Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their
Employers in the UK are required to conduct right to work checks to ensure that their employees have the legal right to work. If the
The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are
There have been many stories over the last few years about the reasons asylum seekers risk their lives crossing the Channel to come to the
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks
On the last working day before Christmas, the government announced that it is adding social care workers to the Health and Care visa and Shortage
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home
The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made.
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human
While the UK government boasts of its trailblazing work to tackle the scourge of modern slavery, it is also rightly criticised for its systemic failures
I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used
Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home
What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15
Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their accommodation provides meals or £49.18 in other cases which means most will struggle to meet their basic needs. Given this meagre level of support, it...
Employers in the UK are required to conduct right to work checks to ensure that their employees have the legal right to work. If the employer knows, or ought to know, that the individual does not have permission to work, they can face civil penalties of up to £60,000 and...
The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are allowed to work in any role. These are some of the recommendations in the full review of the shortage occupation list, published yesterday. The committee...
There have been many stories over the last few years about the reasons asylum seekers risk their lives crossing the Channel to come to the UK. If they are willing to do this, many people ask, then what is the point of making life more difficult for them when they...
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom. OH challenged a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and...
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks remotely. Rather than having to meet job applicants and employees needing to renew their status in person, they were able to do so via a...
On the last working day before Christmas, the government announced that it is adding social care workers to the Health and Care visa and Shortage Occupation List. The change is due to come into force “in February 2022“. The Home Office describes this as a temporary measure, in place for...
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue failed to comply with the statutory duty to...
The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made. The case is R (C6) v Secretary of State for the Home Department (asylum seekers’ permission to work) [2021] UKUT 94 (IAC). We originally published...
Home Office policy on permission to work for asylum seekers is unlawful to the extent that it doesn’t make allowances for potential victims of human trafficking, the High Court held today. The policy will now have to be reworked to make clear that there is a discretion to allow asylum...
While the UK government boasts of its trailblazing work to tackle the scourge of modern slavery, it is also rightly criticised for its systemic failures to prevent exploitation and protect victims once identified. A number of hostile immigration policies are directly at odds with the UK’s commitment to protect victims...
I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain to migrants because of alleged discrepancies between their tax returns to HMRC and the income declared to the Home Office...
Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an immigration application. From an immigration law...
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr Negassi permission to work, while waiting for a decision on his asylum claim, was a breach of his right to...
What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15 of the Immigration and Nationality Act 2006, which, in February of 2008, created the possibility of a £10,000 penalty to be paid by an employer...
