The Next Challenge: Judicial Review on behalf of Overseas Senior Carer Work Permit Holders seeking settlement in the UK:
20 February 2010
Kashif Majeed
Aston Brooke Solicitors has been at the forefront of catering and protecting the interests of senior carers and we are now fighting the corner for work permit holders who have the right to indefinite leave to remain in the UK after completing 5 years in the UK.
JUDICIAL REVIEW CHECKLIST:
1. Are you a senior carer work permit holder?
2. Was your application for an extension of your work permit refused in 2007 and 2008?
3. Did the refusal result in “gaps” in your leave to remain?
4. Was a subsequent work permit granted to you under the transitional measures for senior carers?
5. Have you now completed 5 years in the UK on a work permit irrespective of the “gap”
If the answers to all the above questions are YES then you QUALIFY under the premise of the judicial review.
At present, a judicial review would be lodged on behalf of overseas senior carer work permit holders who have gaps in their leave to remain which is resulting in refusals in settlement applications.
A judicial review is a legal challenge against the Secretary of State on policy or law which adversely affects the interests of the public. The firm has already initiated a campaign to identify as many work permit holders who fall in this category to join the legal challenge. Aston Brooke Solicitors are representing overseas carers in this position.
At this moment in time, the numbers of senior carers who fall into this category are dramatically increasing. The initial work has been completed and consultation with Michael Mansfield QC’s Chambers has already taken place.
This issue has become more urgent as a result of the new Citizenship Act attaining Royal Assent recently, has removed the Indefinite Leave To Remain provision and replaced this with probationary citizenship which could mean up to another three years (on top of the previous five years requirement) to satisfy even more difficult requirements to gain citizenship.
It is unreasonable and unlawful for the UK Border Agency to refuse applications for settlement on the basis that there is a “gap” in the continuous stay for the overseas workers. It is clear that the break in the leave to remain and the work permit for overseas senior carers was as a result of the policy change by the UK Border Agency in August 2007. This change resulted in outright refusals of all senior carer work permits which were then resolved by continued efforts of the Care Sector and the judicial review initiated by the firm.
CALLING ALL SENIOR CARE WORK PERMIT HOLDERS!
The judicial review will concentrate on several limbs including the Human Rights Act 1998. The premise of the legal action is to highlight the unfairness and unreasonableness of the decision of the UK Border Agency to refuse settlement applications.
DEMAND YOUR RIGHT FOR INDEFINITE LEAVE TO REMAIN!
If you want to demand your right to indefinite leave to remain on the basis of having stayed in the UK for five years, please contact us immediately. It is important to note that as with the campaign for senior carers in 2007 we require 100% support from the sector. This means that all those OFWs that have been affected by the issues highlighted above or have been refused settlement after completing five years in the UK on a work permit please contact:
Aston Brooke Solicitors and email on info@astonbrooke.co.uk
The UK Border Agency introduced the transitional measures for senior carers with the intent that they would be allowed to continue to stay and work in the UK and apply for settlement. Therefore, the UKBA will need to accommodate those senior carers who were part of the original transitional measures and allow them to reach settlement in the UK.
The only option available would be via a legal challenge to bring this issue to the forefront.
If you are affected by the changes brought under the New Points Based System, an Employer concerned about your legal obligations or require assistance in applying for your Sponsor Licence or any other immigration enquiry contact Aston Brooke Solicitors
This would provide an opportunity for both overseas workers and employers to speak to a team of lawyers specialising in Immigration Law and the New Points Based System.
Aston Brooke Solicitors
2 Gayton Road
Harrow
Middlesex
HA1 2XU
T: 0208 901 7901
F: 0208 901 4115
Email: info@astonbrooke.co.uk
www.astonbrooke.co.uk
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