditions The Administrative Court considered the issue of prison conditions and assurances in relation to number of Hungarian extradition requests in the case of GS and others v Hungary [2016] EWHC 64 (Admin) . We have previously written about the trend in UK extradition proceedings for states that have been found to have systemic failings in their prison estates to provide assurances... Read more »
Case note: R (ota Sison) v SSHD; Upper Tribunal finds for the first time that effect upon third party's private life rights can be factor in human rights appeal In R (on the application of Sision) v Secretary of State for the Home Department IJR [2016] UKUT 00033 (IAC), the Upper Tribunal has found for the first time that in making an immigration decision, the Secretary of State must take account of whether the decision might be incompatible with the right to respect for the private life... Read more »
New two-year Chinese visit visa launched on 11 January The Home Office has announced that a new two-year visit visa for Chinese nationals will be launched on Monday, 11 January, 2016. The new visa will cost £85, the same as the existing six month visitor visa, and will enable successful applicants to make multiple trips to the United Kingdom. The new Chinese visit visa will also: - Enable visitors to make multiple trips to the UK for a longer period. - Provide eligible Chinese... Read more »
Substantial culpable delay rendered extradition oppressive and disproportionate On 5 January 2016, in the first published extradition judgment from the Administrative Court of the New Year ( Valdas Geleziunas v Lithuania [2016] EWHC 16 (Admin)), Mr Justice Sweeney overturned a decision of District Judge Purdy to extradite Valdas Geleziunas to Lithuania in connection with an allegation of dishonestly obtaining scaffolding equipment worth approximately £8,000. The allegation dated... Read more »
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