Home Office recognises EU loophole

CAMERON Markby Hewitt immigration specialist Julia Onslow-Cole has forced the Home Office to concede that there is a legal loophole which allows employers within the EU to hire foreign workers without work permits.

Onslow-Cole exploited the loophole to help her UK banking client hire an Indian software specialist working leg- ally in Germany without having to wait the four to eight weeks it usually takes to obtain a work permit.

The Home Office has conceded that the computer worker can gain employment in the UK for a one year contract without a permit – but the rule only applies to workers crossing EU borders who have been employed by an EU company for a minimum of one year.

Onslow-Cole, chair of the International Bar Association's migration and nationality committee, who argued the employee's case on behalf of the UK employer, said: “I put the case to every authority I came across, and established the principle with the various bodies until we got a visa.”

She added that the loophole may now become more widely recognised, making more employers aware of their rights to allow non-EU workers to move across borders.