Mr Green also announced that he wanted to break the link between temporary and permanent migration and look at the way courts interpret the human right to family life, which he said has led to a “ridiculous and damaging situation” and risks a “dangerous” stand off between parliament and judges.

The government is also proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level was between £18,600 and £25,700.

The news will be of grave concern to the thousands of skilled workers on Work Permits and Tier 2 Working Visas who are earning less than £31,000.

Whilst the UK has never guaranteed working migrants permanent residency under the terms of their work permits, most were expecting to one day qualify for indefinite leave to remain (ILR) after working in Britain for 5 years.

The Minister has not announced any transitional arrangements for those already here. But if the new rules are applied to all existing migrants, the minimum threshold would not be reached by most nurses, senior carers, chefs, care managers and many other occupations where the basic pay rate is less than £31,000.

Some of the questions being asked are:

• Will the new earnings test apply to all existing work permit holders or new entrants after a certain point?
• Does my dependant husband’s income count towards the minimum salary requirement?
• How long do I have to be earning £31,000 for or is it my current salary level that counts?
• If I cannot qualify for ILR will I be able to extend my work permit after 5 years?
• If I have children born in the UK do I have a right to stay under Article 8?

The answer to most of these questions are only known to ministers and Home Office officials at this stage because full details of the reforms have not yet been revealed.

The government is committed to reducing net migration to the ‘tens of thousands’ by 2015 and major reforms to the immigration points based system will be needed to reach these targets.

The changes do not affect EU migrants from Eastern European countries such as Poland and Slovakia, or Bulgarians and Romanians exercising Treaty Rights to obtain Yellow Cards.

See also:

Settlement in UK to be linked to a minimum salary of £31,000 says Immigration Minister

Human rights decisions led to ‘ridiculous and damaging’ situation, says UK Immigration Minister

Romanian workers offered UK jobs while 2.7 million claim benefits

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 www.immigrationmatters.co.uk

Mr Green said the situation is “not healthy for anyone” and calls the whole concept of human rights in to question.

The Government is currently examining how parliament can provide clearer guidance on how Article 8 of the European Convention on Human Rights show be interpreted with a view to restricting its use.

It follows concerns that foreign criminals and other illegal immigrants are able to use the right too easily to fight deportation.

In 2010, more than 400 criminals were allowed to stay in the UK after winning appeals, mainly on human rights grounds such as the right to family life.

Last month, it emerged Theresa May, the Home Secretary, is drawing up plans to stop illegal immigrants using time spent in Britain unlawfully to bolster their claims to stay.

She aims to stop those facing deportation demanding a right to family life because of the length of time they have been in the country, when most of it was spent here illegally.

In a speech to the think tank Policy Exchange in London, Mr Green said most people would not agree that rights had been breached in many recent high profile cases.

“That leads to the ridiculous and damaging situation where the whole concept of Human Rights is called into question,” he said.

“This is not healthy for anyone. It is also dangerous for there to be a long-term stand-off between Parliament and the judges, which is why we want to give better Parliamentary guidance on what should be considered in these kind of cases in future.”

In a wide ranging speech on immigration, Mr Green also revealed some high earning migrants may be allowed to take up jobs in the UK without them first being advertising to others.

Under the resident labour market test, employers looking to recruit from outside the EU must first advertise for a month in jobcentres.

But Mr Green is keen to make it easier for the most talented migrants to come and has asked the Migration Advisory Committee (MAC) to look at the issue.

He is also considering allowing talented “entrepreneurial” international students the ability to stay on and continue to develop their ideas after their studies.

It is part of the Government’s bid to redefine the foundation of immigration policies to ensure the brightest and best can still come.

He said immigrants must “add to the quality of life in Britain” if they wish to live here and not just “benefit by Britain”.

The Government has pledged to cut net migration from the current 242,000 to the “tens of thousands” last seen in the 1990s, with crackdowns on forced and sham marriages, bogus students and an annual cap on immigrants coming from outside the EU.

The MAC, the Government’s immigration advisers, found there were up to 23 fewer jobs for British workers for every additional 100 working migrants coming from outside the EU. Source: The Telegraph.

The UK is set introduce a minimum earnings figure of £31,000 in order to qualify for permanent settlement or Indefinite Leave to Remain, the Immigration Minister announced yesterday.

Mr Green also told the BBC that he was proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level from MAC (Migration Advisory Committee) was between £18,600 and £25,700.

See also:

Settlement in UK to be linked to a minimum salary of £31,000 says Immigration Minister

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 www.immigrationmatters.co.uk

• Further changes to family migration
• Reforms to settlement and greater selectivity
• Breaking the link between temporary and permanent migration
• Completing changes to eliminate abuse of the student visa route
• review of the annual limit on skilled economic Tier 2 migrants
• Contribution-based system rather than points-based

As expected, the UK Border Agency has confirmed earlier rumours published by Immigration Matters on reforming the route to settlement with the creation of a ‘sustainable selective immigration system that encourages the brightest and best to come to the UK’.

At a speech at the Policy Exchange, the Immigration Minister Damian Green expressed a desire to ‘raise the tone of the immigration debate’ and start building a national consensus on how immigration can be made to work for Britain.

He will be pressing on with sweeping reforms that impose restrictions on those migrants the country does not need, while developing a greater selectivity to attract those migrants the country wants.

Damian Green said:

‘We need to know not just that the right number of people are coming here, but that the right people are coming here. People that will benefit Britain – not just those who will benefit by Britain.

‘We have laid the foundations for a sustainable system where we get numbers down and keep them down. Now we shall make it work for Britain.’

The government has committed to reduce net migration numbers from hundreds of thousands to tens of thousands. In the latest published quarterly figures, compared to a year previously, there are early signs of a positive impact on numbers following restrictions imposed by this government on non-EEA workers and students.

The government will soon be announcing further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration or UK naturalisation and citizenship. It will also be completing its changes to eliminate abuse of the student visa route and is currently reviewing the annual limit on skilled economic migrants.

In his speech the Minister expressed his intention that the long-term transformation of British immigration policy will introduce greater selectivity.

He added that the ‘points based system’ of the past should ultimately be replaced by a ‘contribution-based system’ where migrants are checked to ensure they will add to quality of life in the UK.

This is already starting with the development of more selective routes for entrepreneurs, investors and those with exceptional talent alongside existing routes for entertainers, trainees and researchers.

The Minister confirmed the introduction of a new route for international graduate entrepreneurs – international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to develop their business ideas.

The government will also improve the system for some short-term business visitors and entertainers to ensure world-class performers are encouraged to come to the UK. Source: UK Border Agency.

In an earlier interview with BBC Radio Kent Mr Green said he wanted ‘to be much more intelligently selective about who we let come here”.

He added:

‘Anyone individual seeking permanent settlement should be able to command a salary of between £31,000 and £49,000.’

Mr Green also told the BBC that he was proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level from MAC (Migration Advisory Committee) was between £18,600 and £25,700.

The news will come as a bitter blow to the thousands of skilled workers on Work Permits and Tier 2 Working Visas who were expecting to one day qualify for indefinite leave to remain (ILR), although the Minister has not announced any transitional arrangements for those already here.

If applied to existing migrants, the minimum threshold would affect nurses, senior carers, chefs, care managers and many other occupations where the basic pay rate is less than £31,000.

See also:

How will the new ‘minimum salary for residency’ proposals affect you?

Britain will limit settlement to ‘brightest and best’ migrants under new plans

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 www.immigrationmatters.co.uk

She said she had not meant to generalise when she wrote: ”White people love playing ‘divide & rule’”.

It was a response to criticism of media use of “black community leaders” after the Stephen Lawrence murder trial.

Labour’s Chuka Umunna said party leader Ed Miliband had told Ms Abbott her remarks were “unacceptable”.

In a statement, Ms Abbott said: “I apologise for any offence caused.

“I understand people have interpreted my comments as making generalisations about white people. I do not believe in doing that.”

‘Out of context’

Ms Abbott, the first black woman to be elected as an MP, had earlier tweeted that her remark had been “taken out of context”.

Shadow Business Secretary Mr Umunna told the BBC: “Ed Miliband has spoken to her this morning and made it very clear in no uncertain terms that the contents of the tweet were unacceptable.

“If Diane believed the words as they were expressed and she had not apologised then Ed Miliband would obviously have taken the requisite action.

“For us as politicians, Twitter is a very useful tool to communicate with people, but it has its perils.”

The original remark from Ms Abbott was a reaction to a conversation on Twitter about media coverage in the wake of the Stephen Lawrence murder trial.

It was a response to journalist Bim Adewunmi, who complained about the use of the terms “the black community” and “black community leaders” in the media.

‘Freedom of speech’

Hackney North and Stoke Newington MP Ms Abbott, who stood for Labour leader in the 2010 contest, remarked: “White people love playing ‘divide & rule’. We should not play their game” followed by “#tacticasoldascolonialism” – a way Twitter users flag up keywords and topics.

She added: “Ethnic communities that show more public solidarity & unity than black people do much better.”

The comments sparked much criticism from other Twitter users and she updated her page later to say: “Tweet taken out of context. Refers to nature of 19th Century European colonialism. Bit much to get into 140 characters.” The original remark was later removed.

In a statement, the Labour Party said: “We disagree with Diane’s tweet.

“It is wrong to make sweeping generalisations about any race, creed, or culture.

“The Labour Party has always campaigned against such behaviour – and so has Diane Abbott.”

‘Great history’

Deputy Prime Minister Nick Clegg said Ms Abbott’s comments on twitter were a “stupid and crass generalisation” and that she should apologise and explain her remarks.

Conservative MP Nadhim Zahawi told BBC Radio 5 live: “This is racism.

“If this was a white member of Parliament saying that all black people want to do bad things to us he would have resigned within the hour or be sacked.

“For a shadow minister to hold these sort of views is intolerable, it is wrong, she needs to go.”

Another Conservative MP, Rehman Chishti, told BBC Radio 4’s World at One the comments were “completely unacceptable” and amounted to “a racist comment”.

“If there was a strong leader in the Labour Party he would have taken further action against that.”

However another Conservative MP, Robert Halfon wrote on Twitter: “The Right should know better than to get all PC re @HackneyAbbott – disagree strongly, but let voters decide. Freedom of speech & all that.”

But she was supported by the senior Labour MP Keith Vaz, who told the BBC she was doing an “excellent job” as shadow public health minister and had a “great history of supporting the anti-racism struggle”.

“She’s done the right thing in withdrawing her statement and apologising for the offence that’s been caused.” Source: BBC.

See also:

Student wins article 8 human rights appeal after claiming he played cricket with friends

Senior Carers Workers win stage in appeal for right to settle in UK

Mandatory English tests for immigrant spouses are fair, High Court rules

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

A turbulent 2011 saw far reaching changes to UK Immigration Rules and a decline in the numbers of non-EU migrants and students

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 www.immigrationmatters.co.uk

Thousands of foreign students could win the right to settle in Britain once their courses have finished, following a landmark appeal ruling by judges, The Telegraph claims.

In what is being seen by lawyers as a test case, a trainee accountant from Bangladesh who came to Britain to study has been granted permission to remain in the country after successfully claiming that he had made friends and played cricket on Sundays.

While the Home Office turned down Abdullah Munawar’s initial bid to stay on in the UK after graduating, the courts overturned the decision on appeal and ruled that he could continue to enjoy a “private life” in this country under Article 8 of the European Convention of Human Rights.

Last night Damian Green, the Immigration Minister, said he was “disappointed” with the ruling.

Critics accused the courts of “gold-plating” human rights legislation and undermining the Government’s attempts to control Britain’s borders.

They warned that whilst Mr Munawar, 23, had proved diligent and hard-working since coming to Britain in 2008, his legal victory could open the way for thousands of less-deserving applicants – because almost every foreign student who had completed a degree course will have made a circle of friends and taken part in social activities.

The test case comes at a time when the Coalition is attempting to cut net immigration and limit students’ rights to settle at the end of their education.

Normally, foreign students are granted a visa of up to three years and are expected to leave the country at the end of the period.

In the 12 months to June, 271,000 student visas were issued. Students are not included in the Coalition’s pledge to reduce net migration to tens of thousands a year.

Mr Munawar, who lives in Limehouse, east London, told the Upper Tribunal of the Immigration and Asylum Chamber he should be granted a new visa because he had partially completed his training and had established a social life in Britain.

Judge Susan V Pitt said that Mr Munawar had shown he played cricket at weekends, attends mosque regularly and has “formed friendships with fellow students and work colleagues”.

The judge ruled the Home Office’s refusal of a visa “amounted to a disproportionate interference with private life that deserved respect”.

She did not find that he had established the stronger category of “family life” with his aunt and cousins who also live in London, but ruled that “private life” was enough to win his appeal.

Mr Munawar’s legal adviser Tamij Uddin said he believed the appeal, brought under the Human Rights Act, was a significant test case.

“There is a strong possibility that we will be able to refer back to this case in the future,” said Mr Uddin.

“Although this court’s decision is not binding on other judges there is a possibility to argue the significant points from this case in other appeals. In other words it is a test case.

“This was an impressive result and we were very pleased.”

He added: “The judge took into account my client’s impressive educational background and combined with his sporting pastimes, his friendships and the fact that he is a practising Muslim, she agreed to rule in his favour.”

However, the grounds on which Mr Munawar persuaded the court that he should be allowed a visa under Article 8 grounds were described as “absurd” by politicians and campaigners.

Mr Green said: “We are disappointed with this ruling. It shows how Article 8 is being used to place the private life of those without a right to remain in the UK above the rights of the British public, who want to see our immigration rules enforced.

“It is unacceptable that the Human Rights Act is being used to prevent the removal of people with no right to be in this country and we are changing immigration rules to stop them being abused.”

Lord Tebbit, the former Tory Cabinet minister who in 1990 proposed that a “cricket test” could help identify whether immigrants had integrated into British life, said: “The grounds on which he has won are absurd.

“This may be an outstanding young man who in many ways deserves to be here, but unfortunately the decision will have created case law which can be exploited by people infinitely less deserving than him. Either parliament decides these things or judges do, and it appears to me that judges are making up the law as they go along.”

A leading immigration solicitor expressed surprise at the terms of Mr Munawar’s victory.

Sean Mcloughlin, of TRP Solicitors, said: “If he has won purely on his private life – his links to the community and his hobbies – it is quite surprising to me that someone with such links would succeed in a case like this.

“It’s unusual to win on ‘private life’ at all. The Home Office will not be happy losing a case on private life in these circumstances.”

The Home Office refused Mr Munawar’s original application because he did not have enough money in his bank account to reach the requirements of the points-based system used to determine visa applications.

The legal implications of Mr Munawar’s case build on a previous decision in the Supreme Court in 2010 which ruled part of the points-based system unlawful.

Crucially, Mr Munawar’s victory hinged on the use of Article 8 and means it is more likely that other applicants will use the same approach in the future.

Mr Munawar said: “It was a big relief to win my case because it had been going on for two years.

“At first I was going to return to Bangladesh because it is easier to get into the big accountancy firms there.

“But I have begun studies at my mosque which are very important to me and access to religious education is much better in Britain than at home.”

Mr Munawar, a fast bowler for Southgate Cricket Club, said his playing of the sport in Britain helped to demonstrate to the court that he was committed to life in this country.

“Cricket is our national sport in Bangladesh. I’ve been playing since I was 10 or 11,” he said.

“I haven’t really been following English cricket but now that I live in England I hope to get more familiar with it.”

Mr Munawar has now applied for a work permit and intends to seek a job with a medium-sized accountancy firm. He is also hoping to wed in an arranged marriage after his imam suggested a potential suitor last month, he said.

His brothers and sister have studied subjects such as pharmacy and computer science at university, and his aunt is a hospital doctor in London. Source: The Telegraph.

Last year Ranzo Avila, an illegal immigrant who had previously been was given a police caution for shoplifting, was the subject of a ministerial bust up between the Home Secretary and Ken Clarke after being allowed to stay in the UK partly because he owned a cat.

Avila overstayed his student visa but was allowed to stay in Britain after an immigration judge ruled in his favour in 2008. He concluded that the Bolivian’s right to family life would be breached because he was in an established relationship — reinforced by the fact that the couple had bought a cat.

In another case a bogus international student, Abbas Khaliq, who lied that he could speak English and admitted buying a fake language proficiency certificate was given leave to stay in Britain by immigration appeal judges.

Despite being ‘untruthful’ and ‘not a credible witness’, and failing to mention that his brother was an illegal immigrant here, the reluctant judges said Khaliq had broken no rules and could stay in the UK. 

In a further high profile case last year, former X Factor contestant Gamu Nhengu and her family won their immigration appeal and right to remain in the UK after a public campaign with the backing of Simon Cowell despite breaking immigration rules.

Senior Carers Workers win stage in appeal for right to settle in UK

Mandatory English tests for immigrant spouses are fair, High Court rules

Student allowed by Immigration Judge to remain in UK despite buying a fake English certificate

‘Pet cat Human Rights Appeal’ overstaying student was a shoplifter

A turbulent 2011 saw far reaching changes to UK Immigration Rules and a decline in the numbers of non-EU migrants and students

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 www.immigrationmatters.co.uk

Looking for a college or University or need advice?

UKUS is a free University and College Admissions and advice service based in London, UK. Students interested in studying abroad can complete the Online UKUS Registration Form for more details.

Thuy Nguyen, a 41-year-old Vietnamese national, was arrested at her home in Bow, east London, in February 2011 as part of an operation involving law enforcement agencies in 5 different countries.

Nguyen was a member of a criminal network which would smuggle immigrants from Vietnam to Europe via Moscow or Paris, charging them up to £12,000 each.

The network had cells in France, Germany, Hungary and the Czech Republic, and Europol carried out simultaneous operation in these countries alongside the UK Border Agency’s arrest of Nguyen.

Andy Cummins, head of the UK Border Agency’s South East region immigration crime team, said:

‘Nguyen exploited vulnerable immigrants to profit a major international organised criminal network. This was a major pan-European investigation involving law enforcement agencies in five European countries.

‘Working with the police and other law enforcement partners at home and abroad we are determined to tackle the organised criminals who prey on vulnerable immigrants, and take action against those who break the law.’

Nguyen originally came to the attention of the UK authorities after her car was pulled over by traffic police at Clackett Lane Service Station on the M25 in November 2010.

Her 2 passengers that day were both Vietnamese illegal immigrants. Officers also found £11,000 cash in a plastic bag. She was arrested and later bailed, but further enquiries linked her to an organised crime group being investigated by French police.

This led to the our operation. As Nguyen was re-arrested by officers from our criminal and financial investigation team in London, European law enforcement agencies carried out co-ordinated raids in Paris, Prague, Berlin, Munich and Budapest. In total there were more than 30 arrests.

Nguyen was charged with conspiring to facilitate illegal immigration, and stood trial at Maidstone Crown Court. She was found guilty and sentenced on 17 November.

A Proceeds of Crime investigation has now been launched to seize profits made by Nguyen as a result of the scam. Source: UK Border Agency.

See also:

Sham marriage fixers jailed

Church of England Vicar facing jail for 31 sham marriages for illegal brides and grooms

Mandatory English tests for immigrant spouses are fair, High Court rules

Senior Carers Workers win stage in appeal for right to settle in UK

Immigration News Weekly Round up 18 December 2011

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 www.immigrationmatters.co.uk

Applicants in the UK will not be able to submit applications, book appointments, pay for their applications online, or use the ‘application form finder’ tool.

‘Apply online’ in the UK is the only service that will be affected. Applicants outside the UK will still be able to apply online using our Visa4UK service.

The UKBA apologises for any inconvenience this may cause migrant applicants. Source: UK Border Agency. 

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 www.immigrationmatters.co.uk

There is a clear difference between how the UK Border Agency and the Courts interpret the Human Rights Act and the rights of criminals to remain in the UK using “right to family life” as an excuse, the independent inspector of the UK Border Agency said in a report earlier this week. 

The agency needs to address this effectively with a more proactive approach, the report added.

John Vine has reported that over 5,000 convicted foreign criminals who should have been deported remain in the UK. The Agency must do better to manage the cases of 5,735 foreign prisoners who have completed their sentences but either remain in detention or in the community prior to deportation.

According to the report there are 3,775 former foreign prisoners who have been released from custody as there was little or no prospect for them being deported. More than 1,600 foreign national prisoners remained in detention under immigration powers, having completed their sentence.

The former Strathclyde Chief Constable also pointed out that the vast majority of appeals won against deportation orders were on “human rights” grounds. The Agency would have to reduce the number of decisions overturned by the courts on human rights grounds. He suggests the agency should increase its individual casework and prioritise them in a way that situations do not arise for them to be able to use the Human Rights Act to their advantage.

“A significant number of appeals continue to be allowed against decisions to deport, in most cases because deportation would breach the UK’s obligation to the individual under the Human Rights Act,” Mr. Vine said. “The agency must work to reduce the number of decisions overturned on appeal and take full account of the court’s decisions in deciding whether deportation action is appropriate or whether it would breach a person’s rights under article 8.”

“More must be done to actively manage these cases – they represent a growing cost to the taxpayer and cannot be ignored,” he added.

The Immigration Minister Damian Green said this government is doing more to quickly deport foreign criminals and also holding more people in custody beyond their sentence period to tackle the issue.

 ”For too long Article 8 has been used to place the family rights of foreign criminals above the rights of the British public, which is why we will change the immigration rules to ensure a better balance,” he said. “

The figures from the report also showed that between 2007 and 2010, 20,360 foreign national prisoners were deported from the UK – 5,235 last year alone. Source: egov Monitor.

Immigration judges would no doubt argue that they are upholding the laws and Immigration Rules when allowing an appeal on Human Rights or any other grounds, regardless of whether or not the person is a convicted rapist or drug dealer.

Earlier this month a bogus international student who lied that he could speak English and admitted buying a fake language proficiency certificate was allowed to stay in Britain by immigration appeal judges.

See also:

UK population forecasters predict ’70 million by 2027′ much of it due to immigration

Points Based System appeals ‘new evidence’ Upper Tribunal ruling

Tier 4 blacklisted financial institutions published by UK Border Agency as the heat is turned up on fraudulent student visa applications

UK rioters came from 44 countries and 1 in 7 jailed after summer of violence was a foreign national

Children’s Society say immigrant Child detention is ‘excessive’

EU free movement rules put ‘patients at risk’ Lords say

Shortage occupations list for Tier 2 gets shorter

Britain opts out of EU asylum directive

Convicted drug dealer avoids deportation twice

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 www.immigrationmatters.co.uk

In what will be seen as a personal victory for Home Secretary Theresa May, an immigration tribunal found Salah was guilty of ‘fostering hatred’.

His presence in the country could lead to ‘inter-community violence’, the tribunal found.

Salah, a self-styled Palestinian ‘sheikh’, was banned from entering Britain in June this year.

But just days later, he waltzed through immigration controls at Heathrow.

After three days in which he was free to speak to supporters across the country, he was finally arrested and put in immigration detention.

But he was released on bail while wearing an electronic tag.

He was accused in Parliament of ‘virulent anti-Semitism’ and in the past has claimed the Israeli government was responsible for the 9/11 attacks.

Mrs May said his presence here was not ‘conducive to the public good’ because of his extremist statements.

In its ruling, the tribunal made clear removing him was in the public interest and said he had engaged in ‘unacceptable behaviour’.

They said: ‘We are satisfied that the appellant’s words and actions tend to be inflammatory, divisive, insulting, and likely to foment tension and radicalism.’

Salah has several days to appeal to the High Court and then another 72 hours before he can be deported, so the earliest he could be on a plane is next Friday.

A Home Office spokesman said: ‘We will seek to deport him at the earliest opportunity.’ Source: Daily Mail.

See also:

UK population forecasters predict ’70 million by 2027′ much of it due to immigration

Points Based System appeals ‘new evidence’ Upper Tribunal ruling

Tier 4 blacklisted financial institutions published by UK Border Agency as the heat is turned up on fraudulent student visa applications

UK rioters came from 44 countries and 1 in 7 jailed after summer of violence was a foreign national

Children’s Society say immigrant Child detention is ‘excessive’

EU free movement rules put ‘patients at risk’ Lords say

Shortage occupations list for Tier 2 gets shorter

Britain opts out of EU asylum directive

Convicted drug dealer avoids deportation twice

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 www.immigrationmatters.co.uk

This week the UKBA has announced the creation of a new initial list containing hundreds international banks and financial institutions which will be used when considering points under a Tier 4 student visa application. 

The bank blacklist will be used when verifying maintenance funds under Tier 4 of the points-based system. A student visa applicant will receive no points for maintenance if they submit documents showing that the funds are held in a financial institution on the list – and could also face a ban from the UK.

The list includes banned banks from India, Pakistan and the Philippines.

The list forms part of the reforms to the Tier 4 student visa immigration route, which say the UKBA will ensure that they can verify that student visa applicants hold the required maintenance funds to support themselves and pay for their course in the UK.

Thousands of international students have arrived in the UK with little or no money, despite presenting ‘proof’ of funds to entry clearance officers at their local British Embassy.

Many have failed to pay fees on arrival or keep up with monthly payment plans. Some colleges are having to resort to legal action through the county courts to recover debts owed by non-paying students.

Students end up on credit blacklists with County Court Judgements (CCJ) registered against them, which means they will find it extremely difficult to obtain credit, open a bank account or rent a property.

The consequences of court actions, criminal offences or civil action, can be even more serious for migrant workers under Tier 2 or Tier 4 students.

County Court Judgements, or civil actions, must now be declared on new style immigration forms for further leave to remain or visa extensions and may affect your chances of renewing your Tier 4 student visa. A CCJ or Credit Default (e.g. not keeping up with payments on a credit card, loan or mobile phone agreement) will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

The UKBA will give a 30-day notice period from the date when a financial institution is first listed before the new rule takes effect. This will enable applicants to make the necessary financial arrangements, so that they can provide financial documentation which meets the new requirements.

The list will be kept under review, and we will make additions or deletions as appropriate.

The UKBA said it will continue to verify financial information from financial institutions not on the list, on a case-by-case basis, and may refuse applications on the basis of these individual checks.

The following criteria provide an example of the minimum standard for banks in order for us to satisfactorily verify documentation:

• international banks; or
• national banks with a UK private banking presence; or
• regulated national/state banks that provide a core banking service.

The UKBA adds that ‘points may still be awarded if banks do not meet these criteria, where they have a history of providing satisfactory verification checks’. However, as many have found to their cost, once an entry clearance officer (ECO) or UKBA case worker discovers that a fraudulent bank statement has been submitted as part of a Tier 4 student visa application or student visa extension they are highly likely to slap a 10 year ban on the student.

The list of ’FINANCIAL INSTITUTIONS THAT DO NOT SATISFACTORILY VERIFY FINANCIAL STATEMENTS – PHILIPPINES’ runs to 36 pages.

The major Philippine banks which will be still be accepted by the UKBA are: 

The list of Indian banks runs to 49 pages and includes:

You can find the full list at:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/financial-institutions/

Earlier this month a pilot scheme to help UK banks and credit providers identify fraudulent applications by immigration offenders was launched by the Audit Commission.

The Commission and the UK Border Agency will share ‘real time’ information with financial institutions. Each year the UK Border Agency processes around 3.5 million applications to visit, live, work or study in the UK.

The aim is to prevent those with no right to stay or work in the UK from accessing financial services. In return, financial institutions will provide the Agency with information on where illegal working and employment is taking place, supporting the Agency’s work in tackling immigration crime.

Revised Tier 4 General application form (07/11) now asks for a lot more detailed information covering criminal and civil offences, good character, benefit claims and includes the following statements:

‘I understand that if the UK Border Agency has reasonable cause to believe that any document or documents I have submitted with this application are forged, fraudulent or not genuine, and the UK Border Agency has sought to verify the documents using processes specified by it but has not been able to verify them, no points will be awarded for these documents even if the UK Border Agency cannot prove that they are not genuine.

‘I understand that my details may in certain circumstances be passed to fraud prevention agencies to prevent fraud and money laundering. I also understand that such agencies may provide the UK Border Agency with information about me.

‘The UK Border Agency may request information from other law enforcement agencies, Government departments or Agencies, local authorities, the Police, foreign governments and other bodies for immigration or research purposes to enable them to perform their functions.’

Section E.1 of the form asks:

‘Has the student had any criminal convictions in the United Kingdom or any other country (including traffic offences) or any civil judgments made against them (i)?’

In signing the declaration the student agrees to the following:

‘I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002, to make, to a person acting in execution of any of these Acts, a statement or representation which I know to be false or do not believe to be true, or to obtain or seek to obtain leave to remain in the United Kingdom by means which include deception.

‘I understand that information I provide to the UK Border Agency will be treated in confidence but it may be disclosed to other law enforcement agencies, government departments, agencies, local authorities, foreign governments and other bodies for immigration or research purposes, for purposes as stated in The Biometric Registration Regulations, or to enable them to perform their functions.’

The student agrees to post issue enquiries and information discovered being used in court. There is also a short line which warns that ‘providing information or documentation that is not correct will normally result in my application being refused and may lead to my prosecution for a criminal offence’.

It should also be remembered that work permits, visas and even ‘indefinite’ leave to remain (ILR) can be cancelled by the Home Office for various offences. The Home Office has or the Home Secretary has the power to revoke British Citizenship under the 2006 Immigration, Asylum and Nationality Act.

Most in-country refusals carry the right of a full appeal before an immigration judge at a tribunal, unlike out of country student visa refusals which are reconsidered under an administrative review.

The student visa crackdown has no effect on Bulgarian and Romanian students who want to work full time in the UK by taking NVQ vocational courses.

Although Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK they can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

Bulgarian and Romanian citizens do not enjoy full free movement rights to work in the UK, but can obtain Yellow Card permits to work full time as part of a vocational study programme such as NVQ or QCF courses in Health and Social Care.

See also:

Health care workers needed in UK now

Immigration Rules for Bulgarian and Romanian nationals

What is ‘Comprehensive Sickness Insurance’ and why do Bulgarian and Romanian student yellow card applicants need it to work in the UK?

Crackdown on immigration fraud – banks and UKBA to share information on debtors

Post Study Work Visa to be abolished April 2012 as part of student visa clampdown

Home Office can revoke British Citizenship as well as deny it for civil offences

If you need any immigration advice or are worried about the new immigration rules or need 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 www.immigrationmatters.co.uk

Majestic College offer special packages and free advice for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.

Majestic College also has access to funding for Apprenticeships.

For more information call Joanna on 0208 207 1020 or email info@majesticcollege.org