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Economic Migration and Work Permits

Some of the primary legislation

Some of our recent notable cases

Patel & Ors v Secretary of State for the Home Department (2012)
A person who had arrived in the UK in 2005 under the Highly Skilled Migrant Programme but, following unlawful changes to the Programme in 2006, had returned to his country of origin, had had his required period of residence cut short and had therefore been unfairly prevented from obtaining indefinite leave to remain.
[2012] EWHC 2100 (Admin) 24/7/2013
Duran Seddon

Secretary of State for Home Department v Pankina and others (2010)
Regarding the application of Article 8 in points based system claims.
[2010] EWCA Civ 719 23/6/2010. Reported at (2010) 3 WLR 1526 & [2010] Imm AR 4
Ronan Toal

Low & Ors, R (on the app. of) v Secretary of State for the Home Department (2010)
Whether the decision of the Secretary of State to refuse residence documents to third country nationals otherwise unlawfully present in the UK was contrary to the freedom to provide services under Article 49 of the EC Treaty when such nationals were temporarily employed by an Irish company with a contract to provide services in the UK.
[2010] EWCA Civ 4 14/1/2010. Reported at (2010) ICR 755
Adrian Berry

R (Payir and others) v Secretary of State for the Home Department (2008)
Earning the right to work after entry as a student.
ECJ Case C-294/06 24/1/2008. Reported at [2008] 1 WLR 1910.
Nicola Rogers

Lui v Secretary of State for the Home Department; Wang v Secretary of State for the Home Department (2007)
Concerning the rights of EU national children to be accompanied by their non-EU national parents and the right of those parents to work in the UK.
[2007] EWCA Civ 1275 25/10/2008.
Frances Webber and Nicola Rogers

The Queen, on the app of Veli Tum, Mehmet Dari v SSHD (2007)
Re. EC-Turkey Association Agreement and the standstill rules of establishment. Judgment stated that these should be applicable to rules regarding entry and restrictions could not be used against failed asylum-seekers wishing to enter UK to start a business..
ECJ Case C-16/05 20/9/07. Reported [2008] 1 WLR 94
Nicola Rogers

Baumbast and R v SSHD, ECJ (2002)
Free movement rights and rights of children of migrant workers
ECJ C-413/99 17/9/02. Reported at [2003] INLR 1
Stephanie Harrison

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