Immigration Law Recent News

For further help or information regarding the articles below, please contact Graeme Kirk gdk@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk or Sohan Sidhu ss@gross.REMOVE-THIS-BARRIER-BEFORE-SENDING.co.uk

• CARERS OF BRITISH CITIZEN CHILDREN
• NEW IMMIGRATION RULES FOR NON-EU STUDENTS
• CIVIL PENALTIES FOR EMPLOYERS - NON EU MIGRANTS

A recent decision of the European Court of Justice creates a right to reside and work in the United Kingdom for the sole carer of a dependant British citizen child when that individual has no other right to remain living in the UK and requiring them to leave the UK would mean that the dependant British citizen child would have to leave the European Union. The UK Border Agency (UKBA) has not, as yet, set out regulations to implement the European Court of Justice decision, although at the present time they are accepting applications upon this basis and will issue a letter confirming that the sole carer has permission to live and work in the UK until such time as the UKBA have formulated their policy. For further information on this or any other immigration matter, please contact Sohan Sidhu Sohan Sidhu, / 01284 763333.

The UK Border Agency (UKBA) has introduced new rules for students and their family members making applications under Tier 4 of the Points Based System. The new rules include the following:-

1. The student will not be able to work more than 20 hours per week during term time when they are following a degree level course or a foundation degree course.
   
   
2. The student will not be able to work more than 10 hours per week where they are following a course of study below degree level (excluding a foundation degree course).
   
   
3. For family members the new immigration rules include the following:-
   1. The family member will not be able to work if the Tier 4 student has been granted permission to study in the UK for less than 12 months.
   2. The family member will not be able to work if the Tier 4 student is following a course of study below degree level.

If any further information is required regarding students or for any other aspect of the UK immigration system please contact:-
Sohan Sidhu

There has been an unprecedented level of prosecutions against employers who have been found to be employing non EU migrants who do not have permission to work in the UK.

The U.K. Border Agency is introducing local immigration teams across the UK who work alongside other agencies, including the police. Around 7,500 officers and staff reorganised into 70/80 local teams will enforce the full range of Immigration Laws including tackling illegal working.

An employer can be issued with a maximum penalty of £10,000.00 per illegal worker. The UKBA have stated that from 19 June 2008 businesses which have been fined will be named on the UKBA website.

The UKBA needs to act in accordance with the Code of Practice and employers can put forward a number of objections to a Penalty Notice which can have the effect of reducing the Civil Penalty. They also have the option of appealing to the County Court.