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The Highly Skilled Migrant Programme (HSMP), Business Person, Investor/Innovator and International Graduate Scheme are withdrawn as at 30 June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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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