Top Legal 500 ranking for Penningtons' immigration team

We are really pleased that our team's hard-work over the past year in developing a brand new immigration service to meet the demands of the new immigration system has been recognised by The Legal 500 which has published its latest edition this week.

Our team is the only team in the UK which is ranked number 1 for both corporate and private immigration services which reflects the fact that we often draw on our expertise and knowledge of both areas of law when delivering solutions to our business clients.   

In its report (click here) The Legal 500 team commented that Penningtons is a ‘clear market leader in litigation involving the Points Based System and sponsorship’. The firm is ‘very involved in developing immigration procedures with government bodies/organisations’, and grew with the addition of a team from KPMG in November 2009. Led by Philip Barth (noted for his ‘articulate, detailed and knowledgeable approach’), the team includes Nichola Carter (‘consistently ahead of the game’), Pat Saini (‘full of common sense') and Hazar El-Chamaa (‘very talented’).

During the last year we have:

- worked with UKBA, BIS and GTI Recruiting Solutions to develop the hugely successful tier 5 intern  
  scheme (www.tier5intern.com);

- developed a competitively priced high-volume intra company transfer service for our multi-national 
  clients which also provides a full sponsor compliance and HR training service supported by our 
  bespoke IT interface;

-  put in place a global service model to assist with global transfers;

-  negotiated discreetly with UKBA on behalf of many sponsors to ensure that they retained their 
   licences when they discovered and reported simple administrative errors to UKBA;

- successfully challenged UKBA on numerous occasions in relation to wrong decisions, especially  
   for our clients who operate in the education sector;

- assisted many individuals in their moves to the UK to establish or join businesses;

- constantly monitored and reviewed our clients' sponsor licences to keep them safe.

We are currently trying to work with UKBA to resolve many of the urgent problems caused by the interim limits (see below) in the hope that litigation can be avoided. Time is however running out for many businesses on this issue and we will provide updates as soon as we can. 

The team is really pleased to have its efforts recognised and wishes to thank all those who mentioned us to The Legal 500 research team.  

Minister's keynote speech and new research

The Immigration Minister, Damian Green, gave a speech on 6 September which is especially important for all those involved in immigration in the context of work and study. The full text of the speech can be found by clicking here.

It is important that the speech is read in conjunction with the research the Minister refers to in his speech which can be found by clicking here.

Some of the information contained in the research document may be helpful to those who are putting together responses to the consultation on limits (see below).

Tier 2 interim limits update

The UKBA panel which is meant to consider applications under the 'exceptional' consideration process for tier 2 has this week dealt with requests from sponsors which were filed before 25 August. The panel consists of three senior representatives from UKBA's sponsor licensing unit, a representative from the Department for Business Innovation and Skills (BIS) and a representative from the MAC secretariat.

Unfortunately the panel appears to have decided to refuse all applications (including  where the role is on the shortage occupation list) other than those where an extension under tier 2 or the work permit scheme for an existing worker is required. This is an extremely disappointing outcome which leaves many businesses and individuals who need tier 2 general certificates in a state of limbo. 

We have explained to UKBA that under the law as it currently stands they do not have the authority to act in this manner. We have made several suggestions to them, including looking at business cases filed in support of applications, in the hope that they will make urgent changes to the process so that litigation can be avoided. In our opinion, it is very important that business cases are submitted with applications because where refusal decisions are referred to the courts, it is more likely that claimants will be granted urgent interim relief where there is a solid business case. In such cases the urgent relief we will be seeking will be a court order requiring UKBA to enable the sponsor to issue the certificate.

In the meantime where an urgent decision is genuinely required and the application is put directly to the Deputy Director of Sponsorship (or a nominated director), these cases are more likely to be approved.

New rules on asylum seekers' right to work

The UKBA has laid a statement of changes to the Immigration Rules (Cm 7929) giving effect to the recent Supreme Court judgement in ZO (Somalia) [2010] UKSC 36.

The new rules provide that eligible asylum seekers and failed asylum seekers who are granted permission to work will only be entitled to take up employment in a job found on the shortage occupation list maintained by UKBA for the purposes of tier 2 (general) applications.

Asylum seekers and failed asylum seekers will not be allowed to be self-employed or engage in setting up a business.

The shortage occupation list can be found by clicking here.

The new rules came into effect on 9 September 2010.

17 September deadline for responses to consultation on non-EU economic migration

The deadline of 17 September for submitting responses to the consultation on limits on non-EU economic migration is fast approaching.

We have taken the opportunity to review the Migration Advisory Committee's previous research on tiers 1 and 2 which includes its review of the data available on the impacts and fiscal benefits of skilled and highly skilled migration (including dependants). In order for the implementation of limits to be lawful, policies must be rational. The MAC reports and extracts can be accessed by clicking here.

Penningtons' seminar on tier 2 limits and alternative solutions

Wednesday 6 October 2010

The introduction on 19 July 2010 of interim caps on tier 2 (general) allocations, which resulted in the reduction of the number of available Certificates of Sponsorship (in many cases to zero), has resulted in uncertainty for businesses. On Wednesday 6 October 2010 we will be holding a seminar on how to prepare applications for additional Certificates of Sponsorship under the exceptional consideration procedure, how to challenge refusals and alternative solutions to using Certificates of Sponsorship.

If you would like further information about this seminar, please e-mail Vicki Hardy or telephone her on 01483 411407.

If you would like to discuss any aspect of this update further, please contact:

                                 Nichola Carter                                                           Philip Barth