Requirement for immigrants to be in a ‘skilled occupation’ ruled illegal
The Supreme Court has decided that a law introduced in 2010 which said that migrants must be in a skilled occupation to work in the UK is illegal because it was not approved by Parliament.
The case was brought by a Pakistan citizen who, after studying here came to work in the UK as a physiotherapy assistant. He began a process of judicial review after being refused leave to stay in the country because his job was not considered sufficiently skilled under the 2010 rules.
Giving judgement in the case, Lord Hope said “It is a means of controlling the numbers of skilled migrants who may be given leave to enter or remain in this country. It is not inconceivable that from time to time it may be thought necessary for the level to be changed.” However he could see “no good reason” why the qualification not been laid before parliament.
Lord Hope continued “for the same reason, as the detailed information about which occupations are to be taken to be at or above the relevant skill level is open to change at the discretion of the Secretary of State, these details – and any changes that may be made to them in the future too – must be laid before parliament.”
Shahram Taghavi, who acted for the Joint Council for the Welfare of Immigrants, which was involved in the case said “today’s ruling will have a profound impact upon the current corporate immigration system, and effectively represents a wholesale collapse of the legal framework for immigration policy in the UK.