Home Office Looking For 175,000 UK Visa Overstayers Refused Leave To Remain

Cynthia Barker writes...The Home Office is still searching for more than 175,000 people who have overstayed visas and have no right to remain in the UK, and they have no idea whether or no they have left, according to a report by the National Audit Office.

The visa overstayers have been refused temporary or permanent leave to remain, however,  the Home Office does not know where they are as there is no in-out counting system in place at UK borders..

As Home Office staff struggle to clear thousands of outstanding cases every week, new overstayer files fill up their in-trays at the same rate.

The new figures are published n a National Audit Office report, which highlights £350m of taxpayers money blown away on a failed IT scheme.

‘Refusal pool’ still growing at 3354 per week

The so-called "migration refusal pool", or migrants and students whose temporary or permanent leave to remain application has been refused by the Home Office but current whereabouts  unknown, forms a large proportion of the 301,000 immigration case backlog.

The refusal pool was created in 2008 and was only revealed publicly 2012 when it was discovered by the chief inspector of immigration, John Vine. In 2012 the refusal pool stood at 174,000 cases, which means it has almost doubled in 2 years.

A private contractor, Capita, was hired carry out an audit of 150,000 cases to identify any errors in the records, check if people had left the country and try to contact them if they had not. 

Despite thousands of Home Office staff being made redundant, Capita was kept on following its initial audit and by the end of 2013 had worked its way through 248,000 migration refusal pool cases.

Capita claim that 47,300 refused migrants had left the UK voluntarily, but 50,000 could not be contacted because their details were missing or had not been entered into the system correctly!

Shockingly, 121,000 overstayers could not be contacted because their addresses turned out to be false or out of date, said the report. The Home Office said this group also includes duplicated records and people discovered to have been granted leave to remain via a different route or who are involved in a judicial review or visa appeal.

A migrant would hardly give a false address when applying (along with all their documents and passports) for a visa extension or further leave to remain!

Cases have been sent to the ‘Immigration Enforcement Directorate’ – yet another new government agency set up last year when the Border Agency was split in two - for investigation.

Old refusal pool cases fell by 80,000 in 2013-14, but these were offset by new visa refusal cases. There are currently 3,354 cases flooding into the system every week and 3,673 flowing out.

National Audit Office said investigators' efforts had been hampered by the quality of the data available to them on the department's out-of-date casework database and paper-based records.

"Poor controls in the Casework Information Database increases the risk that staff fail to input the minimum standard information required," said the report.

"Transferring data manually - from paper to IT systems - increases the risk of errors and there is no single source of reliable information."

In 2010 the Home Office commissioned a new, £350m immigration casework system but it failed to work properly and was shut down last August.

That’s a lot of computers and software down the drain? If I lost £350 million pounds I think I would be fired and if I was a bank like the trader Nick Leeson, I’d be jailed!

Here we go again, as another new IT system has been commissioned, this time at an expected cost £209m, the NAO report says.

Who are these companies making hundreds of millions (or billions in the case of HMRC) on useless IT systems?

The taxpayer will also pay to keep the old system, which regularly "freezes" and is incapable of linking with other government systems, running until the new one comes on stream in 2016/17.

Amyas Morse, head of the NAO, said: "The Home Office has started making significant changes since the agency was broken up and has made progress in some areas.

"We would have expected greater progress by now though in tackling the problems we identified in 2012 in areas such as specific backlogs and IT.

"Among our recommendations is that the department prioritise outstanding backlogs and act to prevent the cases that it classifies as unworkable building up into backlogs."

No s**t Sherlock: “prioritise outstanding backlogs and act to prevent the cases that it classifies as unworkable building up into backlogs." They must be really intelligent!

Immigration and Security Minister James Brokenshire said the NAO report showed the government's decision to split the border agency into two directorates and bring it back under direct Home Office control was "the right one".

"I'm pleased the NAO has found that our changes are already delivering improvements, including cutting immigration application times by 25% and embedding a culture that is more focused on improving performance in the future.

"As we said when we took the decision to split up UKBA, transforming our broken immigration system will take time, but our changes are building a system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law."

The UK Border Agency was formed after Home Office was broken up by the then Labour Home Secretary John Reid, who said it was “not fit for purpose”.

Human Rights article 8 claims and appeals

The truth is that no agency can cope with the number of illegal immigrants and visa overstayers, which could amount to over 1 million people.

It costs around £10,000 to arrest, detain and deport an illegal overstayer. If they lodge an appeal, the costs could escalate to hundreds of thousands of pounds, if not millions as in the case of terror suspect Abu Qatada – who entered the UK illegally and stayed for over 10 years at the taxpayer expense.

Removing or deporting 1 million overstayers will cost at least 10 billion and take years, by which time many will have a right to stay in the UK – because they have been here for so long, have a human rights ‘article 8’ family life claim.

Many will have married, have a partner or children who could be British citizens by the time border officers knock at their door or raid the local Chinese takeaway.

As an immigration adviser in a level 3 firm, we deal with many such appeals and human rights cases every day, as more and more migrants come forward for immigration advice. In fact my phone has not stopped ringing with overstayers requesting a consultation with our appeal specialists!

Many have a legitimate right to remain in the UK, but are still refused leave to remain by the Home Office leaving them no options but to lodge an appeal at the First Tier Tribunal.

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.

Free Apprenticeship Courses To Fill UK Job Vacancies While Migrant Workers Refused Leave To Remain

Cynthia Barker writes...Non-stop with immigration work here at Concept Care! Last week was our busiest week ever for visa appeal cases as the Home Office ramps up leave to remain refusals for migrant workers who just want to work in the UK.

I am amazed watching shows like 'Benefits Street', a Channel 4 documentary which follows unemployed (some virtually unemployable) British families living on state benefits who say they have "no opportunities" to find a job in the UK, because Britain is literally a land of opportunity! 

Why do you think so many Filipinos, Indians, Chinese, Bulgarians, Poles, Italians, Spanish, Romanians and Croatians are coming to the UK every day to find work and start a new life?

Not only are there hundreds of thousands of UK job vacancies, the British Government and EU even fund free apprenticeship courses - with paid work placements - so you can upgrade your skills and 'earn while you learn'!

Colleges, such as London Cactus College are offering free apprenticeships with paid jobs in Health and Social Care, Business Admin and ITC. The college find work placements for their students to run alongside the funded vocational courses. 

Migrant workers find it hard to believe that young people here are not grabbing these jobs with both hands. If this scheme existed in my native Philippines job applicants would be queuing around the block!

EU/UK residents interested in any of the above training and UK job opportunities email should email a CV to ckelly@londonccs.com. 

If you have been affected by changes or 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.

Home Office Wins Appeal On Spouse Visa Minimum Income Threshold

Cynthia Barker writes...Good morning from a hot and humid London. Bad news for British residents wishing to sponsor a non-EU partner or spouse for a UK visa, but earning less than £18,600 per year. As 4000 pending family visa applications can now expect a refusal decision, the Home Office has welcomed a Court of Appeal judgment, “upholding the lawfulness of the income threshold under the new family migration rules”.

The Home Office introduced the minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK in July 2012.

Home Office, London

The tough new immigration rules – widely criticized for tearing families apart - were subject to a successful legal challenge, which the Home Office appealed leaving thousands of spouse visa cases on hold while awaiting a judgment.

The UK government brought in the minimum income threshold to ensure that family migrants do not become reliant on the taxpayer for benefits and can integrate into British society.

Presumably the Home Office feels that migrants who have a partner earning more than £18,600 are more likely to integrate?

The controversial minimum income rule was set by the Home Office, based on advice from the independent Migration Advisory Committee (MAC), at £18,600 for sponsoring a non-EU spouse or partner, rising to £22,400 for also sponsoring a child and an additional £2,400 for each further child.

Family life in the UK, but not at taxpayer’s expense, says Home Office Minister.

Immigration and Security Minister James Brokenshire said:

“I am delighted that the Court of Appeal has comprehensively upheld the lawfulness of this important policy.

“We welcome those who wish to make a life in the UK with their family, work hard and make a contribution, but family life must not be established in the UK at the taxpayer’s expense and family migrants must be able to integrate.

“The minimum income threshold to sponsor family migrants is delivering these objectives and this judgment recognises the important public interest it serves.”

The Appeal Court judgment overturns an earlier High Court judgment from July 2013, which was supportive of the approach but found that the impact of the minimum income threshold on family life could be disproportionate.

Visa applications on hold will now receive a decision

The Home Office added that from the 28 July, the 4,000 individuals whose visa applications are currently on hold, pending this judgment, will now receive a decision:

“These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused.”

The news will be devastating for those families who were hoping that the courts would overturn the minimum income rules, which are keeping them apart, but will now receive a visa refusal.

EEA family permit applications unaffected

Many British expats have also been hit by the rules when returning from a job overseas, obviously without a UK job, but unable to take their non-EU spouse or partner to join them in Britain.

The unfair thing about these rules, for British citizens living in the UK, is that European EEA nationals can ignore these 'minimum income' rules and walk through the UK border with their entire extended non-EU family under EU/EEA regulations. Many UK citizens are now taking up EU residence in order to beat the Home Office family visa restrictions. Want to know more - email me!

If you have been affected by changes or 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.

Home Office Restricts Non-EU Students Switching To Tier 1 Entrepreneur Visas

Cynthia Barker writes...Just back from a short break, so catching up today! Hold on to your passports, the UK Home Office has announced new measures to clamp down on Tier 1 Entrepreneur Visas, after checks revealed they were being used by Tier 4 students to switch visas under questionable motives. 

The Telegraph reports that the Home Office said the number of foreigners applying for the right to stay in this country under the entrepreneur scheme rose from 118 in 2009 to just under 10,000 last year, with two thirds of the applicants – more than 3,000 people – being granted a Tier 1 Entrepreneur visa. 

According to the report, organised crime gangs may have been involved in the visa scam. Immigration fraudsters charge applicants to temporarily lend the £50,000 required to demonstrate they had the capital to invest in business schemes.

A statement from the Home Office said that evidence from tax records showed that people on expiring Tier 4 student visas were transferring to entrepreneur status on the basis of setting up a business, when in reality they are working in low skilled jobs.

With the new clampdown, students will only be able to switch using funds from a government-approved source, and post-study workers will need additional evidence of their business activities.

In addition, those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch from the old post-study route onto an entrepreneur visa.

Immigration Adviser Cynthia Barker of Concept Care Solutions said the scheme has proved popular with students who often have no option but to start a business in order to remain in the UK.

“Over the last couple of years I have been approached by a number of students or post study work visa holders looking to start a business and switch to a Tier 1 Entrepreneur visa.

“The visa process was not as easy as the newspapers make out, as the Home Office asked a lot of questions about the business plan and we had to appeal for one applicant, despite being a genuinely good case.

“The government launched the scheme to attract people to start businesses and invest in the UK, which is what the scheme has achieved. Just because a student is currently in a low skilled job, it doesn't mean they cannot start a business – Richard Branson was a student when he started out in business!”

Recent Home Office statistics show that 24,641 non-EEA partner visas were issued to in 2013. This as a decrease of 6,847 (22%) from the 31,508 partner visas issued in 2012.

Home Office statistics show that, in the period from 1 November 2012 to 30 September 2013, 34 settlement visas were issued to an adult dependent relative under Appendix FM to the Immigration Rules.

The APPG on Migration published the final report in June of an inquiry into the impacts of the family migration rules, chaired by Baroness Hamwee. The inquiry received evidence from over 280 sources, which collectively suggested that a broad range of British citizens and permanent residents had been affected by the rules.

Source: Migrants Rights network and an All Party Parliamentary Group (APPG) on Migration, which met this month.

If you have been affected by changes or 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.

Home Office Says LSBF Tier 4 Student Visa Suspension Justified

Cynthia Barker writes...Following my blog last week (Home Office Declares War On Private Colleges), the Home Office has dismissed accusations that it unfairly suspended the Tier 4 student visa sponsors licence of London School of Business & Finance, Education Investor reports.

LSBF, a large private college based in central London, was among of 57 private colleges stripped of their right to recruit new overseas students last week, following the latest Home Office crackdown colleges and some universities.

The management of LSBF says it was unfairly penalised for failing to prevent students working during their courses - a breach of immigration rules for most Tier 4 students studying at private colleges. It has begun an internal investigation and plans to hire PwC to fight their case.

The Home Office rejected the claims and a spokesperson said: "We have found extensive evidence of widespread cheating on English language tests by those studying at the London School of Business & Finance.

"We have suspended their licence because of numerous, broader failings in respect of their sponsorship duties," they said.

However, there is no suggestion that LSBF encouraged or turned a blind eye to falsified English language test results.

The firm points out that a majority of LSBF students identified as working during their studies were “directly sponsored by UK universities but studying with LSBF under franchise or similar arrangements”.

The college claims that the remainder had either been enrolled prior to the introduction of restrictions on foreign student work rights aimed only at private colleges, or had simply not worked while at the college.

If you have been affected or 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.

Home Office War On Tier 4 Sponsor Colleges And Universities

Cynthia Barker writes...It's war on private colleges again, as the Home Office discovers thousands of fraudulent English certificates as students apparently working in the UK illegally under Tier 4 student visas.

Okay, the Home Office hasn't actually declared war on education providers, but with the government struggling to meet net migration targets by 2015, students and colleges are the next target.

Earlier this week, Immigration Minister James Brokenshire stood up in Parliament and announced an inquiry into abuse of the student visa system after finding evidence of criminal activity, and added that several colleges and universities had been suspended from sponsoring non-EU students.

The minister revealed that out of 48,000 English certificates used to extend leave in the UK, 29,000 were invalid and 19,000 were "questionable".

Mr Brokenshire is pointing the finger, not at the Home Office caseworker who accepted the fake certificates when issuing UK leave to remain, but at the universities and colleges who also took them at face value.

UK Border officers found evidence of "serious concern" at some university campuses, and the Home Office has downgraded Glyndwr University in north-east Wales from a "highly-trusted sponsor" of Tier 4 student visas.

The Home Office has suspended Tier 4 Sponsors licences of 57 private further education colleges, and two universities - the University of Bedfordshire and University of West London - are suspended from sponsoring new students pending further investigations.

The certificates were issued by rogue colleges who gave the answers to students sitting English tests. How would a college or university admissions officer know that the tests were fake?

He added that LSBF, a large private college in London, had hundreds of students who were working, even though their visas should not allow work. However, if the CAS was issued by a university using LSBF as a London campus, then work would be allowed.

LSBF has issued a strongly worded statement of protest to the Home Office, but will probably face a large legal bill as the lawyers rub their hands with glee!

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.

48,000 Bogus English Language Certificates Leaves Home Office In Crisis And Signals Another Crackdown On Student Visas

Cynthia Barker writes...Wow, as many as 48,000 immigrants have allegedly obtained bogus English language certificates even though they could not speak English, the Home Office said.

Home Office Immigration Minister James Brokenshire told Parliament that an inquiry into abuse of the student visa system had found evidence of criminal activity, which would now be investigated fully.

Incredibly, out of 48,000 certificates, 29,000 were invalid and 19,000 were "questionable", the minister said.

Mr Brokenshire continued: "It is likely that the true totals will be higher."

"The government is not prepared to tolerate this abuse," he said.

"Since the start of February immigration enforcement officers, with the support of the National Crime Agency, together with officials from UK Visas and Immigration, have been conducting a detailed and wide-ranging investigation into actions by organised criminals to falsify English language tests for student visa applicants.

"They've also investigated a number of colleges and universities for their failure to ensure that their students meet the criteria set out in immigration rules."

The Home Office investigation was prompted by a BBC Panorama investigation earlier this year, which shows secretly filmed evidence of bogus colleges issuing fraudulent English certificates used to falsely obtain further leave to remain in the UK.

UK Border officers have also uncovered evidence of "serious concern" at some university campuses, and the Home Office has downgraded Glyndwr University in north-east Wales from its status as a "highly-trusted sponsor" of Tier 4 student visas.

The Home Office has also suspended Tier 4 Sponsors licences of 57 private further education colleges, Mr Brokenshire said.

In a rare move, two universities - the University of Bedfordshire and University of West London - are no longer allowed to sponsor new students pending further investigations.

The suspensions of student visa licences for state owned universities will be highly embarrassing for the UK government.

Immigration border enforcement officers had started work to identify migrants who were in the country illegally as a result of the falsified language tests so they could be removed or deported from the UK, the minister promised.

"The steps I have outlined today shows we will not hesitate to take firm action against those - students, colleges and universities - who do not abide by their legal responsibilities and resolutely pursue organised criminality to bring those responsible to justice," the minister concluded. Source: BBC.

The news of a few crooked colleges trying to buck the system will almost certainly result in yet another crackdown on foreign students and private colleges - worth billions to the UK economy. Let's hope that the Home Office will not allow a few rotten eggs to cause the government to throw the baby out with the bath water.

In a separate story, illegal immigrants recently had over £2000 confiscated by Home Office border officers during an immigration raid in Leicester. 

The overstaying Indian nationals were deported, but their money - deemed to have been earned through illegal working – was kept by the government under the Proceeds of Crime Act.

Interestingly, the courts upheld the decision. With the new Immigration Act making it harder, if not impossible, for a visa overstaying illegal immigrant to open a bank account, there could be a lot more cash seized by the Home Office during deportation raids.

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.

Appeal Cases Keeping Me Busy As Home Office Refuse Leave To Remain

Cynthia Barker writes...Another manic day, saw three sets of clients and 10 people today! Home Office appeal cases are keeping us soooo busy, but I wish clients would come to me with their visa refusals a little earlier than 24 hours before the deadline to lodge an appeal!

Some of the refusals by Home Office case workers for further leave to remain or partner visas are just plain daft!

In one case, a client was refused due to "inconsistencies in answers" during a Home Office interview for an EEA residence card for the non-EU wife of a Romanian national.

In the appeal evidence our appeal specialist actually refers to an old TV show called 'Mr and Mrs' in which married couples are secretly questioned about their partners habits and tastes.

The show was very popular and ran for decades because even couples who had been married for 50 years would give the wrong answers!

Back to our client's appeal. During the Home Office interview the wife was asked if her husband smoked. She said he had "given up".

But when the husband was questioned in another room he admitted to the Home Office officers (but not his wife!) that he still smoked.

Based on these minor inconsistencies, the wife was refused an EEA residence permit, and we are appealing the Home Office refusal decision.

The appeal tribunal will involve highly paid immigration judges, clerks, administrators, lawyers and a home Office representative to fight their case (assuming they turn up), all of which will cost the British taxpayer a lot of money. They should have been granted the EEA residence card in the first place, without the need for an interview.

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.

See also: Home-office-wins-appeal-on-spouse-visa

New UK Visa Rules For Chinese Investors And Tourists To Be Announced By The Home Office

Cynthia Barker writes...Back to work on a cool cloudy Monday morning! Good news for Chinese visa applicants. The Home Office are expected to announce a relaxation of the UK Immigration Rules this week to encourage more Chinese tourists and business people to invest in Britain, the Telegraph reports.

Strict rules and delays for Chinese citizens applying for UK tourists visas and business visitor visas have been openly slammed by the Chinese government who are demanding special treatment.

Despite Home Office efforts to fast track the UK visa system, Britain is outside the EU WIDE Schengen visa area. Having to apply and pay for a separate visitor visor is discouraging more wealthy Chinese tourists and investors from coming to the UK when travelling to Europe.

The reforms follow a number of campaigns, including one from the Telegraph’s for easier visa rules for Chinese visitors to boost UK economic growth.

Leading businesses, known as the UK China Visa Alliance, which includes Travelodge, Harrods and International Airlines Group, and which owns British Airways, has warned that Chinese tourists, who spend an average of £1,600 per visit, are shunning the UK in favour of other countries in Europe.

Having said that, top London stores, like Harrods and Selfridges, employ hundreds of Chinese-speaking sales assistants to sell high end luxury goods to tourists from China.

The UK also hosts hundreds of thousands of Chinese students on Tier 4 student visas.

There are also schemes for longer term Investor Visas for a short route to British Citizenship (cash for citizenship) and Tier 1 Entrepreneur visas to encourage investment into Britain.

However, the British Chambers of Commerce, the British Hospitality Association and the Institute of Directors all want more improvements to the UK visa system to help British businesses.

Last year, British Prime Minister David Cameron announced that visa applications for some Chinese visitors entering the UK would be simplified.

Chinese tourists visiting the EU no longer need to submit separate UK tourist visa applications if they book with selected travel agents.

Home Office Ministers have also introduced a same day visa service for UK business visa visitors.

The Telegraph reports that further reforms will be announced when China’s premier, Li Keqiang, visits Britain for talks with the Prime Minister and tea with the Queen this week.

The Home Office are expected to drop the requirement for separate visa forms for all Chinese visitors who have applied under a European Union visa application, a major change from previously held views that the UK should have full control of its borders.

On Friday the Chinese Ambassador, Liu Xiaoming, said that progress on making it easier for Chinese people to visit Britain has been “far from enough”.

“We would like to see liberalisation of restrictions on visas on Chinese business people and Chinese tourists,” he said.

“I think there is many opportunities and much potential for cooperation with business, and with tourists. They’re not only coming here to enjoy sight-seeing, many of them are very good shoppers. I can see them anywhere and everywhere – Harrods, Oxford Street, you name it.”

Liu said that prominent Chinese businessmen are still being rejected when they apply for visas to come to the UK.

He said that many were rejected and unable to attend a recent business leaders’ summit but that he did not know the “real reason” their visa applications were turned down.

He added: “And also I receive complaints from businesses based here. They have difficulties to rotate their senior executives because of visa restrictions. That made their operations more difficult than they are in other European countries.

“So I think visa issues really erode British strength in terms of attracting more foreign businesses, attracting talented people. So I do wish more progress will be made on this issue.”

The relaxation of visa rules for the growing Chinese tourist market and rich investors will have positive benefits for the UK.

But let’s not forget that there are a large number of Chinese UK visa overstayers who are working without work permits in Britain. 

When Chinese illegal immigrants are caught during Home Office raids they normally claim to have "lost their passport" - a well known ploy to avoid immediate deportation from the UK.

The Chinese government will not take their citizens back without a passport and need 12 months to issue a replacement! This means the Home Office cannot afford to detain the overstayer for a year and are forced to release illegal immigrants into the community to work illegally, or in some cases fund lengthy appeals to prevent deportation.

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.

World Cup Fever Hits London's Migrant Communities

Cynthia Barker writes...Hot and sunny in London, but this is the worst time of year for hay fever sufferers like me! But work must be done and the client comes first. Rain or shine, they just want their visa, indefinite leave to remain, UK citizenship or appeal against a refusal by the Home Office.

London is buzzing with another kind of fever...World Cup fever! With migrants from just about every country on earth living in the UK the pubs showing live matches will be heaving with fans supporting their team.

The UK has a large Brazilian population who will no doubt be watching the opening game against Croatia, our newest EU member state - there is 7 year restriction on Croatians who want to work in the UK, but they can study and work and apply for a yellow card permit (no relation to football yellow cards!).

England's opening game is against Italy on Saturday night. While I love Italy, I have to support my home side so...come on England!!!

If you need advice on any immigration matter, 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.

3 Tips When Submitting Documents To The Home Office

Cynthia Barker writes...Received a large brown Home Office envelope today. Unfortunately, not the usual type from Sheffield which you know contains a visa approval, but a tatty envelope sealed with sellotape which had come open.

Inside the open envelope were three passports and a bio metric ID card, all loose and all sent in normal second class post. Thank God the contents were all intact and nothing had been lost or stolen (maybe if they had been British passports instead of Filipino passports it would have been a different story!).

I am always amazed at how casual people are when doing their own applications, not just in terms of common mistakes (e.g. not completing questions, not including correct documents) , but also in how they are sent.

Here are three tips when submitting immigration applications or letters to the Home Office.

Tip 1.  - When you send any documents or letters to the Home Office, ALWAYS use Special Delivery post, or at very least Recorded Delivery.

Tip 2.  - ALWAYS keep a photocopy of ALL documents sent, as from time to time documents do go astray.

Tip 3.  - Include a letter with a full list of documents submitted and keep a copy.

May seem obvious, yet surprisingly few people follow these simple steps when dealing with the UK Home Office, and some even withdraw applications just because they need a copy of their passport!

If you need advice on any immigration matter, 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.

Worked Until Midnight On UK Settlement Forms With Conflicting Information On Knowledge Of Language And Life In The UK

Cynthia Barker writes...Worked until midnight last night re-writing four 75 page forms, thanks to a last minute change of SET-O forms by the Home Office.

But these things are part of the job of an immigration adviser, where our biggest 'competitor' is not another firm, but the Home Office! 

Immigration Rules are constantly being changed, rarely to the migrant's benefit, websites disappearing, fees increasing and of course visa forms changing every five minutes with little no and NO grace period to use the previous version.

One reason why the Home Office have to keep ‘updating’ their forms is that they are so poorly drafted.

For instance, on page 62 of the settlement (SET-0) forms under the heading ‘Knowledge of language and life in the UK’, the question is written as follows:

“If you have to complete section 4 and you and/or a partner applying with you are aged 18-64, you must provide one of the following for each of you:”

Note the word “one”, because it then goes on to say:

“A Life in the UK test pass notification letter; and

“A relevant speaking and listening qualification, as described in the guidance on our website..." (which takes you to -https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285139/KoLL_v14.0EXT.pdf a ridiculously long link leading to a guidance document for Knowledge of language and life in the UK) - and so it goes round and round!

If the Home Office are asking for one of the following, should the form not state “or” rather than “and”?

In other parts of the form they ask for both language and Life in the UK, and the guidance is also confusing.

Despite all this, the client comes first and they are not really interested that the forms have changed or the Home Office website is down. Frankly, they just want their visa, indefinite leave to remain, UK citizenship or successful appeal against a refusal. That's why they are paying for our services, to get results!

If you need advice on any immigration matter, 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.

Dear Home Office, Why Change SET-O Forms Again - After 2 Months And With No Warning?

Cynthia Barker writes...You won't believe this, the SET-O Home Office forms I completed last week are version April 2014 and literally, this minute, I saw another newer version to be used after 2 June - I will now have to redo 4 X 75-page forms arghhh!

OPEN LETTER TO HOME OFFICE FORM CHANGING TEAM:

Dear Home Office, it is extremely frustrating that the you change your forms far too often, for a minor alteration and with little or no notice to your customers. 

For example, the SET-O UK settlement form was only just changed in April, when you also increased Home Office immigration fees from 6th April. 

My worry is that a large number of applicants, and some OISC Immigration Advisers, will get caught out by this unexpected 'immediate' change, resulting in a refusal several months down the line. In some cases, visas will have expired, removal notices will be issued resulting in costly appeals being lodged against visa refusals - all because of a minor change.

Can you please be more flexible and allow migrants customers more time to adjust to the changes, or try to limit changes to immigration forms.

Thanking you in advance.

Signed, 

Frustrated Immigration Adviser taking time out to re-complete four 75 page Home Office SET-0 forms!

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.
Concept Care Solutions will be at the Filipino Barrio Fiesta Hounslow 5 and 6 July 2014

EU Free Movement Rules And 'Cash For Citizenship' Allow Wealthy Investors To Fast Track Visas

Cynthia Barker writes...Fridays are always manic, as there's always a deadline and the phones are non stop! I will get two cases off to the Home Office before close of business today: a spouse visa and an ILR or indefinite leave to remain application.

Had a call from a nurse in Malta today. Originally from Asia, he is now working in Malta as a general nurse, but would like to work in the UK.

Although Malta is a member of the European Union (EU) he cannot enjoy complete free movement within EEA countries as he is on a work permit and does not hold a Maltese passport.

Thousands of non-EU migrant workers live and work in EU countries for years without gaining citizenship. In the UK, if you are a migrant on a working visa can apply for ILR (permanent residency) after 5 years and British citizenship a year later. Workers in other EU countries are not treated so fairly.

For instance, I have met Filipino and Indian migrants who have worked in Italy, Greece and Cyprus for over 10 years who are still on temporary residence visas.

Whilst there are some common EU immigration policies, each member state still makes up there own national rules.

This year I hope to visit several EU countries to offer advice to migrant workers who may have the opportunity to gain citizenship or petition their families under EEA regulations or apply under specific judgments such as Zambrano, Chen and Surinder Singh.

As with most things in life, money talks. EU countries such as the UK, Malta, Latvia and Bulgaria are offering immediate residence to investors and, depending on how much cash you have, a fast track to citizenship - otherwise know as "cash for citizenship"!

The UK has higher limits and stricter rules on how long you need to stay in the country to qualify for a 'red' passport, but other countries are far more flexible because they need your money!

If you have 500,000 Euros to invest (normally put into government bonds) you could get an immediate 'investor visa' with residency and a EU member state passport allowing you free movement in any EU country within 3 years. Interested? Email me.

You may ask why a wealthy African, Russian or Chinese investor would want an EU passport when he or she can travel pretty much anywhere they like and live a life of luxury in their own countries? There are a number of reasons why an EU country passport offers security for them and of course their children. For example, not all countries have the same human rights protection, rule of law or fair justice in the legal system, as a few Russian billionaires have found to their cost.

Some wealthy individuals plan years ahead and want to set their children up with a more secure life in the west, while others want shelter their assets in the London property market. 

As for our nurse in Malta, he should register with the NMC and obtain a decision letter, as the UK NHS needs overseas nurses to fill 20,000 nurse job vacancies right now. Concept Care is recruiting qualified specialist nurses for the NHS and will be holding open recruitment events this year in Spain, Romania, Bulgaria, Portugal, China and the Philippines. In fact, wherever there are qualified English speaking nurses, Concept Care will be there! 

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.

Student To Spouse Visa In 6 Weeks, WOW!

Cynthia Barker writes...I was surprised when the official brown Home Office envelop arrived so quickly, and initially thought it might be a visa refusal. However, I was delighted when the spouse visa popped out and the student, who had just switched from Tier 4 to marriage visa in-country, was over the moon and screaming down the phone!

Well done to the Home Office who are not always congratulated when they get it right.

More care job orders came in today, this time from an upmarket nursing home group who need care assistants in the Northampton area. They pay between £6.45 and £7.00 per hour, which is not too bad outside of London where rents are much lower than in the capital. The employer will also help with accommodation if you need to relocate.

Carers must have some experience and the right to work in the UK, which means within EU or EEA only folks. The company has had very good experience with Romanian and Bulgarian workers, but sadly no luck with local advertising or apprenticeships in care. Overseas workers are still needed, just like they were 15 years ago when I started in this industry! Tier 2 work permit rules should be changed to allow care workers from outside the EU - that would solve the care and NHS staffing crisis.

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.

See also: Home-office-wins-appeal-on-spouse-visa

Immigration Bill Will Cut Human Rights Appeals

Cynthia Barker writes...Good morning from sunny London during local and European election week! UKIP leader Nigel Farage has been 'Romanian bashing' again, as part of his campaign to leave the EU and regain control of our borders.

Many Brits are fed up with EU and EEA regulations, which among other things override UK Home Office Immigration Rules, which is why Prime Minister David Cameron has promised an '"in out" referendum on European Union membership if he wins the next general election in 2015.

Britain has little control over how many Europeans can move here, however, it works both ways with millions of UK citizens living and working in France, Spain and other EU nations.

But Mr Farage is not bothered about French or Germans coming to live in the UK - his wife is German. It's those less well off migrants from much poorer countries like Romania and Bulgaria that he wants to stop, as he claims they are "taking all our jobs" and driving down wages for British citizens.

Employers, like Concept Care Solutions, would argue that Romanians and Bulgarians are needed to fill thousands of UK job vacancies for nurses and care workers and have no choice but to recruit from overseas.

The Immigration Bill passed through the House of Lords last week and will receive the Royal Accent before becoming law or an Act of Parliament and enshrined into the Immigration Rules.

The latest Immigration Bill promises tougher measures on immigration appeals - by removing 17 grounds on which a person can appeal, for instance when facing deportation by the Home Office - and powers to remove revoke British Citizenship from foreign-born terror suspects.

Many people associate immigration appeals and tribunal decisions to allow foreign criminals indefinite leave to remain on Article 8 or right to a family life grounds with the European Union.

It is common misconception that the European Court of Human Rights and the European Convention on Human Rights (ECHR) are EU institutions when in fact they are entirely separate bodies.

Leaving the EU will not change the UK Human Rights Act or membership of the European Convention of Human Rights. The convention was formed in 1959 and has passed 17,000 judgments, half of which concerned 5 countries: Turkey, Italy, The Russian Federation, Poland and Romania - the UK accounted for just over 2% of judgments. Source ECHR website.

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.

UK Visitors Faced Long Queues At London Heathrow After Border Force Computers Fail

Cynthia Barker writes…Thank god it’s Friday! Public holiday on Monday, so looking forward to a long weekend, yippee! Not so great for holiday travellers and UK visitors who faced long queues at London Heathrow Airport following a fault on UK Border Force computers today.

International passengers arriving at a number of British airports have reportedly been told they may have to wait of up to four hours to get their passports stamped. Wow, almost as long as USA immigration!

A Home Office spokesman said: "We are currently experiencing temporary IT problems which may add to the time taken to conduct passport checks.

"We are working to rectify this issue and are providing extra staff to get passengers through the controls as quickly as possible. Our priority remains security of the border.

"We apologise for any additional time this adds to passengers' journeys."

Passengers, most non-EU, reported problems at passport border control desks, largely affecting those trying to enter the country. The non-EU line for immigration control is always jammed full of people waiting to enter the UK and this extra delay will make things even worse.

Hundreds of thousands of passengers go through Heathrow every day and this bank holiday weekend will be crazy. Hopefully things will get sorted out soon.

I have spent many hours waiting for migrant nurses, care workers and students to arrive at Heathrow Terminal 3 and 4. The flights from the Philippines nearly always arrived at 6am! And British Airways always landed early. 

Although I hated getting up in the middle of the night to go to the airport I knew that those arriving on early flights usually faced fewer hassles, such as medical examinations, and were less likely to be detained.

I dreaded having to pick up that dirty yellow phone on the wall to speak to an immigration officer. Still, we won most of our appeals and none of our nurses got deported back onto the flight home.  

Visitors on UK visit visas are not always so lucky. Classic cases are those who arrive on a UK tourist visa from a visa national country, such as the Philippines, Nigeria or India, carrying their CV's and job applications! 

Obviously, the immigration border officer will not believe you are a genuine tourist if your real intention is to work illegally or try and switch visas once you are in the UK.

Other problems occur when visitors fail to declare a relationship in the UK, for instance a Fiance, which will also arouse suspicion when the immigration control office searches your luggage only to find a love letter!

Have a great weekend if you are flying off to somewhere nice...if not, have a boring one at home! Ha ha!

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.

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.

Filipina Care Worker Shown On TV Abusing Elderly Residents

Cynthia Barker writes...Sickening to see secretly filmed abuse of residents in nursing homes and, oh my god...one of the care support workers is a Filipina.

BBC's Panorama showed several carers mistreating, abusing and assaulting vulnerable residents in two large nursing homes.

Residents were filmed calling for help to go to the toilet for hours - whilst staff apparently watched the X Factor - and some were insulted, pulled about roughly and even slapped by aggressive car workers.

One of the workers featured, a Filipino called Lorna, treated frail patients with no regard for their dignity, calling one lady a "bitch", which is totally alien to the culture of care in the Philippines. It's a pity that one rogue can undermine the reputation of the thousands of Filipino workers in the UK who do a fantastic job.

The CQC, the body which regulates the care industry, highlighted staff shortages in one of the nursing homes, which does not surprise me. Nursing and care agencies now have to recruit staff from EU countries like Romania and Bulgaria, despite high unemployment in the UK.

Ever since the Home Office changed the Immigration Rules on work permits employers have struggled to recruit qualified care staff.

Proper training is clearly an issue, as staff are making basic errors and not following safe procedures, such as using a hoist. Care training, such as QCF (NVQ) diplomas in Health and Social Care and Apprenticeships in care, and ongoing mandatory training in moving and handling, are vital to improve standards in nursing homes.

If you need advice on any immigration matter, 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.

Home Office Approves UK Visa for Jamaican Kidney Donor - eventually

Cynthia Barker writes...Good morning from a cloudy Monday in in London. The Home Office finally approved a UK visa application for Keiha Rusthton, the Jamaican Sister of Oliver Cameron, who is suffering from Kidney failure in Britain and will die unless he is matched with a Kidney Donor.

Oliver Cameron, from Stoke Newington in north-east London, has to undergo dialysis three times a day and has been off work for two years whilst awaiting a donor.

His sister is a perfect donor match, was refused a visa to travel to the UK from Jamaica to donate the organ because Home Office entry clearance officer (ECO) felt she would not return home or overstay her visa.

Following a blaze of publicity, the Home Office has since reversed the decision and Keiha has arrived in the UK.

She told BBC News that she has no intentions of overstaying her visa in the UK and has a life back in Jamaica where she has 7 children and a fiance.

British Embassy ECO's are always cautious about issuing visitor visas to applicants from poorer countries where there is little financial incentive to return home before their visa expires.

In this case, what if the donor, god forbid, developed complications and need further treatment? How would it look if the Home Office tried to deport her while she was sick and would die back home?

Whilst I'm sure she has no intentions of remaining in the UK any longer than her visa term, the Home Office has probably had past experience where similar cases have turned into appeals and human rights campaigns to remain in the UK. Many Tier 4 students have come in on temporary student visas and then stayed on in the UK after getting married or having a child, although that was not their original intention when they submitted their visa application.

If you need advice on any immigration matter, 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.