Paragon Law works at the leading edge of law taking on developing ground-breaking cases and offering comment and opinion on the important cases, statutes and policies of the day.

Communicating these developments to our clients and partners is vitally important which we do through these web pages and our newsletters. Please see below for the latest developments:-

Changes to the criteria for indefinite leave to remain in the UK

2nd April 2007 is an important date for those wishing to be granted permanent settlement rights in the UK as it sees the introduction of new rules covering English language skills and knowledge of life in the UK being introduced.

Individuals who have spent at least five years working in the UK without a significant absence will still be eligible to apply for settlement but they will now also have to take one of the following routes to demonstrate compliance with the new rules:-

• If the applicant is already at or above ESOL (English for Speakers of Other Languages) Entry 3 standard of English, they will be able to undertake the “Life in the UK Test”
• If the applicant has not reached ESOL Entry 3, they will need to gain an approved ESOL qualification through attending an ESOL course which includes citizenship materials at a local college. Applicants who successfully pass this course will be deemed to have met both the language and knowledge of life in the UK requirements for settlement.

To judge an applicants language ability, individuals are recommended to visit the Life in the UK Test website at www.lifeintheuktest.gov.uk.

For those who reach ESOL Entry 3 or above, the Life in the UK test can be sat at one of the 100 or so test centres around the UK. A Handbook entitled Life in the United Kingdom : A Journey to Citizenship is available to help study for the test from www.tso.co.uk/bookshop.

Those who need to join an ESOL class will have to complete a form from BEGIN who can be contacted via local colleges. In the Nottingham area, forms are available through New College Nottingham and Castle College.

Applicants for Indefinite Leave to Remain will also need to be aware that application fees have also been amended effective from 1st April 2007. To find details of all application fees please click here

Bulgaria and Romania Seminar

The UK’s labour market has been opened to citizens of Bulgaria and Romania after the two countries joined the European Union in January 2007. Whilst citizens of both countries now have rights to come to the UK on a temporary basis, as students or to set up in business, they do not, however, have an automatic right to work.

Immigration law expert Thalej Vasishta, of Paragon Law Solicitors said: “Immigration from the countries which joined the EU in 2004 has had a positive effect on our economy. The government has, however, been a lot more cautious on this occasion by taking a gradual approach in allowing citizens of Romania and Bulgaria accession to the labour market. The rules are more complicated and will be based on individuals’ skills, whether they have previously lived here and the sector in which they wish to work.”

Liam Byrne, Immigration Minister, said in a recent Home Office statement: “A bigger Europe is good for Britain and British jobs. We need to make progress on our immigration reforms and understand the transitional impact from the last round of accession before we take the next steps.”

Thalej Vasishta said: “Both employers and employees will have to make sure that they satisfy the new rules, or else employers could find themselves being served with fixed penalty notices by the Home Office if they are found to employ citizens from Romania and Bulgaria unlawfully. Workers from these countries will be required to have an authorisation document before they can commence employment in the UK.”

Paragon Law Solicitors presented a short seminar on the new rules for employers and HR managers in the Grand Jury Room at the Galleries of Justice in Nottingham on the 8th February 2007.

For further information please click here

J v SSHD (Court of Appeal)

J is an Iranian national who sought asylum in the United Kingdom on the basis that he would be ill treated in Iran on the basis of his homosexuality. The Court of Appeal in their Judgement held that the lower courts had failed to give appropriate consideration of the effect upon J of having to practice his homosexuality in a clandestine manner. The Court of Appeal held that this would clearly be an issue to be considered separately in each case when looking at what the effect would be upon an individual to have to practice their homosexuality in a clandestine manner. The lower Courts had failed to consider this aspect of J’s case and accordingly the Court of Appeal held that the case should be remitted in order that consideration may be given to this issue upon the basis that this in itself could amount to persecution under the 1951 Convention on Refugees or a breach of Article 3 of the European Convention on Human Rights. This is one of the first cases under English jurisprudence that clearly sets out the effect of forced clandestinity upon an individual for the purposes of international protection.

Hoxha v SSHD (House of Lords)

Paragon Law represented Hoxha before the House of Lords in a case that examined the 1951 Convention on Refugees and when an individual may be recognised as a refugee. It was in her judgment on this case, Baroness Hale examined the gender specific violence in some detail and provides some very clear guidance when looking at cases which involve gender specific violence.