Senior Carers-JR - Aston Brooke Solicitors

NOTICE: Aston Brooke Solicitors is NOT working in conjunction with any other organisation in relation to the Judicial Review on behalf of senior carer work permit holders

Landmark Decision: Aston Brooke wins the fight to grant Overseas Senior Carer Work Permit Holders settlement in the UK without a Judicial Review

26 July 2010

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.

Judgement Day for Senior Carers who have "gaps" and wish to apply for settlement. Do you know what to do?

18 November 2009

Aston Brooke Solicitors reported earlier this month that 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.

The purpose of this website is to allow overseas senior carers to register their details and identify themselves as part of those work permit holders who have been informed by the UK Border Agency to “make up the time” in order to attain settlement in the UK.

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. Aston Brooke Solicitors is initiating a judicial review against the Secretary of State and the action 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 overseas workers 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 us

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

Judicial Review soughton behalf of Overseas Work Permit Holders seeking settlement in the UK

10 July 2009

Aston Brooke Solicitors have learnt that overseas work permit holders are facing refusals of applications for indefinite leave to remain in the UK. Hundreds of overseas senior carers are reporting that the UK Border Agency has refused their applications for settlement directing them to “make up the time” that has been lost during the 2007/2008 struggle for extensions or transfers of work permits.

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. Aston Brooke Solicitors is initiating a group judicial review against the Secretary of State on this exact principle. 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.

The issue has become more urgent on the basis that the new Citizenship Bill which will be introduced by December 2010. Moreover, by instigating a group judicial review any decision by the High Court will be binding on all those party to the action. 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. A major part of the transitional measures was to allow those senior carers who arrived in 2003 to be granted an extension of 12 months thus allowing them to apply for settlement.

However, in practice this has not happened and the only option available would be via a legal challenge to bring this issue to the forefront. 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 work permit holders 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

Please email info@astonbrooke.co.uk