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Immigration and asylum update

10 July 2008 / Doron Blum , Matthew Davies
Issue: 7329 / Categories: Features , EU , Family , Immigration & asylum
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POINTS BASED SYSTEM

ILLEGAL WORKING

WITHDRAWAL OF MARRIAGE POLICIES

Complication arising from the Home Office’s mission to simplify is keeping practitioners busy across the spectrum of immigration law. New obligations, with heavy penalties for breaching them, now attach to employers and migrants. The withdrawal of established policies and concessions, and confusion as to what replaces them and when, has characterised the “consolidation” of policy guidance. The piecemeal introduction of the points based system (PBS) for economic migration has challenged advisers to discern safe and lawful routes for applicants seeking to preserve, extend, or change immigration status in the UK. Undeterred, the government announces new measures with robust confidence and unprecedented pace.

POINTS BASED SYSTEM—RECENT DEVELOPMENTS
The Statement of Changes in Immigration Rules HC607 was laid before Parliament on 9 June 2008. Key provisions are as follows:

Tier 1
The sub-division of Tier 1 beyond the “General” (post-HSMP) category effectively replaces other existing categories. The Highly Skilled Migrant Programme (HSMP), Business Person, Investor/Innovator and International Graduate Scheme are withdrawn as at 30 June 2008

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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