December 22, 2010
The High Court last week ruled that the temporary government caps on migrant workers that have been in force since the summer were unlawful and should be removed. This was because the proper Parliamentary scrutiny procedures had not been followed when the caps were introduced. The intention behind the measures was to prevent a flood of applications before a permanent limit on workers from outside the EU is introduced next spring. The temporary caps were challenged by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association (ECCA), who were worried about the effect of the caps on care home workers and their employers. Industries such as the care home industry employ large numbers of migrant workers and so are likely to face recruitment problems and skills gaps as a result of the limits. However, the effect of the ruling is expected to be short-lived. The Immigration Minister has already laid before Parliament a policy to re-introduce the cap on Tier-1 (General) visas, for highly skilled workers who do not have specific job offers when they enter the UK, in accordance with the proper procedure. This will prevent further Tier-1 applications from outside the UK as of 23 December 2010. Employers and workers who are uncertain of their current position, for example due to visas having been rejected under the illegal cap, or who are concerned as to what they should do before the permanent cap is introduced next year, should seek legal advice as soon as possible.