header-logo header-logo

03 July 2008 / Joe Middleton , Mark Henderson
Issue: 7328 / Categories: Features , Public , Employment
printer mail-detail

Public law update

HIghly skilled migrant programme
Expulsion

LEGITIMATE EXPECTATION
In a series of recent cases the courts have grappled with issues of legitimate expectation as they relate to people granted leave to live and work in the UK under the highly skilled migrant programme (HSMP). These migrants are by definition exceptionally well qualified and make a valuable contribution to the UK. Their problem has been that, having been encouraged to come here on a programme leading to settlement (permanent residence), the rules of the programme and their eligibility for employment were suddenly changed and they found themselves facing the prospect of having to leave the country.

AA and HSMP Forum
The first pair of cases arise from changes to the HSMP criteria in November 2006. These meant that many of those already on the programme who had expected to be able to settle in the UK in due course, suddenly became ineligible for any extension of leave. The appellants in AA (Pakistan) [2008] UKAIT 00003 (21 December 2007) had originally applied for HSMP status

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll