A little-known rule, introduced in 2003, allows illegal immigrants to claim “indefinite leave to remain” if they manage to live in Britain’s black economy for long enough or are failed asylum seekers who manage to avoid deportation.

After 14 years they can apply to the Home Office which considers factors such as “compassionate circumstances, strength of connection to the UK and previous criminal record”, before deciding whether an illegal immigrant will be allowed to stay.

If successful, the immigrant will then be allowed full access to the welfare state and be eligible to apply for a British passport.

Since rules changed in April 2003, 7,245 illegals have won the right to live here permanently – more than 1,000 a year on average. It is likely that many paid no income tax during the 14 years they spent in Britain.

The Home Office estimated in 2005 that the illegal immigrant population in Britain was between 310,000 and 570,000 but other groups such as Migrationwatch UK, which campaigns against mass immigration, have put the figure far higher.

Migrationwatch UK now believes the true number of illegal immigrants could be as high as one million.

Damian Green, the shadow immigration minister, said: “What disturbs me most is how many more people will be able to establish this type of squatters’ rights to stay in this country.

“Rewarding illegal behaviour is always bad, and there ought to be a lot more effort put into stopping people getting to this 14 year level.

“One of the reasons why we want to set up a specialist border police force is to prevent people being able to stay here for many years entirely below the radar.”

Sir Andrew Green, the chairman of Migrationwatch, said: “It is wrong in principle that people who have been undercutting British workers for many years and often paying no tax should be granted full access to our welfare state.

“This is a reward for crime, provided you get away with it for long enough.”

One immigration law adviser, who declined to be named, said: “I’m surprised this rule still survives, to be honest.

“It is an anomaly when compared with the rest of the Government’s policy which purports to be getting tough with immigrants who have irregular status.”

The rules allowing illegal immigrants to claim residence after 14 years were formalised by the Home Office in 2003 but previously existed as a loose concession.

The arrangements mirror the legal status of “squatters’ rights”, formally known as adverse possession, in English and Welsh law.

These rules say that anyone who has occupied land or property for 12 years can apply to be registered as owner.

A Home Office spokesman said: “Not all applications for indefinite leave to remain through the long residence rule will be granted.

“They are considered on a case-by-case basis, taking into account the strength of connection to the UK, previous criminal record and compassionate circumstances, and so on.”

He added that it was expected that the number of people granted indefinite leave to remain under the rule would fall as asylum claims were dealt with more quickly.

Keith Best, an immigration expert and former chairman of the Immigration Advisory Service, said:

“This is a sensible and flexible system.

“It takes account of individual circumstances, particularly when somebody may have been an overstayer in this country and has not always committed a deliberate act of trying to evade the authorities.”

The 14 years which illegal immigrants have to wait before claiming indefinite leave to remain in Britain is only four years longer than the period of time required of lawful immigrants.

Those who stay here on a visa or who are granted refugee status only have to wait 10 years before applying for the same concession, if they have been continuously resident in Britain. Source: Daily Telegraph. 

Immigration Matters Comment

The controversial rule, or ‘long stay concession’, allows immigrants to apply for permanent residence after being in the UK for 14 years, even if they have overstayed. But indefinite leave is not automatically granted when an illegal or overstaying immigrant applies to the Home Office. 

Jerry Turner,  OISC registered Level 3 Immigration Adviser and appeal specialist said: 

“In practice the Home Office try to refuse many of these applications despite meeting the spirit of them. For example in one case a man had spent the previous 7 years sleeping on a mattress on a factory floor and the Home Office refused because he could not produce his “tenancy agreement” or “bank statements.” He won on appeal.

“Requirements concerning the conduct of the applicant, such as whether or not false identities have been used, are strictly applied. There is a strong humanitarian case for regularising the stay of people who have been here for over 14 years. Many such people would have strong Human Rights grounds if removal or deportation were attempted. As with many instances of what the politicians perceive as problems needing harsh measures, the circumstances whereby people have been able to remain in the UK for so long unlawfully have arisen because of the gross inefficiencies of both conservative and labour governments. It should not be forgotten that under Michael Howard’s watch immigration staff at the Home Office were reduced whilst the backlog in dealing with asylum cases rose to many years.

“There have been several exercises which have been amnesties in all but name such as the scheme for regularisation of overstayers, the legacy programme on one little known one when only one in ten applications was subjected to much scrutiny. This resulted in identical cases being dealt with in different ways. One which was not subject to scrutiny was allowed and the other which was examined was not allowed. Poor training of staff and a lack of specialisation has resulted in many poor decisions which have in turn placed much pressure on the appeals system. There are many people in the UK illegally because they cannot meet the strict requirements of the immigration rules, but nevertheless have strong humanitarian and human rights grounds to stay. If such people make applications to the Home Office which are refused they have no right of appeal unless removal directions are issued. When refusing applications the Home Office frequently do not issue removal directions, no doubt in order to avoid such people appealing and winning. People are then left in limbo with enormous difficulties in obtaining the bare essentials for living.”

See also:

Do you know how to queue for a British passport?

New regulations for charging for immigration and nationality services

UK Border Agency response on ‘migrant detainees’

UK Border Agency launch free news service for employers recruiting overseas workers

The UK Border Agency has launched a free news feed for employers recruiting or already employing non-EU workers.

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Eddie Redfern, of package holiday giant Thomson, said e-borders would cause big delays if they are introduced in the summer season, as ministers want.

Ferry operators and Eurostar chiefs also warned the home affairs committee of big increases in waiting times.

The government said the e-borders scheme was already a proven success. However, travel operators warned it could breach EU laws on data collection.

And they said the flagship £750m programme to collect electronic records of everyone who enters and leaves the UK will also miss Home Office deadlines. 

The e-borders programme, which is due to be fully in force by 2014, is aimed at tackling terrorism, crime and illegal immigration and allows passenger details to be checked against watch lists.

But travel operators from the rail, shipping and travel industries told MPs that the Home Office had not consulted them properly and warned that the system could lead to unacceptable delays. 

Trials showed taking the data could nearly double check-in times for the 20 million passengers who cross the Channel every year.

Firms also fear that by taking passport data they may breach French and Belgian law which states only law enforcement officials can do so.

Bulk transfer of passenger data could also breach EU data protection rules, he said.

Requiring passengers to provide the information could fall foul of the right to free movement enshrined in EU treaties.

John Powell, managing director of Dover Harbour, warned of “mile-long” queues of lorries.

Marc Noaro, customer services director of Eurostar, said his company was “extremely concerned” that the scheme would cause significant delays – and that extra waiting times could “negate” a 40 minute journey time cut gained by a £6.1bn line upgrade.

Waiting times could double at its rail terminals and cost the company “several millions of investment”, some of which could potentially be passed on to travellers.

UKBA had not responded to a letter about Eurostar’s legal concerns which was sent seven months ago.

He said there were no commercial benefits to the scheme and accused the Home Office of imposing a “one-size-fits-all” programme that was designed to work for airlines.

E-borders could make railway stations overcrowded, double check-in times, and, he said, would be difficult to set up in protected buildings such as St Pancras railway station.

A UK Border Agency spokesperson defended the scheme:

“We have already proven e-Borders is a success, with it running effectively on many routes for four years.

“We have been working with Eurostar and the coach industry for the past two years, and have performed successful trials scanning 96% of documents in seconds.

“We are supporting airlines and carriers to ensure a smooth rollout of the programme that avoids any delays to passengers.

“Counting in and out enables the UK Border Agency to check people before they reach the UK and has already led to over 3,400 arrests for crimes including murder, rape and assault and significant counter terrorist interventions.”

Comment

Many other countries, such as Australia, Thailand and the USA, run similar schemes for checking visitors in and out of the country. The Government have been criticized for not knowing how many overstayers and illegal immigrants are in the country, so it fair to complain when they do something about it?

Earlier this year, thousands of protesters braved the bank holiday rain today in London’s Trafalgar Square to call on the Government to regularise the estimated 700,000 illegal immigrants living in the UK.

If we want the Government to ’secure Britain’s borders’ should we accept that we are going to have to put up with delays and more infringements on our personal liberty?

If you need any immigration advice or help with Tier 4, Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Tier 2, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Immigration has kept the capital growing despite Brits, many born and bred in the bustling capital, moving out of the city and into the suburbs in their droves.

Figures released earlier this year show London grew by 1.8 million in the 10 years to 2007, taking into account migrants coming from abroad against those leaving the country.

But the metropolis lost the largest number of people through internal migration of any area in the UK.

A mass exodus saw two million (26% of the city’s 2007 population) leave the capital for other parts of Britain – with only 1.6 million moved to London from the regions. A net loss of 344,558 people.

However, London had by far the biggest level of net international migration of any city – almost 1.8 million more people moving there from abroad than leaving the capital to live outside the UK.

Over the decade, deaths in London and internal migration to other areas of the UK meant population actually rose by only 370,000. The South-East was the most popular region for people to move to from elsewhere in the UK, leading to a net increase of 550,889.

For more information on England’s capital and one of the great cities on the planet see London Line - http://www.londononline.co.uk/factfile/population/ and Visit London – http://www.visitlondon.com/  

London and the South East of England will continue to attract more migrants because it remains the most prosperous part of the UK and one of the wealthiest regions in the world.

Migrants and students have a better chance of finding work around London, which is teaming with hotels, shops, bars and restaurants, and more tourist attractions than almost anywhere on earth.

This week I asked a number of students at Majestic College taking NVQ courses, such as Health and Social Care and Customer Service, how long it took them to find a job – which they need to cover the practical ‘on the job’ learning as part of their course. Almost all the student visa holders, living in the South East, had found jobs within a month of landing in the UK.

One young Filipina Customer Service student said she had applied for ten jobs before securing a part time position at St Mary’s hospital in Paddington as a Food Service Hostess. I asked how she landed this job and she said:

“I just walked in with my CV and asked if they had any vacancies.”

London is also a magnet for an estimated half a million overstayers and illegal immigrants, which is why Mayor Boris Johnson favours an amnesty for illegal immigrants against his own party line. See London Mayor Boris Johnson favours amnesty for illegal immigrants

The UK has a population of over 60 million, with 7.5 million people living in London alone. London receives around 30 million tourists a year, with over 90 million passing through UK ports. Heathrow is the world’s busiest international airport. 

The Borders Citizenship and Immigration Bill, expected to become law later this year, will make it harder to settle in the UK, affecting Work Permit holders, for instance, Senior Carers and Nurses, and other hoping to apply for Indefinite Leave to Remain (ILR) or British Citizenship. 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

See also: Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

In a week when London’s temperature soared to 32 degrees, Home Secretary Alan Johnson ordered the UK Border Agency to review its rollout of compulsory identity cards for foreign nationals, with a view to accelerating the process. But at the same he appears to be making a ‘U turn’ on mandatory ID cards for British Citizens.

The agency has already issued 50,000 ID cards for foreign nationals legally living and working in the United Kingdom, and expects that all within three years foreign nationals from outside the European Economic Area (EEA) will need to have an ID card if they are coming to the UK for longer than six months or extending their stay. Full Story.

Italy adopts new law criminalising illegal immigration

Italy takes a hard line on immigration in a move that harps back to its fascist era under Mussolini. Last week Italy’s Parliament approved a law criminalising illegal immigration and allowing citizens’ patrols to help the police keep order

Deportation reprieve for skippers and Filipino Fishermen

Deportation reprieve for Filipino Fishermen, but the loophole which allows non EU workers to be employed “off-shore” can lead to exploitation. We have met a number of Filipino workers employed by UK companies on vessels off-shore without a Work Permit. Several were forced to jump ship because of extremely low pay and poor working conditions.

London’s first Swine Flu death but no need to panic

The BBC reports that a 19-year-old man has died after contracting swine flu in London, the fourth fatal case in the UK. However, to put this into perspective, the UK has a population of over 60 million, with 7.5 million people living in London alone.

Scotland wants own immigration system

The new Australian-style “points system”, which has been recently brought in by Home Office, requires new immigrants to amass enough points, based on factors such as a employment, skills shortages and community links to gain entry to the United Kingdom. Last week the Government published the latest approved Shortage Occupations List for Tier 2 of the points based system, which includes Care Assistants.

Visa requirement for South Africans starts today

The announcement is clearly designed to reassure the public that the Labour Government is taking steps to secure and strengthen Britain’s borders.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Work Permit holding Senior Carer collects her passport from her immigration adviser, Bison UK, today which now includes an Indefinite Leave to Remain (ILR) sticker. 

Violeta came to the UK in 2003 on a tourist or visitor’s visa and after discovering there was an opportunity to obtain a Work Permit, decided to stay. 

With the help of Bison UK, she was able to switch her visit visa to a Work Permit and visa whilst in the UK, an option no longer available. 

Bison UK later helped her to extend her Work Permit and bring her daughter to the UK on a Dependant Visa. 

Five years on, Violeta and her 18 year old Daughter, Stephanie, both passed the Life in the UK test and successfully applied for Indefinite Leave to Remain. 

Her adviser, Evelie Padadac (pictured right) of Bison UK was delighted that ILR was granted for both Mother and Daughter, who was at a “critical age”. 

She plans to apply for British Citizenship next year, which she hopes will still be available despite the Citizenship Bill currently going through Parliament. We wish them both good luck! 

The Borders Citizenship and Immigration Bill, expected to become law later this year, will have far reaching effects on Filipino and other Work Permit holders, for instance, Senior Carers and Nurses, hoping to apply for Indefinite Leave to Remain (ILR) or British Citizenship. 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

See also:

Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

UK Government to cut migrant benefits

The agency has already issued 50,000 ID cards for foreign nationals legally living and working in the United Kingdom, and expects that all within three years foreign nationals from outside the European Economic Area (EEA) will need to have an ID card if they are coming to the UK for longer than six months or extending their stay.

The UK Border Agency website said that the Government plans to speed up the rollout of identity cards for British Citizens. But other reports suggest otherwise, with David Davis refuting the claim in a BBC report, and The Independent describes the move, in terms of compulsary cards for British Citizens, as the “Last rites for ID cards“.

An independent Identity Commissioner will be appointed in the near future to oversee the National Identity Service, but compulsory identity cards for foreign nationals will continue to be overseen by the Information Commissioner and the Chief Inspector of the UK Border Agency.

Speaking on BBC’s Question Time this evening, Leader of the House Harriot Harmon refused to confirm that the Government would force British people to carry ID Cards.

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

The offender was sentenced to 24 weeks’ imprisonment, but because he has already served time on remand will be immediately deported.

Gil Elecana Fresco, a ship’s cook from Manila, was sentenced for being knowingly concerned in the importation of five pornographic DVDs.

The 45-year-old pleaded guilty to the offence at Southampton Crown Court on 30 June 2009,  after the case was successfully prosecuted by the Revenue and Customs Prosecutions Office.

Fresco was intercepted by UK Border Agency detection officers from HM Cutter ‘Searcher’ in the Solent on 1 April 2009. Officers discovered the obscene material during a search of Fresco’s cabin on the oil tanker MV ‘Donizetti’. The vessel had sailed from Rotterdam, Holland. Officers from HM Revenue & Customs then took over the investigation.

Tim Fleming, senior criminal investigation officer at HM Revenue & Customs, said:

‘Our message is clear. We will not tolerate criminals who attempt to import this distasteful and offensive material into the UK. Customs investigators will continue to work closely with UK Border Agency officers to protect society from this appalling trade.

‘We would urge anyone with information about this type of crime to call the Customs Hotline on 0800 59 5000.’

The UK Border Agency are sending out a clear message to anyone thinking about bringing in illegal material.

See also:

Do not bring your fake Louis Vuitton handbag to London

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Visitors will be fingerprinted and checked against watch-lists before being issued with entry clearance to travel.

The Government say the new rules were introduced to counter passport and identity fraud.

The move follows the first global review of who needs a visa to come to the UK for a short-term visit.

Visa regimes for visitors have now been imposed on five new countries – Bolivia, Venezuela, South Africa, Lesotho and Swaziland.

The Government has carried out a “global assessment” of all non-European countries to “determine the level of risk their citizens potentially pose to the United Kingdom in terms of illegal immigration, crime and security”.

People from over 100 countries now require a visa to come to the UK, and the UK Border Agency has already collected more than four million fingerprints from people applying for visas worldwide.

Border and Immigration Minister Phil Woolas said:

‘Already our shake-up of border security is delivering results, with fingerprint visas helping us catch thousands of people trying to hide their true identity or a criminal past.

‘Today sees visa checks come into effect in the remaining countries that failed to pass our strict visa waiver test.

‘I am determined that the UK Border Agency should continue to strengthen the border and 2009 is the year of delivery. As well as applying greater scrutiny to visitors, we are being more selective about who can work in the UK and coming down hard on rule breakers.’

In February, Home Secretary Alan Johnson pledged to make a number of immigration changes including a commitment to increase detention space by opening a 426-bed immigration removal centre Brook House.

This facility near Gatwick Airport enables the Government to continue to “remove record numbers of foreign lawbreakers from the United Kingdom – with the Government vowing to send home a further 5,800 by the end of this year”. 

The Government claims the points based system has ensured migration matches the country’s needs, with employers having to advertise all skilled ‘tier 2′ jobs to resident workers through JobCentre Plus before they can bring migrant workers in from outside Europe. 

The criteria for highly skilled migrants under Tier 1 has also been tightened by raising the qualifications and salary level required for highly skilled workers to a Masters degree and a minimum salary of £20,000.

The announcement is clearly designed to reassure the public that the Labour Government is taking steps to secure and strengthen Britain’s borders. 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Most migrants coming to the UK from tropical countries, like the Philippines and India, expect the weather to be freezing cold all year round, packing their huge suitcases with coats, jumpers and even blankets.

To be fair, for the most part they are right to anticipate chilly winds and rain. Just a few weeks ago in the middle of June students arriving at London’s Majestic College were remarking how cold it felt when natives were sweltering, said Centre Manager Cynthia Barker.

Britain copes well with winter weather, but is not equipped for scorching summers.

Air conditioning is not available in every building and and is still a rarity in most peoples homes. The massive London underground network is almost unbearable on a day like today.

But the bottom line is you cannot survive without central heating for nine months of the year, whereas you can suffer a few weeks of British summer.

My advice to migrant workers or students arriving from anywhere south of Spain is to expect to feel the cold here from September to April. Although hardy Brits will happily wear a tee-shirt in November, you will probably need thermal underwear and a woolly sweater when you are still in the house!

For full weather reports check the BBC website – http://www.bbc.co.uk/ 

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Filipino Majestic College NVQ student makes it to the UK after his entry clearance refusal in Manila was overturned by an Immigration Judge at the AIT (Asylum and Immigration Tribunal) following an appeal.

Immigration Advisers, Bison UK, lodged the appeal after he was unfairly refused entry clearance last year.

At the hearing in Hatton Cross in April, the Judge agreed with Bison’s appeal specialist Mr Jerry Turner and allowed the appeal.

He now has a 3 year student visa to study NVQ in Health and Social Care, combined with paid work placement.

Visa appeals have been abolished for student visa refusals applying under Tier 4 in line with new ‘points based’ rules. Students refused entry clearance under Tier 4 of the points based system, which took effect on 31 March 2009, will now have their cases reviewed by an ECM under the new ‘Administrative Review’ system.

Refusals under paragraph 57 of the previous immigration rules will still be allowed a full appeal. Therefore, if your student visa application (VAF) was submitted before 31 March 2009, you should still have the right of appeal.

If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

For more information on NVQ Health and Social Care courses see www.majesticcollege.org