Judicial Review for Overseas Work Permit Holders seeking permanent residence in the UK

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22 November 2009


Judicial Review for Overseas Work Permit Holders seeking permanent residence in the UK.

A number of overseas senior carer UK work permit holders have been refused indefinite leave to remain due to gaps in their leave to remain. A judicial review prepared by Michael Mansfield QC's Chambers is about to be lodged challenging the grounds for these refusals. Senior Carers who wish to provide their support in the forthcoming legal action should contact Aston Brooke Solicitors.

The new UK citizenship act will replace indefinite leave to remain with probationary citizenship. This could mean an additional three year wait on top of the five years. In addition the requirements for probationary citizenship will be tougher than for indefinite leave to remain.

Aston Brooke Solicitors say that "It is unreasonable and unlawful for the UK Border Agency to refuse applications for settlement on the basis that there is a "gap" in the continuous stay for the overseas workers. It is clear that the break in the leave to remain and the work permit for overseas senior carers was 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 the firm."

The UK Border Agency had introduced transitional arrangements for senior carers so that they could remain in the UK and apply for settlement. Aston Brooke feels that these people who came under the transitional arrangement should be allowed to apply for settlement also known as indefinite leave to remain in the UK.