Landmark Decision: Aston Brooke wins the fight to grant Overseas Senior Carer Work Permit Holders settlement in the UK without a Judicial Review
By Kashif Majeed
Aston Brooke Solicitors has been at the forefront of catering and protecting the interests of senior carers over the last few years and had recently taken on the fight against the UK Border Agency to grant work permit holders who have the right to indefinite leave to remain in the UK after completing 5 years in the UK irrespective of the fact that they had a gap.
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 Aston Brooke.
• Are you a senior carer work permit holder?
• Was your application for an extension of your work permit refused in 2007 and 2008?
• Did the refusal result in “gaps” in your leave to remain?
• Was a subsequent work permit granted to you under the transitional measures for senior carers?
• 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.
Aston Brooke had submitted a large number of cases to the UK Border Agency who had fallen into the category highlighted above and without full judicial review proceedings the UK Border Agency have reviewed their position and the Secretary of State has decided to overturn the original decisions to refuse indefinite leave to remain and grant the applications.
Therefore, senior carers need not rush to lodge judicial reviews when their cases can be resolved by the cases submitted by Aston Brooke.
At this moment in time, the numbers of senior carers who fall into this category are dramatically increasing.
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.
If you are affected by the changes brought under the 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
FREE IMMIGRATION SURGERIES
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
http://www.astonbrooke.co.uk/
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