Legal challenge to immigration “caps”: Call for Early Day Motion in Parliament

16th October 2010

Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England and working on behalf of small, medium and large providers who employ thousands of students, work permit and Tier 2 holders. The application for judicial review has been lodged by Aston Brooke and the firm is now campaigning for an Early Day Motion in Parliament.

Martin Green CEO of ECCA who is being represented by Aston Brooke will be taking the initial steps next week to rally all MPs who have expressed concern of the introduction of the interim limit which has had a detrimental effect on the social care sector. Martin Green stated: 

 “The introduction of the interim limits is having a massive effect on the social care sector which ultimately affects the continuity of care for our members and others in the care sector. I am calling for an early day motion in Parliament to raise increased awareness of the draconian measures implemented by the Home Secretary.”

Discontent has been raised against the interim limits across all sectors and businesses on the negative impact the limits will have for the UK economy. The aim for the early day motion is to raise the bar and bring this matter to the forefront. The Immigration Minister, Damien Green has made his position clear but the immediate effects that the interim limits have had on the social care sector clearly show that he has “a case to answer”.

The independent care sector is of fundamental importance to the whole health and social care system in this country. Without this vital sector the NHS and Local Authorities (LA’s) would not be able to function. Independent care homes and homecare providers provide the support, care and treatment necessary to ensure that many thousands of people are not admitted to hospital unnecessarily and can be discharged from acute care speedily.

For a number of years migrant workers from non EEU locations have supported the care sector in ensuring it can continue to provide the care needed for the most vulnerable of our society. Withdrawal of the ability to recruit from this source of labour could bring severe disruption to this sector resulting in home closures, and a greatly reduced level of service within those care homes that are able to withstand this significant challenge.

If you are affected by the changes brought under the new interim limit and are either an employer or overseas migrant and wish to join the legal challenge contact Aston Brooke Solicitors.

New Interim Limits: Ministers face High Court battle to immigration “caps”

26 September 2010


Aston Brooke Solicitors has been at the forefront of protecting the interests of the social care sector. This was first tested when Aston Brooke brought a judicial review against the Secretary of State’s decision to refuse all senior care work permits in 2007 leading to the deportation of hundreds of overseas migrants. Aston Brooke was successful when the Secretary of State agreed to introduce transitional measures for senior skilled carers which are still in place today under Tier 2 of the points based system.

Recently, the Home Secretary, Theresa May announced that “caps” to migration from non-EU countries will be implemented from April 2011. The number of workers entering the UK from outside Europe will be controlled by a new limit. Net migration will be scaled back to the levels of the 1990s with the effect that it will be in the tens of thousands rather than hundreds of thousands.

Details of how the final limit will be delivered will be agreed following a 12-week government consultation with businesses. In the meantime, an interim limit will be introduced and the number of work visas issued stays below 2009 levels. The results of the consultation on the permanent limit will pave the way for the government's fundamental changes on the way in which workers from outside the European Union (EU) will be chosen to come and work in the UK.

Home Secretary Theresa May said:

'This government believes that Britain can benefit from migration but not uncontrolled migration. I recognise the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressure on public services. 'While we consult on our tough new limit it's important we have an interim measure to avoid a "closing down sale" for migrants and ensure that the number of work visas issued stays below 2009 levels. The government will also introduce measures to support British people. Alongside limits will be action to get Britain back to work and provide business with the skills they need from the resident workforce - reducing the need for migrants at the same time as we reduce their number.'

To avoid large numbers of applications between now and April next year, the government has imposed an interim limit which took effect from 19 July 2010. These interim measures include limiting the number of certificates of sponsorship that licensed employers can issue to those who wish to come to fill skilled job vacancies. This will reduce the number of people entering through Tier 2.

Aston Brooke has pointed out that there are serious implications of the implementation of the interim limits and the full limits in April 2011. The result of such limits would be a serious negative effect on the continuity of care in the social care sector and all other businesses in the UK.

It is clear that the Secretary of State has acted unlawfully, unfairly and irrationally in seeking to impose interim measures with potentially catastrophic business consequences for the care sector. The impact is disproportionately felt as the sector is reliant almost wholly on non EU skilled workers and this is before embarking on any consultation.

The Secretary of State has once again eluded to follow strict parliamentary process when implementing the interim limits. Furthermore, the announcement that the consultation is to take place after the imposition of the new criteria and its consequential effects on the care sector is insufficient to address the issue of lack of consultation.

Aston Brooke has now initiated a judicial review against the Secretary of State’s decision on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England and working on behalf of small, medium and large providers who employ thousands of students, work permit and Tier 2 holders.

Martin Green, Chief Executive stated:

“The Home Secretary and the government have introduced policies which once again are detrimental to the social care sector and these steps have been taken with complete disregard for care providers and the invaluable staff they employ. A legal challenge once again seemed the only viable option to bring about change.”

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 premise of the legal action is to highlight the illegality, irrationality and unfairness of the decision of the Secretary of State to introduce the limits in the UK industry. The introduction of the interim limits has already stirred a large volume of discontentment within the UK economy.

The Law Society has made a submission to the Home Office warning that its proposed limits on non-EU highly skilled migration could damage the legal sector. The submission follows concerns voiced by Liberal Democrat business secretary Vince Cable that immigration limits are damaging British industry.

 
The initial work has been completed and we have formally instructed Michael Mansfiled QC’s Chambers to take up the challenge. The application for Judicial Review should be heard by the High Court in October 2010.

The firm has already initiated a campaign to identify as many care providers and senior skilled carers on work permits or Tier 2 visas as well as student visa holders who will be directly affected with the changes. 

• Are you a Tier 2 migrant or Work Permit Holder as a senior skilled carer?

• Are you a student visa holder on a NVQ course or degree course working in the social care sector?

If you are in the category above you will not have the opportunity to switch from your student visa or Tier 4 visa to a Tier 2 migrant. If you fall into the categories highlighted above you are urged to join the legal challenge. At this moment in time, the numbers of care providers and senior carers who fall into this category are dramatically increasing.


If you are affected by the changes brought under the new interim limit and are either an employer or overseas migrant and wish to join the legal challenge contact Aston Brooke Solicitors.

Student Visa and Tier 4 migrants: Register to represent your case to the UKBA in support of the legal challenge to immigration “caps”

2nd October 2010 

Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England and working on behalf of small, medium and large providers who employ thousands of students, work permit and Tier 2 holders.

Aston Brooke has been holding regular conferences to allow students, work permit and Tier 2 holders to attend to educate themselves on the importance of the interim limits and what this actually means in real terms for them. The implementation of the interim limits means that students and Tier 4 visa holders have virtually no chance of switching to a Tier 2 visa.

The main reason for this is that the UKBA have removed a large percentage of certificates of sponsorships from sponsors. The certificate of sponsorship is what the employer issues to a new migrant that they wish to convert from a student/ Tier 4 visa holder to a Tier 2 migrant allowing them to work full time.

The large majority of students are switching into the senior skilled carer position. Under the points-based system introduced by the last government, senior care workers were listed as a shortage occupation, enabling providers to recruit from outside Europe to fill these posts. However, the interim cap - which will be replaced by a permanent limit on annual immigration from outside Europe in April 2011 - restricts the number of senior carers who can fill posts or existing staff who can renew permits to work.

The firm has already initiated a campaign to identify as many care providers and senior skilled carers on work permits or Tier 2 visas as well as student visa holders who will be directly affected with the changes.

• Are you a Tier 2 migrant or Work Permit Holder as a senior skilled carer?

• Are you a student visa holder on a NVQ course or degree course working in the social care sector?

If you are in the category above you will not have the opportunity to switch from your student visa or Tier 4 visa to a Tier 2 migrant.

If you fall into the categories highlighted above you are urged to join the legal challenge.

The conference will be held at our Head Office:

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

Please email on info@astonbrooke.co.uk  to book your place. Please book early to avoid disappointment.

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1. Collect as much evidence as possible relating to your application
2. Do you require a sponsor in the UK?
3. Do you have enough funds to maintain and accommodate yourself and any dependents in the UK without recourse to public funds?
4. Seek expert advice from specialist Solicitors in the UK to verify and check your documents

OFWs need to be aware that there is an opportunity for them to have the visa applications prepared in the UK which may be something that they were ignorant to.

ASTON BROOKE SET UP CONFERENCES FOR UK WORK PERMIT JUDICIAL REVIEW CAMPAIGN

Aston Brooke Solicitors initiating a campaign to identify as many work permit holders who fall into the category of work permit holders who are eligible to apply for settlement in the UK after completing 5 years in the UK on a work permit (irrespective of any “gap”) or have been refused settlement in the UK on the basis that there is a “gap” in their continuous stay.

Hundreds of senior carer work permit holders have gaps in their leave to remain 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 Aston Brooke Solicitors.

Please email info@astonbrooke.co.uk to book your place

LAUNCH OF THE BESPOKE PBS COMPLIANT CASE MANAGEMENT SYSTEM

Aston Brooke Solicitors have developed a bespoke case managment system specifically for compliance under the New Points Based System. The system comprises of two integral parts, the first is the online system and the second comprises of the data storage under the Sponsor Management Scheme. 

The system is currently being advocated by ECCA and other leaders in the Care Sector including Caring Business Magazine.  

It is imperative that ALL employers who employ overseas staff are required to apply for a Sponsor Licence before the 1st October 2008. Have you applied for yours?

if not, please click here or visit our Immigration Compliance section of the web site.

LAUNCH OF "ACCESS LAW" - AIRED ON SKY CHANNEL 792

Mr Kashif Majeed, Principal of Aston Brooke Solicitors, presents his new interactive legal programme covering all aspects of UK Immigration Law called "Access Law". The programme was launched on the 30th January 2008 on Prime TV (Sky Channel 792) Prime TV is the best authentic pure Pakistani TV channel in Europe. Over 50 million veiwers in the whole of Europe and millions more in the Middle East and Asia makes Prime TV the most widely viewed Asian Channel. Access Law will run for 39 episodes covering all areas of UK Immigration Law including HSMP, Work Permits, Business Visas, Visit Visas, Student Visas, All Visa Appeals, Asylum and Nationality.

Access Law will be on air every Wednesday at 22.00 and repeated on Thursdays at 3.30pm only on Prime TV. To view each episode please click here

For further information please contact us

CARING BUSINESS MAGAZINE

ASTON BROOKE SOLICITORS INCLUDED IN THE FIRST EVER POWER 50 IN THE CARE SECTOR

Mr Majeed was announced as making a significant impact in the care sector due to the judicial review brought against the UK Border Agency in relation to the guidance published on the 13th August 2007. The judicial review proved to be the integral part in conjunction with all the support from the sector which resulted in the Secretary of State backing down in face of the legal challenge.

To view the full list please click here

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