Friday, July 27, 2012

Skilled migrants ruling prompts emergency action by Theresa May


                                                                                                                                                    
An article in the UK Guardian from Wednesday, 18th July, described how a Supreme Court ruling challenged previous changes to the skilled migrant program. The ruling threatened to make thousands of previous decisions illegal, because the court declared that the changes were unlawful, since they had not been brought before parliament before their implementation. In addition, the ruling said that “changes to lists of shortage occupants, salary and skill levels, and advertising requirements had been set out in codes of practice that had not been laid out before parliament and so could not be relied on by UKBA to refuse work permits or visa applications.” The lead justice in this case, Lord Hope, stressed that changes to the immigration legislation had to be scrutinized by parliament, no matter what, or else the practices would be unlawful. This ruling could influence cases reaching as far back as 2008, but it should not have a direct effect on applications being made at the present moment. Home secretary Theresa May has put a statement of immigration policy changes before Parliament today, 19th July, and they should go into effect tomorrow, however, this is a further blow on her already poor reputation. An unnamed Home Office spokesperson claimed that the ruling yesterday was intended to further simplify the immigration process, but it appears to have just muddled the waters even further.

Brophy Solicitors


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