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.

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

Even though Abbas Khaliq was ‘untruthful’ and ‘not a credible witness’, and had failed to mention that his brother was an illegal immigrant here, the reluctant judges said he had broken no rules.

So despite being caught red-handed on arrival from Pakistan at Gatwick airport, he is welcome to stay here.

It emerged during the case that since a British college had given Khaliq the go-ahead to study in the UK, and there was no physical evidence he had lied while obtaining his student visa in Pakistan, the immigration officer who caught him out at Gatwick had no powers to ban him from entry.

Embarrassingly, while the immigration judges said they had ‘no enthusiasm’ for allowing the bogus student to stay, they claimed they had no choice – because of the rules set by the very body established to keep illegal immigrants out, the UK Border agency.

The judges said in their ruling: ‘The UK Border Agency’s decision to allow colleges to assess whether students should be admitted, and to remove from immigration Officers the power to reach any view independent of the colleges – most of which have a clear financial motive to admit as many students as possible – forces us to the conclusion we have reached.’

Khaliq had flown into Britain last year to start a Higher National Diploma course in Business Management at the Leeds Professional College – the organisation which had who had sponsored his successful visa application.

But immigration officials at Gatwick soon discovered he spoke no English, despite finding a forged certificate in his bag from the Anglophile English Learning Centre in Karachi giving him an A grade.

Brazen Khaliq admitted buying the certificate – and that he knew nothing about the course he was due to take in England, and had paid someone else to choose it for him.

Further enquiries swiftly revealed that his brother was an overstayer in the UK, a clearly relevant fact which he had failed to mention.

The Leeds Professional College said they provided intensive English language training – but they would have a problem educating someone such as Khaliq who had virtually no English.

Despite being caught red-handed, Khaliq appealed against the immigration officer’s ban, and had the right to stay in the country whilst his appeal was being heard.

An immigration appeal tribunal agreed with the alert immigration officer, and upheld the ban in January 2010.

But Khaliq was entitled to another appeal, to the upper immigration tribunal – and in July and finally finished the appeal process 18 months on, by winning the right to stay in spite of his lies.

Astonishingly, at his first appeal Khaliq attempted to maintain the fiction that he was proficient in English, telling the tribunal he would need an interpreter provided a public expense purely ‘for technical reasons’.

But Immigration Judge Agnew soon discovered he could not understand her at all.

She dismissed the appeal, noting: ‘I find that the appellant is not a credible witness and that nothing that he says can be relied upon.’

Judge Agnew said it was demonstrated that ‘Leeds Professional College had not made any adequate investigation’ before offering Khaliq a place.

And Judge Agnew ruled that although the visa was obtained outside the UK, in his native Pakistan, the application for leave to enter was also a decision for Immigration to make at the airport – and because he had lied in interviews there his visa became invalid.

But Khaliq appealed to the upper tribunal on the grounds that his visa obtained before he arrived in the UK was valid, and the Immigration Officer had no evidence that he lied to get it, so had to honour it despite what was said at the airport.

The judges at the upper tribunal reluctantly agreed and gave him the right to stay in Britain.

But they added: ‘We reach that conclusion with no enthusiasm.

‘The appellant has been judicially assessed as untruthful. He has been prepared to deceive others as to the level of his competence in English.

‘He has arrived to undertake a course that his ‘Highly Trusted Sponsor’ college admitted him for, but says that it would have difficulty in delivering to him.’

The UK Border Agency’s own rules meant Khaliq had to be admitted the judges went on, adding that this ‘demonstrates that the Immigration Rules, as in force at the relevant time, provide little security against the admission of what may be described as bogus students.

‘Changes have since been made, but they do not affect this appeal.’ Source: Daily Mail.

See also:

Bogus ‘Glastonbury university’ website taken down following UKBA investigation 

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

University of Wales cease validating degrees at colleges and other institutions

UK Universities and Colleges report thousands of Tier 4 students to UK Border Agency over visa suspicions

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

Court overturns UK Government’s non-EU under 21 spouses ban

‘Health tourists’ debtors will face UK ban

Report illegal immigrants Prime Minister urges in new immigration crackdown

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

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

Foreign debtors to be banned from re-entering UK

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

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

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.

Ranzo Avila, who was at the centre of a row among senior Tories, 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.

Immigration court records showed that he first came to the attention of officials after being arrested for shoplifting but not charged. But it emerged that Mr Avila admitted shoplifting from Debenhams in Oxford Street, London, in 2007 and received a police caution. It is understood that he took four items of clothing into a changing room and then tried to conceal them.

However, such an offence does not cross the threshold for when a foreign national would face deportation, which is someone who has been sentenced to at least a year in prison.

Mr Avila has not spoken since his case was thrust into the limelight in a row at the Conservative Party Conference over the use of human rights laws.

Kenneth Clarke, the Justice Secretary, ridiculed a claim by Theresa May, the Home Secretary, that a Bolivian had been allowed to remain in Britain because of his cat.

The Daily Telegraph told yesterday how the cat did play a role in the case after the judge in the 2008 appeal suggested that separating him from the pet could cause “mental distress”. The man, now 36, had argued his right to a family life under Article 8 of the European Convention on Human Rights because he had been with his boyfriend for four years.

Judge James Devittie said their joint ownership of a pet named Maya reinforced the quality of their family life and suggested that separating them could cause the man emotional trauma.

Following an appeal by the Home Office, a second judge ruled that the main reason that the Bolivian could stay was because of a technical error by officials.

Mr Avila is still with his partner and is eligible to apply for indefinite leave to remain in Britain when his current leave comes up for renewal next year. If granted it paves the way for him to apply for British citizenship.

The Tory row deepened on Thursday after Mr Clarke was forced to express “regret” for describing Mrs May’s use of the cat case as “laughable and childlike”.

The so called Human Rights ‘cat’ saga has made a laughing stock out of the UK immigration system and caused a cabinet rift which could see the end of Justice Secretary Ken Clarke’s senior level career, as fellow Ministers are not supposed to openly disagree with the party line or citicise each other in public.

In a separate case, a convicted thief who lied about his nationality is to sue the Home Office for damages after a court ruled that he had been unlawfully detained awaiting deportation.

Mounir Raki won a High Court ruling that the length of his detention pending his removal — four years and seven months — was “self evidently unreasonable”.

Later, his solicitors said Mr Raki, instead of being released, had been “cynically” arrested and held on a charge relating to an alleged forged birth certificate.

He originally served six months in prison after being convicted on two counts of theft. He was then detained pending his removal to Morocco.

On his arrest in July 2006, Raki, who is in his thirties, unsuccessfully claimed asylum on the basis that he was Moroccan and in danger of persecution if sent back to his home country.

Although he subsequently told a probation officer that he had in fact grown up in the Palestinian territories, language analysis suggested he did not speak Arabic as a Palestinian would and the Home Office asserted it was “beyond reasonable doubt” he was Moroccan. Source: The Telegraph.

See also:

UK Home Office to close off route to citizenship

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

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

New format for UKBA Tier 4 sponsors guidance

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

Students in the UK on temporary Tier 4 visas are not ‘migrants’

Immigration Rules for Bulgarian and Romanian nationals

Free Movement of EU nationals explained

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

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.

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.

Identifying immigration offenders in the UK will protect banks from fraudulent applications, for example stopping mortgages being granted to people with no right to work in the UK and therefore no means to repay loans. It will also make it more difficult for organised foreign criminal gangs to defraud banks by making bogus credit applications.

The new data matching service will sit alongside the established data matching work. But the new instant matching facility will help participants to target fraud more effectively. Data from around 1,300 organisations – including councils, the police, hospitals and nearly 100 private companies – is held in the Audit Commission’s National Fraud Intelligence database.

UK banks are much more willing to offer credit cards and loans to foreign nationals than their counterparts in other countries. Access to easy credit means that even those on temporary visas, such as Tier 4 students, can obtain a credit card within months of opening a bank account.

Migrants who get into financial difficulty with debts are often unaware that this could affect their future immigration status.

Most people know that criminal convictions, involvement with terrorist organisations or illegally claiming benefits could lead to a refusal by the UKBA. 

A CCJ stays on your credit history for six years or more and will have to be declared on immigration forms However, many do not realise that even a non-criminal less serious civil judgement (e.g. CCJ) may also affect your application to stay in the country. 

For instance, the FLR (M) Form (Version 04/2011) includes the following question: 

Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you? 

A civil judgement could be a county court judgement (CCJ) for an unpaid bill or debt. 

Hundreds of international students are currently being sued by their former colleges or universities for unpaid fees according to debt collection agencies.

Others have run up credit card debts or leave behind unpaid utility bills or rent arrears.

Moving house and burying your head in the sand will not get you off the hook. 

A civil action for debts can be heard and judgement (CCJ) awarded in your absence, so ignoring the problem will only make things worse for you as court costs are added to the debt. Interest may also be added to the debt. 

A ‘Default’ for an unpaid credit card bill can be registered without even going to court. 

A CCJ or Default will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

Some universities and colleges will chase debtors even when they flee to their own country.

The UK is truly a land of ‘easy credit’ compared to the rest of the world, but for those on visas who abuse the system the consequences can be serious.

See also:

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

Foreign debtors to be banned from re-entering UK

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

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

JCWI reports – Facts of the case

Husenatu Bah, is a Sierra Leonean national who was granted indefinite leave to remain in the UK in 2005 following an application for asylum in 2000. Her young son was granted leave to enter and remain in the UK on the basis that there was to be no recourse to public funds.

Ms Bah was placed in a position where she was threatened with homelessness and as such, she made an application for homelessness assistance under the Housing Act 1996 to the London Borough of Southwark. In order to secure assistance, she was was required to show that she was homeless/threatened with homelessness, that she had a priority need, and that she did not make herself ‘intentionally homeless.’

Ordinarily applicants with minor children are treated as having a ‘priority need’ for the purposes of homelessness applications under s. 189 of the Housing Act 1996. However, because Ms Bah’s son had only been granted leave to remain in the UK on the basis that he would have no recourse to public funds, the local authority found that he could not be taken into consideration for the purposes of her application under the terms of section 185(4) of the Housing Act 1996. The decision was upheld by the local authority upon review.

Arguments on behalf of the appellant

You may recall the case of West Minster City Council v Morris [2005] EWCA Civ 1184. This was the case in which the Court of Appeal made a declaration of incompatibility with of section 185 (4) of the Housing Act 1996 with Articles 14 and 8 ECHR.Section 185(4)  The was declared incompatible to the extent that it required dependent children of British citizens who were habitually resident in the UK to be disregarded when it came to determining who had a ‘priority need’ for a homelessness assistance (eventually after dragging its feet the former Labour Government amended the Housing Act 1996 through Schedule 15 to the Housing and Regeneration Act 2008. The legislation amended the position for British citizens only, and not for those with indefinite leave to remain in the UK- this case deals with the law prior to these changes.

Accordingly in the light of the above, the appellants argued that the above provisions breached Article 8 ECHR (right to respect for home and private and family life) in conjunction with Article 14 (enjoyment of rights without discrimination) ECHR. The appellants asserted that discrimination was on grounds of nationality, and that it could not be justified in respect of priority need for accommodation, when no such distinction was made for the allocation of social housing more generally. It was also argued that the position was illogical as EEA nationals were treated as having a greater connection than those with ILR for the purposes of priority need for housing as a homeless person.

The Court’s assessment

 The Court starts of by noting that its judgment applies only to the scheme that existed at the relevant time, and not  the new legislative scheme enacted following the Morris case (all be this continues to treat those with ILR differently but amends the position for those with British citizenship.)

It finds that the facts of the case fall within the ambit of Article 8 ECHR. Following Stec, it then goes on to consider whether the scheme is compliant with Article 14 ECHR and the requirement not to discriminate on specified grounds.

The Court does not dwell on the issue of the relevant comparator  in its consideration of Article 14 ECHR as it dismisses the  appeal on other grounds. It simply note that the comparator cannot be a British citizen given that the same regime was originally applicable at the time of the decision. It suggests that someone with ILR who has a child who does not have conditional status or is not subject to immigration control might be an appropriate comparator.

It takes the view that in this case, the basis for the discrimination was immigration status rather than nationality – it was the conditional legal status which was granted on the express condition that he would not have recourse to public funds, and not the fact that he was Sierra Leonean that resulted in differential treatment in the view of the Court. Contrary however to the Government’s submissions, it states that immigration status can amount to a ground for distinction for the purposes of Article 14 ECHR. However in such cases the State has a large margin of appreciation. The Court articulates the position in the following terms at para 147:

 ”As observed above at paragraph 45, immigration status is not an inherent or immutable personal characteristic such as sex or race, but is subject to an element of choice. In the applicant’s case, while she entered the United Kingdom as an asylum seeker, she was not granted refugee status. She cannot therefore be described as a person who was present in a Contracting State because, as a refugee, she could not return to her country of origin. Furthermore, she subsequently chose to have her son join her in the United Kingdom. Given the element of choice involved in immigration status, therefore, while differential treatment based on this ground must still be objectively and reasonably justifiable, the justification required will not be as weighty as in the case of a distinction based, for example, on nationality. Furthermore, given that the subject matter of this case – the provision of housing to those in need – is predominantly socio-economic in nature, the margin of appreciation accorded to the Government will be relatively wide (see Stec and Others, cited above, § 52).”

The Court (Chamber) then goes on to find that it is justifiable to differentiate between those rely upon someone with conditional status which is subject to a no recourse to public funds requirement or someone with no leave, and those who do not  for the purpose of  the priority need requirement under the Housing Act. It asserts that the aim of allocating scarce resources fairly between different categories is a legitimate aim, and that the means was proportionate to the aim.

In relation to proportionality it refers to the circumstances of the applicant who moved into private sector accommodation outside the borough, and was subsequently offered council accommodation within the Borough. Accordingly it unanimously dismisses the Article 14/8 ECHR appeal. For a full comment  by a housing law lawyer see the piece on the Nearly Legal blog on the case. Source JCWI/Nearly Legal Blog.

See also:

HIGHLY TRUSTED PRIVATE COLLEGE STUDENTS DO NOT HAVE THE SAME RIGHT TO WORK AS GOVERNMENT SPONSORED INSTITUTIONS

UK Border Agency’s response on Zambrano judgement on carers of British Citizens

JCWI and ILPA update on Zambrano case

Students in the UK on temporary Tier 4 visas are not ‘migrants’

New Tier 4 sponsor guidance published for Highly Trusted Sponsorship – will your private college qualify?

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

Immigration Rules for Bulgarian and Romanian nationals 

Free Movement of EU nationals explained 

Meeting of the Migration Advisory Committee with representatives of Romanian professional associations in the UK

Bulgaria and Romania Schengen visa bid blocked by Netherlands and Finland

For free immigration news updates, please visit www.immigrationmatters.co.uk  or email: info@immigrationmatters.co.uk

Increasing numbers of British nationals are being stripped of their citizenship under Home Office powers introduced in the wake of the 2005 London bombings, the Guardian reports this week.

The number of people subject to the power, under which the Home Secretary can deprive dual nationals of their British citizenship if it is deemed to be in the public interest, has increased since the coalition government came to power.

The measure was included in the 2006 Immigration, Asylum and Nationality Act as a direct result of the July 2005 bombings in which 52 people died and more than 700 were injured. It was used only four times in the following four years, but has been used nine times since last year’s general election.

Five of the dual nationals deprived of their citizenship were British Pakistanis, while two were of dual British and Sudanese nationality. The remaining six were Australian, Iraqi, Russian, Egyptian and Lebanese dual nationals.

To date 10 of the orders have been appealed against.

The figures were obtained by the Guardian under the Freedom of Information Act after the Home Office refused to release them. It also refused to offer any explanation for the increase, saying: “British nationality is a privilege and the home secretary has the ability to remove it from dual nationals when she believes it to be in the public good.”

Under the terms of the act the home secretary can deprive an individual of British citizenship if she believes it to be “conducive to the public good”, a test historically applied to non-Britons facing deportation.

Previously home secretaries could act only if the British citizenship of a dual national was said to be “seriously prejudicial to the vital interests of the UK”, usually because individuals were spies. Immigration lawyers and some MPs have criticised the power, saying the public interest test is set too low. Some are also concerned that British citizenship can be stripped from individuals whose other nationality is meaningless to them.

At least one of those who have lost their British citizenship is understood to have been born in the UK, while others are thought to have lived in Britain since infancy.

The Australian who lost his British dual nationality is David Hicks, who spent more than five years as a prisoner at Guantánamo Bay after being detained in northern Afghanistan after the 9/11 attacks. The Russian is Anna Chapman, the spy deported with nine others from the US last year. She acquired British nationality through marriage before travelling to the US to join a network of sleeper agents.

The Home Office refused to explain the reasons for depriving the remaining 11 dual nationals of their British citizenship, maintaining it still has responsibilities to them under the Data Protection Act, although officials briefed journalists about Chapman’s case. Source: The Guardian.

Although rarly used, the UK Government can strip a citizen of their passport or Indefinite Leave to Remain.

There are also a number of factors which could damage your chances of obtaining further or indefinite leave to remain in the United Kingdom.

Migrants should be aware of the revised declarations and questions on immigration forms for further leave or extensions of stay.

Most people are aware that criminal convictions, involvement with terrorist organisations or illegally claiming benefits could lead to a refusal.

However, many are unaware that even a non-criminal less serious civil judgement may also affect your application to stay in the country. 

For instance, the FLR (M) Form (Version 04/2011) includes the following question: 

Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you? 

A civil judgement could be a county court judgement (CCJ) for an unpaid bill or debt. 

Hundreds of international students are currently being sued by their former colleges or universities for unpaid fees according to debt collection agencies.

Others have run up credit card debts or leave behind unpaid utility bills or rent arrears.

Moving house and burying your head in the sand will not get you off the hook. 

A civil action for debts can be heard and judgement (CCJ) awarded in your absence, so ignoring the problem will only make things worse for you as court costs are added to the debt. Interest may also be added to the debt. 

A ‘Default’ for an unpaid credit card bill can be registered without even going to court. 

A CCJ or Default will stay on your credit file and history for six years or more and will have to be declared on immigration forms.

Some universities and colleges will chase debtors even when they flee to their own country.

The UK is a land of easy credit compared to the rest of the world, but for those who abuse the system the consequences can be serious.

See also:

Comprehensive Sickness Insurance now required for Bulgarian and Romanian study work yellow cards

Fake Immigration Adviser jailed

Immigration advisor jailed for 6 years in fake visa scam

Visa scam warning

Sham wedding trio charged

How to avoid the pitfalls when employing migrant workers

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

As the Government’s Student Immigration System consultation period draws to a close on Monday, more education leaders are warning that universities cannot afford to lose the fees of non-EU overseas students, the Guardian reports this week.

Immigration helps Canada’s population grow as job prospects improve

Canada is the largest country in the Western Hemisphere and second only to Russia is size. China, Brazil and the US have a similar land mass, but all have much larger populations. Unlike many countries in the west, Canada has plenty of room to grow and needs lots of skilled workers to migrate to Canada.

Edinburgh Students Union oppose UKBA’s student cull

Figures released by UCAS on 20 January showed that the rise in student numbers in 2010 was entirely made up of foreign students.

Thirteen immigration offenders seized in Wales raid

Thirteen immigration offenders have been caught following a series of raids across Wales by immigration officers, the UK Border Agency (UKBA) reports this week. But thousands of illegal immigrants get indefinite leave to remain under the little known ‘14 year rule’

Outgoing CBI boss attacks UK Government on immigration cap

Mr Lambert joins Government Minister Vince Cable, London Mayor Boris Johnson and a host of business leaders all warning against the damaging effects of a cap on immigration.

EU residency for sale at your nearest Latvian Estate Agency

Yes, you can now legally buy EU residency from Latvian Estate Agents!

Immigration cap on foreign staff will compromise patient care says NHS

Thousands of employers, for instance in the care sector which looks after the most vulnerable people in our society, are still being blocked from recruiting skilled migrants from outside the UK under the interim cap, even when the job is listed on the official shortage occupations list, such as Senior Care Workers.

There are just a few days left to take part in the Student Immigration System public consultation which will help shape the future of international student visa rules in the UK for the next few years.

If you want your voice to be heard log on now and take part.

You can respond online to the consultation at: http://www.ukba.homeoffice.gov.uk/student-consult-online

Immigration rules are changing all the time and whilst the above information will be correct at the time of going to press you should always check the UK Visas and UK Border Agency websites for updates.

Bison UK are offering a free initial immigration consultation for students – no appointment required. 

To benefit from this offer, email Evelie at Bison UK  evelie@recruitnurse.com or call her on 0208 9051822 (overseas clients call +44 208 905 1822). Website: www.recruitnurse.com

MIGRATE TO CANADA

For more information on how you can LEGALLY migrate to Canada check out ‘My Immigration Consultant’ , an easy and cost efficient program designed to guide you *step By Step* towards successfully migrating to Canada.

For more information see link.

The recent Tier 4 Student Visa immigration policies instituted by the British government were primarily designed to streamline the entry clearance process for foreign nationals wishing to study in the United Kingdom.

Brothel owning pimp to be deported back to China

A pimp who ran a brothel above an Essex takeaway has been jailed and faces deportation, the Essex Echo reports.

Equality Act – what does it mean in practice?

The Equlity Act has been presented as a ‘tidying up exercise’, consolidating nine separate pieces of legislation and making it easier to understand. However, there are a number of significant changes that have a real impact on employers and employees.

Reduce women overseas workers to avoid abuse, says POEA

GMA News in Manila reports that as a segment of overseas Filipino workers (OFWs) more prone to abuse and maltreatment, women should be restricted to work as domestic helpers and factory workers abroad, the Philippine Overseas Employment Administration (POEA) said Wednesday.

Scottish Universities fears over tough new Tier 4 visa rules

Herald Scotland reports that Scotland will have one of the most restrictive visa regimes in the world for overseas students under Westminster Government plans to crack down on immigration, universities have warned.

New Countries Eligible to Participate in H-2A and H-2B Programs announced by USCIS

U.S. Citizenship and Immigration Services (USCIS) has announced this month that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

UK Minister Vince Cable says skilled Indian workers and students are welcome

Whilst this article and Vince Cable’s apparent assurance may bring welcome relief to migrants, his own coalition government’s policies, like their plans to abolish the Tier 1 Post Study Work Visa, do not mirror his views and appear to conflict with his earlier statements.

MIGRATE TO CANADA

For more information on how you can LEGALLY migrate to Canada check out ‘My Immigration Consultant’ , an easy and cost efficient program designed to guide you *step By Step* towards successfully migrating to Canada.

For more information see link.