Legal News

Following our post last week regarding the case of ZO, MM, DT [2009] EWCA Civ 442 (http://www.bailii.org/ew/cases/EWCA/Civ/2009/442.html) we can confirm that we are now accepting the cases of clients who would like to make an application for permission to work on this basis.

In order to qualify for permission to work there are a number of requirements which can include:

1 - Submitted a fresh claim application more than 12 months ago
2 - Have complied with the Immigration Services during the last year (have informed them of your address/complied with reporting restrictions)
3 - Have not committed any criminal offences

The case itself states that in order to come within the definition of a fresh claim the applicant must have made a claim for international protection and therefore whilst asylum and Humanitarian Protection claims should be considered applications on Article 8 and policy based cases may not and each case would need to be assessed on an individual basis.

In addition to cases falling within this policy we are also considering the cases of those who fall within Rashid and R (S) Afghanistan and those who were asked to complete a legacy questionnaire more than 12 months ago.

We would ask you to note that the Home Office have appealed to the House of Lords and there could therefore be delays in these applications. We will therefore carefully consider each application we make to ensure all relevant issues are highlighted to the Home Office.

If you feel that you qualify under the above criteria or just want advice on whether you could make a permission to work application then feel free to contact our office or call in- if you are not sure if this applies to you then remember we offer a free 15 minute “no obligation” assessment!