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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The Highly Skilled Migrant Programme (HSMP), Business Person, Investor/Innovator and International Graduate Scheme are withdrawn as at 30 June

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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