Nationality Immigration and Asylum Law - Case Study Example

There are two possible avenues that Joshua can take, which is to apply for a straightforward work visa or apply through the Highly Skilled Immigrant Programme. The advantages and disadvantages of both programmes will be explored; as well as the eligibility of Joshua. 1) The position that is sought must be at an NVQ level or higher, i.e. a skilled work position. Also if the person is applying for a professional position the individual must be registered with the applicable governing body of that profession. 2) The educational level that the individual holds must meet the required skills of the job at a NVQ level 3 or higher OR the individual must hold the relevant experience that the UK educational bodies would apply to the individual's work experience.

The work permit approvable educational experience are as follows: 3) In addition to the work permit if Joshua wants to remain more than six months he must apply for UK Entry Clearance, as he is looking for a possible change and move towards the UK this may be a requirement. If Joshua wants to make an informed decision in whether he wants to remain to work in the UK he probably will want to apply for UK Entry Clearance, especially when most work visas are between 1 and 5 years. UK Entry Clearance is just indication on the individual's passport the reason for staying in the UK4) The position that is being applied for has to be advertised, unless it is a designated shortage occupation by the UK government and a work visa is easily approved as long as all other criteria are complied with.

On the other hand, if it is a non-shortage area then the employer prior to hiring Joshua has to illustrate an attempt to employ from within the EEA workforce. This means it is a lot easier for Joshua to apply for a work visa within the UK after being accepted by a company here that has complied with the Immigration Directorate's guidelines if it is in an area where there are no shortages in the UK. 5) Finally, Joshua will be able to have his wife and child enter the UK with him as long as he can prove that they are still co-habiting together.

The main problem with taking this approach is that Joshua will have to extend his visa every time that it expires and will the have to take the avenue of further leave to remain; however as EU law states this applicable continuously after a one year's continuous employment has occurred1. Therefore these provisions will have to be explored if Joshua and his family decide to reside in the UK. This means that Joshua will have to apply for indefinite leave to remain after 5 continuous years of work permits, after this time he can apply for indefinite leave.

In this time Joshua has to ensure that he stays in good standing with the British Government and does not commit an imprisonable offence otherwise he can be deported effective immediately2. The second avenue that Joshua can take is as a highly skilled migrant, which means this sets him for living in the UK indefinitely. This will make the transition if he