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.

Filipino Domestic Workers Still Abused But Visa Concession Protection Removed By Home Office

Cynthia Barker writes...Hi from a cloudy but warm London. Tony Blair's government introduced the 1998 Domestic Workers Visa concession to protect victims of abuse from employers. The immigration concession allowed domestic workers, many of whom were Filipino, who escaped from abusive employers to switch their visa to another employer and eventually obtain ILR (indefinite leave to remain - UK permanent residency) in Britain.

The humane safety net has been pulled, and workers now enter the UK on temporary visas tied to their employers. This means the worker is at the mercy of the family and they can no longer switch visas whilst in the UK - even if they are abused.

In a new report, 'Hidden Away Abuses Against Migrant Domestic Workers In The UK', published by Human Rights Watch, the UK government has been slammed for not doing more to protect abused domestic workers. Many domestic worker still come from the Philippines and are brought into the UK on temporary visas by their foreign employers often from the Middle East or Hong Kong.

I have personally helped many runaway victims extend their domestic worker visas with decent employers. Even though they are now British Citizens, most of them still work for the same employer. This is because the employer is paying them very well and they live in some of London's most exclusive addresses!

Some of the workers brought in by overseas employers were either paid a salary they would have received back home, and in some cases nothing at all - despite the fact that their employers were billionaires.

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

UK workers must be paid at least the minimum wage or preferably the ‘living’ wage and they have the same rights as British workers. Unfortunately, under the current temporary visa system we have no way of enforcing these regulations or protecting the migrant worker.

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.