Category Archives: Employment

CJEU: The Concept of a Formally Limited Residence Permit

State Secretary van Justitie v Mangat Singh [2012] EUECJ C-502/10 (18 October 2012) As explained in recitals 25 and 26 of its preamble, Directive 2003/109/EC (“the directive”), concerning the status of third-country nationals who are long-term residents, does not apply … Continue reading

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Points-based system, switching, etcetera

From July onwards last year Tier 1 (Post-Study Work) visa holders began to face difficulties in switching into Tier 2 (General) because it became virtually impossible to get the UKBA to grant new CoS in the £20,000–£23,999.99 salary band. New … Continue reading

Posted in Employment, Immigration Cap, Immigration Rules, JCWI, Pankina, PBS, Tier 1, Tier 2, UKSC, Uncategorized | Tagged , , , , , , , | 1 Comment

Latest immigration statistics

Overview The latest statistical bulletin produced by the Office for National Statistics (ONS) on immigration is a very telling document. In its latest publication the ONS has observed that: In the year to September 2010 the overall number of entry … Continue reading

Posted in Asylum, Employment, Enforcement, ONS, PBS, Removals | Tagged , , , , | Leave a comment

April rules

The government has exempted niche professions such as bankers, lawyers and other migrants with high earnings from its immigration cap ( but only if they earn in excess of £150,000 per annum). This is redolent of the top-tier of the … Continue reading

Posted in AP (Russia), Employment, Immigration Rules, Pankina, PBS, Tier 1, Tier 2 | Tagged , , , , | Leave a comment

Economics of the Post Study Work visa

British educational institutions such as the London School of Economics and Political Science (LSE) are resisting the government’s plans to delete the PSW visa category from the immigration rules. It has been acknowledged by the Immigration Minister Mr Damian Green that … Continue reading

Posted in AP (Russia), Article 8, Employment, Immigration Rules, Post Study Work, Tier 1 | Tagged , , , , | 2 Comments

Immigration cap declared unlawful by High Court

In the High Court Lord Justice Sullivan and Mr Justice Burton have declared that Mrs Theresa May unlawfully side-steped Parliamentary scrutiny when setting the limits to Tiers 1 and 2 which she introduced in July 2010. Since Sedley LJ  restored constitutional order in … Continue reading

Posted in AP (Russia), Employment, Immigration Cap, Immigration Rules, Judicial Review, Tier 1, Tier 2 | Tagged , , , | Leave a comment

Agency publishes summary guidance for employers

There is so much illegal working in the UK that it really is unbelievable. And rather than do anything to enforce the law according to the standards which are safe, all the UKBA can do is issue guideline upon guideline … Continue reading

Posted in Article 8, Employment, Immigration Rules, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , | Leave a comment

New UKBA fees

From  Monday 22 November the UKBA will introduce new application fees for applications for entry clearance (0verseas) and further leave to remain (in country)  for work, study or other purposes. The Agency is charging fees by setting them above the cost of … Continue reading

Posted in Biometric Cards, Business, Dependants, Economy, Employment, Fees, Immigration Cap, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , | Leave a comment

English language tests for dependants

Changes in the immigration rules laid before Parliament in October 2010 will be introduced on 29 November 2010. From then on all dependants except those in the Points Based System will have to show competence in English at level A1 of … Continue reading

Posted in Article 14, Article 8, Bangladesh, Dependants, ECHR, Employment, English Tests, Immigration Law, Immigration Rules, India, Pakistan, PBS, Settlement, Spouses, UKBA | Tagged , , , , , , , , , | Leave a comment

Immigration cap faces judicial review challenge

The Coalition government introduced the immigration cap on 28 June 2010. The Joint Council for the Welfare of Immigrants (JCWI) has reported that it will challenge the cap in the High Court by way of JR proceedings. The JCWI’s response to the cap … Continue reading

Posted in Article 8, Business, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Judicial Review, Overseas Clients, Overseas Workers, Pankina, PBS, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , | Leave a comment

Tier 1 (General) November limit reached

In July 2010 we witnessed the coalition government’s introduction of a limit on the number of initial applications that the UKBA could issue under Tier 1 (General) of the Points Based System (PBS). The limit will persist until 31 March … Continue reading

Posted in Article 8, Business, Dependants, Downsizing, ECHR, Economy, Employment, Entrepreneurs, Immigration Cap, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Tier 1, Tier 2, UKBA, Working | Tagged , , , , | Leave a comment

Law Society’s views on the immigration cap

One would have to be quite stubborn and ill advised not to take gravely seriously the opinion of the Law Society of England and Wales (the society) in a legal matter. Yet the government seems determined to do just that. … Continue reading

Posted in Article 8, Dependants, ECHR, Economy, Employment, Immigration Cap, Immigration Law, Immigration Rules, Law Society, Overseas Clients, Overseas Workers, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Uncategorized, Working | Tagged , , , , , , , , , , | Leave a comment

Home Affairs Committee’s report on immigration cap

The chair of the Home Affairs Committee (HAC) the Rt Hon Keith Vaz MP has raised a multitude of concerns in his report about the Coalition government’s immigration cap. The terms of reference of the HAC were “to examine the expenditure, administration, … Continue reading

Posted in Article 8, Asylum, Business, Citizenship and Nationality, Dependants, Economy, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Overseas Clients, Overseas Workers, PBS, Post Study Work, Settlement, Spouses, Tier 1, Tier 2, Uncategorized, Working | Tagged , , , , , , , , , | Leave a comment

As if settlement applications aren’t hard enough already

Recently the Guardian newspaper reported on an exhibition entitled South Asians making Britain: 1858-1950 which featured a plethora of personalities from the colonies who contributed to Britain’s economy, society and politics. In the 1950s immigration from the Commonwealth was not only … Continue reading

Posted in Article 8, Citizenship and Nationality, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, Karachi, Pakistan, Settlement, UKBA, Working | Tagged , , , , , , , | Leave a comment

UKBA discriminating against Pakistani applicants

It had emerged that the UKBA may be discriminating unlawfully against Pakistanis in favour of applicants for British visas from the emirates of and Abu Dhabi, Bahrain and Dubai. This was unearthed by the UKBA’s chief inspector Mr John Vine. However, the … Continue reading

Posted in ECHR, Education, Employment, Entrepreneurs, Immigration Law, Immigration Rules, Karachi, Overseas Clients, Overseas Workers, Pakistan, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Home secretary signals end of settlement for skilled workers and students

Speaking on future action in relation to immigration policies while addressing the Conservative party conference the home secretary, Theresa May, intimated the government’s intentions to stop the right to permanent settlement for more than 100,000 skilled workers and 320,000 overseas students … Continue reading

Posted in AP (Russia), Article 14, Article 8, Asylum, Citizenship and Nationality, Constitution, Court of Appeal, Dependants, Economy, Education, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Post Study Work, Settlement, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , , , | Leave a comment

French and British joint declaration on immigration

The global economic recession’s bite into British and French defence budgets has opened a “new chapter” in bilateral defence cooperation between these historically rival nations. Emphasising that the sovereignty of neither nation would be compromised as a result of the … Continue reading

Posted in Asylum, Business, Cases, ECHR, Economy, Employment, France, Immigration Law, Immigration Rules, Overseas Workers, Persecution | Tagged , , , , , , | Leave a comment

Refined criteria and Tier 2 (General) certificate of sponsorship allocations

The stated objective of the Points Based System (PBS) was to simplify the immigration rules by recategorising eighty different immigration routes which were previously open to migrants to enter the UK. However, contrary to the expectation of simplicity, the PBS … Continue reading

Posted in Article 8, Biometric Cards, Business, ECHR, Economy, Employment, Fees, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Tier 1, Tier 2, UKBA, Working | Tagged , , , , , , , , | Leave a comment

UKBA names Reliance as its new remover

After the continuing saga of Jimmy Mubenga’s death and the UKBA’s subsequent moratorium on forced removals which followed it, has been announced that the Agency’s current contractor G4S will no longer be removing immigration detainees from the UK. The private … Continue reading

Posted in Article 8, Asylum, Business, Cameroon, Cases, Dependants, Detention, ECHR, Employment, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, Settlement | Tagged , , , , , , , , , , , | Leave a comment

Agency publishes Tier 1 statistics

The International Group of the UKBA published what it called the an “operational assessment” of Tier 1 of the Points Based System (PBS). The Agency’s document can be viewed here. It is very much the objective of the Agency’s document … Continue reading

Posted in Article 8, Business, Dependants, Economy, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Persecution, Tier 1, UKBA, Working | Tagged , , , , , , , , | Leave a comment