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Landmark victory for member facing deportation

Published: 01 October 2013

The RCN Immigration Advice Service, in collaboration with RCN Legal Services, has helped win a landmark victory in the immigration courts for a health care assistant member under threat of deportation, following the new rules around minimum pay requirements.
 
Under the new rules, which changed since the member first came to the UK, she had to be earning at least £7.02 per hour to be granted indefinite leave to remain in the UK after five years. However health care assistants, despite playing such a vital role in health care services, frequently earn significantly less than this.
 
Commenting on the case, the judge said that “having admitted her at a certain wage level and led her to believe that settlement was probable at the end of a five-year period, it is very harsh to refuse her because of a recent change of policy that operated on employers and not employees.” The Home Office has requested permission to appeal the ruling and the RCN is now awaiting that decision.

'Absolutely delighted'

Head of RCN Member Support Services, Jacqui Jablaoui, added: “We’re absolutely delighted at this result, which represents a real achievement in protecting the rights of RCN members. The case has been ongoing for nearly two years, and the support from the local community has been incredible during what was a very difficult time for the member and her family. We hope very much that the decision will be upheld.”
 
“Health care services, particularly in the independent sector, depend on migrant workers. Immigration laws are extremely complex, and this case highlights the importance of ensuring they have access to professional support and representation. The RCN continues to work to protect overseas workers and ensure they are given appropriate employment terms and conditions.”
 
RCN Member Support Services provides a range of free specialist services for RCN members, including counselling, immigration and welfare rights guidance. Find out how to get in touch with Member Support Services.