Case studies

Work permit reinstated by immigration judge

A Russian working as an assistant manager at a hotel had his work permit revoked by the Home Office. It did not believe his job was genuine work permit employment, which must meet specified qualifications and skills criteria, and argued that he was working as a receptionist. The hotel deducted a large slice of the individual's salary to pay for his accommodation in the hotel, so his net pay was much lower than the Home Office would expect for someone in work permit employment.

The Home Office's reasoning behind its decision was inconsistent and poorly documented. It ignored details setting out the employee's duties and an explanation of how he was paid. The employee is in a long-standing relationship with his Polish girlfriend. The judge was persuaded that the Home Office decision to revoke the work permit was unlawful in its totality, and that our client had established a private life in the UK with an EC citizen. The couple plan to marry and will hopefully live happily ever after in the UK.

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