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Immigration and asylum update

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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