The English Community Care Association (ECCA) legal challenge against the UK Government’s Tier 2 immigration cap policy commenced today in London’s Royal Courts of Justice.
The two day Judicial Review hearing argues that the UK Border Agency’s decision to impose an interim cap, and subsequent withdrawal of care employer’s CoS (Certificates of Sponsorship) allocation and only reissue them on the basis of salary, was unreasonable and carried out without proper consultation.
The trade body is concerned that the cap is having a severe effect on Senior Carer recruitment in the care sector and is hampering the industry’s ability to meet the Government’s strict care standards.
Earlier this year the new coalition Government announced a cap of 21,700 on the number of skilled workers from outside the European Economic Area allowed into the UK. The cap represents a cut of 6,300 on the figure for 2009.
However, the UK Border Agency (UKBA) reset employers’ Certificates of Sponsorship (CoS) allocation to zero following the interim cap introduced by Home Secretary Theresa May in a bid to reduce net migration from the ‘hundreds of thousands to the tens of thousands’.
The combined hearing includes a similar challenge by the JCWI (Joint Council for the Welfare of Immigrants) on Tier 1.
Around 30 Filipino migrant care workers attended the hearing but were prevented by the Judge from displaying a ‘Save our Senior Carers’ banner in court.
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