Vander Elst/Swiss posted workers and third country agreements

ARCHIVED: this Overview is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016,

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Lords Committee criticises lack of advance information on immigration policy changes

The House of Lords Secondary Legislation Scrutiny Committee has criticised the Home Office for failing to provide sufficient information in support of measures set out in its latest Statement of Changes in Immigration Rules HC 977, which sets out significant changes to immigration policy. The Statement tightens the Skilled Worker visa route by removing care workers/senior care workers from the list of occupations eligible to recruit migrant workers form overseas and tightens conditions for granting Skilled Worker visas—affecting around 180 occupations (which could lead to a 40 drop in grants). The Committee highlighted the lack of consultation and the absence of an impact assessment, which it says severely undermines parliamentary scrutiny. It called for the impact assessment to be published before the end of the current summer recess. The Statement also closes two schemes which assisted Afghans who supported UK operations and aims in Afghanistan, including through resettlement. A submission to the Committee argued this would permanently abandon people in need, especially in light of a 2022 data breach recently revealed through the lifting of a superinjunction. The Home Office responded that most eligible applicants had already applied and that 95% of current applications were found ineligible. The report states that the Committee had previously repeatedly requested the Home Office to provide sufficient information when laying new legislation with potentially significant consequences, but ‘despite acknowledging this to be correct practice’ it had failed to do so again. It includes a link to detailed submissions sent to the Committee by the Work Rights Centre, the Immigration Law Practitioners’ Association and the Home Office.

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