Boris Johnson Calls For Illegal Immigrant Overstayer Amnesty

Cynthia Barker writes...Hi, from a rainy London (back to normal weather) where our famous Mayor, Boris Johnson, has again called for a Home Office amnesty for the hundreds of thousands of visa overstayers and illegal migrants living in the capital.

Going against his party's immigration crackdown policies, which he described as "crazy", the outspoken Conservative Mayor told the Total Politics magazine that people in the UK illegally should be 'legalised' and offered British Citizenship so they can become a part of normal society and pay taxes.

The Home Office fees alone on 500,000 applicants would pay off a sizable chunk of the national debt, especially of they charged a special premium rate.

Boris correctly pointed out that hundreds of thousands of visa overstayers are living in London in a black market job world where they have no papers and pay no taxes to the UK economy:

"The alternative is to continue in a situation in which half a million people or maybe 750,000 people in Britain, most of them in London, not registered, with no papers, contributing to the London economy, making money, but not paying tax," he said.

"Not paying for the NHS, not paying for social services, not paying for all the benefits that they are in many ways consuming. I think that is in the end crazy."

This is not the first time the London Mayor has spoken out against Home Office immigration policies, which he has previously said are not helping growth in the economy because employers cannot hire the right people for skilled job vacancies.

The official Home Office and government line has always been that an amnesty for overstaying migrants would simply encourage more illegal immigration, as it has done in Spain for instance.

I know many Filipinos who have been granted residency after living in Spain or Italy illegally, and some 'TNT's' (a Tagalog term for overstayers) who benefited from a previous amnesty in the UK. Many are holding on for an amnesty, or 'concession'as it is usually called, because they have not had professional advice on their chances of legalising their status in the UK.

But as Boris says, what is the alternative? Leading think tank ippr estimated that it will take 20 years and £5 billion to deport 500,000 illegal immigrants, assuming you could even find them! After 20 years an illegal overstayer would qualify for 'long stay' indefinite leave to remain anyway. Most would have put down 'family life' roots, making if difficult to remove them whilst human rights 'Article 8' applies, especially if they have children who would have already qualified to apply for British citizenship.

If you need advice on any immigration matter, including overstaying your visa, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 07850 307687 or 0208 731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is a qualified OISC Registered Immigration Adviser, with 15 years experience in immigration matters, with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

The Abuse of Domestic Workers In The UK

Cynthia Barker writes...As most people in the UK get back to work today after a long weekend break for Easter, spare a thought for some migrants workers who hardly ever get a proper day off - Domestic Workers.

Human Rights Watch has published a report: 'Hidden Away Abuses Against Migrant Domestic Workers In The UK', which highlights the plight of abused workers, many of them from the Philippines, who are brought into the UK on temporary visas by their foreign employers and have no means of escape.

The current government abolished the Blair government's 1998 Domestic Workers Visa concession, which allowed migrants who ran away from abusive employers to switch their visa to another employer and eventually obtain ILR (indefinite leave to remain - UK permanent residency) in Britain.

I have helped many such runaway domestic workers obtain new visas with decent employers and some of them are now British Citizens, yet still work for the same employer. Why? Because the employer is paying them very well, they live-in at some of London's most exclusive addresses and they have more net disposable income more than most people working in the UK.

Many of the victims brought in by overseas employers, usually from the Middle East or India, were either paid the same wage they would have received back home or in some cases nothing at all - despite the fact that some of the employers were billionaires!

Take the case of Liz Hurley's billionaire Indian ex-husband who brought in a worker under the old system and paid her the same salary as in India.

Workers in the UK must be paid at least the minimum wage or preferably a living wage and they have the same rights as British workers.

Unfortunately, under the current temporary visa (tied to the employer) system we have no way of enforcing these regulations or protecting the migrant worker.

Why do people with so much abuse people with so little?

If you need advice on any immigration matter, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 020 8731 5972 or email her your details to immigration@londonccs.com. Cynthia Barker is an OISC registered Immigration Adviser with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.

Migrant Domestic Violence Victims Can Apply for Special Leave to Remain or UK Residency

Cynthia Barker writes...good morning. What a beautiful day it is here in sunny London! Working from home today, as I have a Rotary meeting and I'm also drafting a very important case (sometimes you need a bit of peace away from the office to think). My client, a pretty young Filipina married to an older British man, was a victim of domestic violence. Now, before you jump to conclusions, the domestic "violence" was not physical, but mental torture. Yes, mental torture is a form of domestic violence.

When she came to see me last year she was going through hell and after probing a little further the tears began to flood as she revealed that she had been in an abusive relationship for years.

Her manipulative husband, who was staying in the Philippines at the time, was refusing to sign her papers for ILR (indefinite leave to remain or permanent residency in the UK) and basically abusing his power over her, which I felt was mental torture.

She was here in the UK with her Son and when she came to me her visa was about to expire, yet he was delaying supporting her application for residency and even told her that she should return to the Philippines and apply from there - an application which would have almost certainly failed leaving her trapped, without means of supporting her British Son.

He had also threatened to take her child away from her, which he could have done had she been stuck in the Philippines while he skipped back here with the boy.

This bully knew exactly what he was doing to her, but I was so determined that I wasn't going to let him get away with it!

We literally spent days on the case. We took a lot of time to gather all the evidence and put in a special application for ILR on the basis that her British husband was paying games and torturing her. Fortunately, the Home Office agreed and, thank God, they issued her indefinite leave to remain in the UK in just 15 days!

Last week she came back to me to process her application for naturalisation and British Citizenship, which will secure her long term residency in the UK. She looks a different person, happy and confident again.

I just want to say to all migrant spouses or partners (men or women) who may be victims of domestic violence, torture or an abusive relationship, however bad your situation may seem, talk to someone, take advice and see a qualified immigration adviser. Even if you have overstayed or broken the UK Immigration Rules, you should never give up hope of justice.

If you are the victim of abuse or domestic violence, or need advice on any immigration matter, EU or UK immigration law, or want to appeal against a refusal, call Cynthia Barker on 020 8731 5972 or email her your details and number Immigration@londonccs.com. Cynthia Barker is an OISC registered Immigration Adviser with a team of Level 3 Immigration Law Practitioners, Concept Care Solutions, Middlesex House, 29-45 High Street, Edgware, HA8 7UU.