Permission to work for Legacy cases?

By On 11 December 2008 · 13 Comments · In Cases, Legacy

The case does not mean an automatic right to work

The case does not mean an automatic right to work

An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right to work for those caught in the Legacy backlog. It is called Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin). 

This does not mean that those in the Legacy will be granted the right to work. It means that the Home Office have to go away and re-think their policy. It would be open to them to maintain a selective ban on employment in certain cases or even perhaps to maintain a blanket ban, if they put forward better justification and some evidence. They have approximately three months to comply, otherwise there will be further legal action.

Given appalling and very damaging recent Home Office tardiness over Metock and Baiai, it would not be at all surprising if the three month deadline slipped. The Home Office are not good losers.

 
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13 Responses to Permission to work for Legacy cases?

  1. Ayanda says:
    11 December 2008 at 5:15 pm

    I’m keeping fingers, toes & everything I have crossed that this works out for legacy cases!!! Gosh, it’s been a deluge of good news lately immigration wise.

  2. dollar says:
    11 December 2008 at 10:10 pm

    Good news, I am in the legacy backlog and legally married to a Brits and have a son but not allowed to work! Brilliant jugement…

  3. LondonHopo says:
    11 December 2008 at 10:12 pm

    On the FAS living on S4 support point, this report of the Refugee Concil makes interesting reading.

    http://www.refugeecouncil.org.uk/news/press/2008/October/20081006.htm

    LondonHopo

  4. farai mhlanga says:
    11 December 2008 at 11:22 pm

    hold your guns dollar. case didnt compel HO to grant permission to work

  5. Permission to work for Legacy cases? : Hatnews says:
    12 December 2008 at 1:43 pm

    [...] be at all surprising if the three month deadline slipped. The Home Office are not good losers. – Free Movement Filed Under: NewsTagged: High Court, Home Office, Legacy Cases Enter Google AdSense Code [...]

  6. claire says:
    18 January 2009 at 10:50 pm

    My husband is not allowed to work and he is in the “legacy backlog” it is so hard to pay all the bills alone especially in these hard times in the uk! He is desperate to work and will be guaranteed a job but unable to?? One less to pay tax which would help government?? sounds silly. I pray they hurry up he has been waiting since 2006. We have been together nearly 6 years and want a family but need to know what the government will do?

  7. claire says:
    18 January 2009 at 10:54 pm

    unable to marry under UK law, unable to study, unable to work, unable to claim benefits, unable to live a normal life, what more restrictions do the UK government want to put on us?

    • baby says:
      6 January 2010 at 9:28 pm

      this is the same exact situation with me.i hve been here since 2001 studied and been doing nothin since 2005. no work, cant get marriedd, no place to live, no job, no benefits nothing. i am a begger.

  8. David says:
    15 February 2009 at 4:31 pm

    No more news on Legacy Cases for the last two months?

  9. joanne burgess says:
    24 February 2009 at 6:01 pm

    Claire
    interested to see your comments my partner is too in the legacy casework system its very frustrating
    try not to lose hope

  10. Alex says:
    3 March 2009 at 11:34 am

    What about me, i have lived in UK for the last 17 years,its now 3 years since i appllied for leave to remain under long residency rule,they have not decided my case yet,does it really take this long to conclude the case?

  11. chung says:
    10 August 2009 at 5:40 pm

    this is wearing me out. ive been in this country for 7 years. i should have been granted a visa because i arrived when i was 11. but yeah nothing was done, and i will have to wait. I just want a decision so that i can move forward with my life. like going to University, get a job.

  12. luqman says:
    17 September 2009 at 11:20 pm

    hi i been here laat 6 years my case in the legecy catogery from mrach 2008. so i am waiting so i have no indication of my case since 2007 august