Updates, commentary, training and advice on immigration and asylum law

Permission to work for Legacy cases?


Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more


By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

The case does not mean an automatic right to work

The case does not mean an automatic right to work

An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right to work for those caught in the Legacy backlog. It is called Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin). 

This does not mean that those in the Legacy will be granted the right to work. It means that the Home Office have to go away and re-think their policy. It would be open to them to maintain a selective ban on employment in certain cases or even perhaps to maintain a blanket ban, if they put forward better justification and some evidence. They have approximately three months to comply, otherwise there will be further legal action.

Given appalling and very damaging recent Home Office tardiness over Metock and Baiai, it would not be at all surprising if the three month deadline slipped. The Home Office are not good losers.

Relevant articles chosen for you
Picture of Free Movement

Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


13 Responses

  1. I’m keeping fingers, toes & everything I have crossed that this works out for legacy cases!!! Gosh, it’s been a deluge of good news lately immigration wise.

  2. Good news, I am in the legacy backlog and legally married to a Brits and have a son but not allowed to work! Brilliant jugement…

  3. My husband is not allowed to work and he is in the “legacy backlog” it is so hard to pay all the bills alone especially in these hard times in the uk! He is desperate to work and will be guaranteed a job but unable to?? One less to pay tax which would help government?? sounds silly. I pray they hurry up he has been waiting since 2006. We have been together nearly 6 years and want a family but need to know what the government will do?

  4. unable to marry under UK law, unable to study, unable to work, unable to claim benefits, unable to live a normal life, what more restrictions do the UK government want to put on us?

    1. this is the same exact situation with me.i hve been here since 2001 studied and been doing nothin since 2005. no work, cant get marriedd, no place to live, no job, no benefits nothing. i am a begger.

  5. Claire
    interested to see your comments my partner is too in the legacy casework system its very frustrating
    try not to lose hope

  6. What about me, i have lived in UK for the last 17 years,its now 3 years since i appllied for leave to remain under long residency rule,they have not decided my case yet,does it really take this long to conclude the case?

  7. this is wearing me out. ive been in this country for 7 years. i should have been granted a visa because i arrived when i was 11. but yeah nothing was done, and i will have to wait. I just want a decision so that i can move forward with my life. like going to University, get a job.

  8. hi i been here laat 6 years my case in the legecy catogery from mrach 2008. so i am waiting so i have no indication of my case since 2007 august