Monday, 20 December 2010

UK Courts Rules Interim Cap unlawful

The temporary Cap on non-EU workers entering the UK was introduced "unlawfully" according to High Court on 17th December 2010.

The temporary cap was challenged on the basis that ministers had not gone through the proper parliamentary procedures and "sidestepping" parliamentary approval.

The JCWI (Joint Council for the Welfare of Immigrants) and English Community Care Association were responsible for the challenge that was upheld by the Judges on Friday.

The Home Office stated that the ruling did not affect the permanent cap meant to be introduced in April next year.

What this means then is that the temporary cap is no longer meant to be in place although I have still not seen anything about this on the UKBA web site yet besides for the announcement itself.

Again the main points to be taken from this is that if you are looking to submit a Tier 1 or Tier 2 application that you do so as soon as possible.

Immigration Minister Damian Green was reported to have said "we will do all in our power to continue to prevent a rush of applications before our more permanent...."

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