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02 March 2010 / Doron Blum , Matthew Davies
Issue: 7262 / Categories: Features , Immigration & asylum , Employment
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Immigration and asylum update

Bulgarian and Romanian Workers, Application of Chen in self-sufficiency cases, Highly skilled migrant programme, Migration advisory committee

ACCESSION AND AFTER

The Accession (Immigration and Worker Authorisation) Regulations 2006 (SI 2006/3317) came into force on 1 January 2007, and with them the populations of Bulgaria and Romania acquired free movement rights and effective exemption from immigration control. Important derogations from Art 39 of the EC Treaty imposed, for the accession period, a condition of worker authorisation on non‑exempt Bulgarian and Romanian nationals intending to enter the UK labour force. So we arrive at the uncomfortable distinction between A8 nationals admitted in 2004 and A2 nationals. The Home Secretary’s statement on 24 October 2006 cited emerging pressures on housing, education, English language training and the labour market itself as justification for these transitional arrangements and promised annual review.

In practice, they work as follows:

Employment

The authorisation process defaults to the work permit arrangements, so employers must still apply for work permit permission to employ Bulgarian or Romanian nationals under one of

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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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