Joshua Yetman appears in High Court judicial review addressing employment issues in immigration context.
R (Andrews) v SSHD [2025] EWHC 64 (Admin) discussed the definition of voluntary work in section 44 of the National Minimum Wage Act 1998 and its application to Home Office Guidance concerning the revocation of visas. The High Court clarified that when considering the conditions attached to a Skilled Worker’s visa, the wording within the Guidance must defer to statutory definitions cited within the Immigration Rules.
The decision then made clear that voluntary work in this context should only be done for an organisation with a charitable purpose, if it is to be done alongside paid employment that falls within the terms of a visa. That is because the Rules define voluntary work by reference to section 44 of the 1998 Act, which expressly limits it to charities.
The case makes clear that the relevant statutory definitions will be strictly applied where a person works outside of their visa conditions. This is especially the case where there is evidence of attempts to mislead as to the nature of the voluntary work being done. Consequently, unpaid work for a non-charitable business or employer can lead to a visa being lawfully revoked.
You can read more about the case here.
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