A healthcare assistant facing the threat of deportation has won her appeal to remain in the UK.
She had been ordered to leave the country after new rules came into effect stating that she had to be earning at least £7.02 an hour to be granted indefinite leave to remain in the UK after five years.
Despite playing a crucial role in the delivery of patient care healthcare assistants can often earn below that level.
“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 judge said.
The Home Office has applied for permission to appeal this latest ruling and a decision on this request is now being awaited.
The healthcare assistant in this case was helped by RCN Immigration Advice Service in conjunction with RCN Legal Services.
Jacqui Jablaoui, head of RCN Member Support Services, said of the judge’s decision: “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.”
She went on to say that migrant workers are vital to healthcare services, especially in the independent sector.
Given that immigration laws are complex this case highlights the need for individuals to continue to receive professional representation, she added.
RCN Member Support Services provides members with a range of specialist help, such as counselling and guidance on immigration and welfare rights.
Are you able to Speak Out Safely? Sign our petition to put pressure on your trust to support an open and transparent NHS.