Judge attacks immigration ‘merry-go-round' after migrant made 16 applications to remain in UK at a cost of £250,000 to taxpayer
A senior judge this week condemned the immigration ‘merry-go-round' that allowed an asylum seeker to stay in Britain for a decade. The Pakistani national was allowed to make a staggering 16 appeals or new applications despite being rejected at every turn, at an estimated cost to taxpayers of at least £250,000.
The simple fact is, migrants and immigration advisers and lawyers know that you always have a chance of overturning a UK Border Agency refusal decision on appeal before a Judge.
In three recent cases Judges overruled the government and allowed overstayers who had broken the law to remain in the UK against the wishes of the UK Border Agency or Home Office.
Firstly, a Bangladeshi student won an Article 8 ‘private life' appeal in Upper Tribunal to remain in the UK after claiming he ‘played cricket with his friends' and established a life in the UK.
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In the second case a Pakistani student was allowed by Immigration Judge to remain in UK despite buying a fake English certificate.
Finally there was the so called ‘pet cat appeal' student who was allowed to stay in the UK partly because he owned a cat, even though he had overstayed his student visa and had previously been arrested for shoplifting.
In December the UK government brought in new charges for some asylum, immigration and visa appeals and introduced new procedures for submitting appeals against refusals. Fees of £80 for a ‘paper consideration', a decision made by an Immigration Judge on papers without a hearing, and £140 for a full oral hearing at a tribunal will be applied to appeals against decisions taken on or after 19 December 2011.
The new charges do not represent the full cost of administering or conducting an appeal. You should not, therefore, be put off from lodging an appeal against a refusal if you think the decision is unjust, unfair or unlawful.
Oral appeals, which are heard before an independent Immigration Judge at a full hearing in the First-tier Tribunal, usually have a greater chance of success than an ‘on papers' appeal, especially if the form is poorly drafted.
At a hearing you, or your legal representative, will have the opportunity to submit a ‘bundle' outlining your case and argue your case before a Judge.
Professional immigration advisers and appeals specialists will only take on appeals which have a fair chance of succeeding. OISC registered Level 3 Immigration Advisers such as Bison UK do not submit appeals unless there are grounds of appeal and they feel there is a good chance of overturning the refusal decision.
Whilst you can submit your own appeal without using an adviser or lawyer, applicants should consider taking advice before firing off an appeal form, as this will later be taken into account as part of your case. Most advisers will offer an initial consultation for a small fee where you can get professional advice on your case for you submit your appeal.
If you have been refused a visa or renewal or face deportation and need advice on how to appeal, email info@immigrationmatters.co.uk. Full story...
Immigrants on benefits figures revealed
371,000 migrants on benefits according to Government estimates.
The UK Government has published its first ever estimates for the proportion of foreign-born people who are claiming working-age benefits in the UK.
Last week ago anti-immigration groups were complaining that migrants were taking too many jobs away from British workers. Now they are implying that migrants are all on benefits.
A recent Office for National Statistics report looked at trends in Eastern European migration and it said that just over 300,000 workers arrived in the UK during the recession. It said there was a "growing body of evidence" that A8 workers were taking jobs that local employers find hard to fill with domestic workers.
The Home Office said it was working to reduce net migration.
"Controlled migration can bring benefits to the UK economy, but uncontrolled immigration can put pressure on public services, infrastructure and community relations," a spokesman said.
"That is why we are ensuring graduates and the workforce get the opportunities and skills they need so that they can find work, and why we have maintained restrictions on workers from Romania and Bulgaria, and made it clear we will always introduce transitional controls on new European Union member states to stop unregulated access to British jobs."
Even though they are EU members, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from Poland, Slovakia or other A8 Accession countries. Full story...
The UK Border Agency (UKBA) has published revised guidance notes for Bulgarian and Romanian accession worker card applicants and employers, and a new version of Form BR3.
Accession worker card applicants from Bulgaria and Romania should now use the new ‘01/2012' versions of the BR3 form and ‘guidance notes for Bulgarians and Romanians who want to work in the UK‘ when applying for an accession worker card.
Bulgarian and Romanian yellow card applicants for student or self employment should continue to use Form BR1.
Unlike other EU members, Bulgarian and Romanian citizens will not have unrestricted ‘free movement' rights to work in the UK until at least the end of 2013.
There has been much discussion about the Canadian Conservative government's new "Super Visa" in the community recently, but unfortunately it has turned out to be an insult to families desperate for their parents to visit or migrate to Canada.
1980's pop legend Adam Ant was awoken by immigration border police yesterday when his London home was raided at dawn
Asian singing star Garry Sandhu has been deported back to India by the UK Border Agency after losing an appeal...
The UK Treasury has announced plans to make London the leading international centre for trading China's currency, the Yuan, also known as the Renminbi.
The UK Border Agency has announced that from this month applicants under Tier 1 (Exceptional talent) of the points-based system must follow a new procedure if they want Arts Council England (ACE) to endorse their application.
With Yellow Card student applications for Bulgarians and Romanians taking 3 to 6 months to process, getting it right first time is vital.
Bulgarians and Romanians exercising treaty rights as students under Yellow Card registration certificates are reporting that their applications are taking between three and six months to be processed and approved by the UK Border Agency Full story...
If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email:
info@immigrationmatters.co.uk or visit http://www.immigrationmatters.co.uk/
Majestic College offer special packages for EU students - NVQ or QCF Vocational courses which allow students to effectively work full time because they are taking a vocational course. They also have a number of employers looking for staff right now and are willing to offer jobs to Bulgarians and Romanians.
Majestic College also offer free support with BR1 or Yellow Card applications.
For more information and a free consultation call Joanna on 0208 207 1020 or email info@majesticcollege.org
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