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Immigration Rule change following Supreme Court judgment in ZO (Somalia) | Immigration Matters

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The UK Border Agency (UKBA) has announced that as a result of the Supreme Court’s judgment of 28 July in the case of ZO (Somalia), they must now allow failed asylum seekers who have made further submissions asserting a fresh claim for asylum to apply for permission to work if:

  • their further submissions have been outstanding for 12 months or more; and
  • the delay is not their fault.

Changes to the Immigration Rules giving effect to this judgment have been laid today, and will come into force on 9 September 2010. The UKBA will begin considering applications from eligible failed asylum seekers under the amended Immigration Rules from that date.

This judgment will primarily affect failed asylum seekers who:

  • initially claimed asylum before 5 March 2007 (which means that their cases are managed by our case resolution directorate); and
  • have already made further submissions.

The agency is on track to conclude all of these cases by the summer of 2011. The policy will only have a short-term effect, and anyone making a further submission now is unlikely to be affected by the judgment.

The changes to the Immigration Rules will restrict the type of work that can be done by asylum seekers and failed asylum seekers who are granted permission to work. They will only be entitled to take up a job which is included on the official shortage occupations list.

Asylum seekers and failed asylum seekers will not be allowed to be self-employed or engaged in setting up a business.

The UKBA said:

‘These restrictions will ensure that, like other foreign workers, eligible asylum seekers and failed asylum seekers are diverted to occupations where a national shortage of skilled labour has been identified and thereby do work which benefits the UK economy. We will review this policy again next year.’

Source: UK Border Agency

See also:

UK Border Agency Survey of recent applicants for settlement or ILR

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