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10 July 2008 / Doron Blum , Matthew Davies
Issue: 7329 / Categories: Features , EU , Family , Immigration & asylum
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Immigration and asylum update

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The Highly Skilled Migrant Programme (HSMP), Business Person, Investor/Innovator and International Graduate Scheme are withdrawn as at 30 June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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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