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Shockingly, 121,000 overstayers could not be contacted because their addresses turned out to be false or out of date, said the report.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.

To Secure Your Future in The UK Only Use A Qualified OISC Immigration Adviser

Cynthia Barker writes…Make sure you use a legal, OISC registered qualified immigration adviser for immigration advice to secure your future in the UK. I've been warning migrants to stay away from illegal, fake immigration advisers for years, yet I still hear stories of migrants being ripped off by crooks.

The OISC (Office of the Immigration Services Commissioner) regulates immigration advisers in the UK. Advisers have to train, pass exams and carry out CPD to keep up with changes in the Immigration Rules. 

You can check the OISC adviser finder to make sure your adviser is registered and qualified at the correct level - for instance, only level 3 firms can handle appeals, bail hearings or detention cases.

It is illegal to give immigration advice in the UK unless you are qualified and registered with one of the regulatory bodies, such as the OISC or Bar Council.

Lawyers can give advice, but often lack the specialist knowledge of the UK Immigration Rules and guidance, which the Home Office change every five minutes!

My Solicitor can tell me everything I need to know about buying a house or making a Will, but would know nothing about lodging a visa appeal against a visa an immigration refusal or how to help an overstayer who has been detained by the Home Office and is about to be deported form the UK.

He would not even attempt to draft an application for indefinite leave to remain, UK citizenship or a spouse visa for an EEA national’s non-EU partner.

By the same token, when I see a client who also needs specialist advice on an employment matter or divorce, I refer them to the right lawyer.

In one case an abused domestic worker for a Middle Eastern family won an out of court settlement of £140,000! He came to me for immigration advice, but we identified further issues with the terms of his employment.

Finally, remember that the fake immigration adviser, or someone pretending to be a lawyer or barrister, will only tell you what you want to hear – they feed on the fact that many of you will believe anything because you want to remain in the UK. Migrants, especially those who have overstayed their visa, are vulnerable and desperate and easy prey for the criminals who steal their money and often never even submit an application to the Home Office.

If you have been affected by Home Office 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.

See also: How to spot a fake immigration adviser

How To Spot A Fake Immigration Adviser

Cynthia Barker writes...Here are my 3 tips on How to spot a fake immigration adviser and how to find a legally registered qualified firm.

Despite my warnings, migrants are still being ripped off by unregulated, illegal 'immigration advisers', sometimes to the tune of thousands of pounds for doing absolutely nothing. 

If you get scammed by a fake adviser, the police won't help you get your money back. They will refer you to the overworked regulator to investigate and prosecute the crime.

Firstly, check the OISC website to see if the adviser and firm is registered to legally offer immigration advice in the UK. It is illegal to give immigration advice in the UK unless you are regulated. Also make sure they are registered at the appropriate level to handle your case - for instance, level 1 firms are not allowed to give immigration advice deal with visa overstayers or illegal immigrants and only level 3 firms can lodge a visa appeal against a refusal.

Secondly, look for obvious signs of credibility, which could also apply to any type of adviser, such as an accountant. lawyer or financial adviser. Does the adviser have an office, landline telephone and website? Do they have proper email address linked to their domain or are they using a Hotmail account? Working from a 'home office' is fine, but they should have an organised office setup. 

Lastly, have they given you a business card, proper written terms and conditions and fee scale outlining their advice and charges (same applies to other professionals)? Will they place your money into a client account until the work has been completed? If you are asked for cash only, run out the door and keep running!

If it sounds too good to be true, it probably is!

Use your common sense. Is the person making wild promises which sound too good to be true? Remember the old saying: "If it sounds too good to be true, it probably is!". If you are in any doubt, get a second opinion before you hand over your hard earned money.

OISC registered advisers are trained, qualified and regulated by a government controlled body. If you use an OISC qualified immigration adviser, you have the back up of a regulator if for any reason you are not happy with the advice.

If you have been affected by Home Office 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.

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.

London Tourists Bring In £19 Billion But More Skilled Immigration Needed To Boost Economy

Cynthia Barker writes...Hey, in an interview with Jeremy Paxman (on his last BBC Newsnight show) today, Mayor Boris Johnson said that tourists visiting London brings in £19 billion!

There's no doubt that the great city of London attracts UK tourists in their millions and is a major contributor to the British economy.

This week, the Home Office extended a scheme to make it easier to obtain a UK tourist visa for the highest spending visitors: the Chinese!

But the boss of Harrods wants the Home Office to go further and make it easier and quicker for all Chinese visitors to obtain UK tourist visas.

Other leaders including New York's Mayor Bloomberg and our own London Mayor believe that the UK needs more than just short term tourists to boost it growth and economy.

Boris has called for an amnesty for UK visa overstayers in the capital, a move which he claims will add billions to the economy in tax revenue, as well as legalising millions of illegal immigrants living on the fringe of British society.

Businesses wants more skilled and highly skilled immigration to fill UK job vacancies and give the country the people and brains it needs to fuel growth and create jobs. But the government has imposed a cap on non-EU immigration and wants employers to recruit from within the EU or EEA - not as easy as it sounds when other countries, such as Germany and Norway, are also competing for skilled labour including nurses and doctors.

Skilled nurses and doctors are desperately needed to keep our hospitals and care homes staffed and safe for patient care, which is why companies like Concept Care are recruiting nurses from overseas for the NHS this year in countries like: Romania, Bulgaria, Croatia, India, China, Finland, Latvia, Ireland, Spain, Portugal and the Philippines.

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.

NHS Hospitals Recruiting Non-EU Nurses For UK Job Vacancies

Cynthia Barker writes...Phew, what a long day! I'm exhausted but feel great that I have achieved something worthwhile.

Started the day with an early presentation with Concept Care's team at a London NHS Trust, which wants to recruit international nurses, midwives and AHP's (allied Health Professions). such as Physical Therapists and Occupational Therapists.

Interestingly, the NHS Trust has tried recruiting from the EU (Spain, Portugal, Romania and Bulgaria), but need far medical more staff going forward and will look at employing non-EU nurses from countries such as India and the Philippines.

Many hospitals have tried Europe but failed to recruit the required number, as well as finding that the level of English was not quite up to scratch.

Other Trusts have gone further afield to the Philippines to recruit Filipino nurses.

Went straight from the NHS recruitment presentation to the Philippine Embassy in Trafalgar Square where I met with the Labor Attache and Consul to discuss the POEA requirements for hiring overseas Filipino workers (OFW's) for UK jobs.

We also discussed job opportunities for the thousands of qualified nurses already in the UK, for instance on student visas, who are presently working as carers, but would like to get back into nursing. Send us your CV!

The embassy was, as usual, packed with OFW's applying for various documents while networking and watch TFC - The Filipino Channel in the reception!

Was asked by several people about NMC (Nursing and Midwifery Council) requirements for nursing in the UK, as well as what to do if someone has overstayed their visa.

Anyone with a nursing degree and 1 year's clinical practice who wants to work as a nurse in the UK should check my previous blog on NMC requirements for overseas nurses.

You will need an English language level of IELTS 7.00 if you are a non-EU nurse. EU nurses have no English language requirement!

Visa overstayers should book a consultation with an OISC registered immigration adviser to look at their options for regularising their stay in the UK.

I was in sunny London very close to Buckingham Palace where the Chinese Premier was visiting the Queen and David Cameron to discuss a multi-billion pound investment into the UK in return for easier visas for Chinese visitors.

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.

NHS Recruiting Non-EU Nurses For UK Job Vacancies

Cynthia Barker writes...Phew, what a long day! I'm exhausted but feel great that I have achieved something worthwhile.

Started the day with an early presentation with Concept Care's team at a London NHS Trust, which wants to recruit international nurses, midwives and AHP's (allied Health Professions). such as Physical Therapists and Occupational Therapists.

Interestingly, the NHS Trust has tried recruiting from the EU, but need more staff going forward and will look at employing non-EU nurses from countries such as India and the Philippines.

Went straight from the NHS recruitment presentation to the Philippine Embassy in Trafalgar Square where I met with the Labor Attache and Consul to discuss the POEA requirements for hiring overseas Filipino workers (OFW's) for UK jobs.

The embassy was, as usual, packed with OFW's applying for various documents while networking and watch TFC - The Filipino Channel in the reception!

Was asked by several people about NMC (Nursing and Midwifery Council) requirements for nursing in the UK, as well as what to do if someone has overstayed their visa.

Anyone with a nursing degree and 1 year's clinical practice who wants to work as a nurse in the UK should check my previous blog on NMC requirements for overseas nurses.

You will need an English language level of IELTS 7.00 if you are a non-EU nurse. EU nurses have no English language requirement!

Visa overstayers should book a consultation with an adviser to look at their options for regularising their stay in the UK.

I was in sunny London very close to Buckingham Palace where the Chinese Premier was visiting the Queen and David Cameron to discuss a multi-billion pound investment into the UK.

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.

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.

New Immigration Act Will Tighten Screws On Illegal Immigrants And Cut Human Rights Appeals

Cynthia Barker writes...Just getting ready for a live interview with a Manila radio station which wants to know how the new Immigration Act will affect Filipinos in the UK.

For the vast majority of Filipino British residents who are here legally, for instance the many thousands of nurses and care assistants who work in the NHS, the new laws will have little effect - except perhaps those who want to marry or enter into a Civil Partnership.

However, the new Act, which received the 'Royal Assent' on 14th May, will make life tougher for illegal immigrants and visa overstayers in the UK, the Home Office hopes.

New laws will force landlords to check the immigration status of tenants and banks to check a database for immigration offenders before opening an account.

The million plus illegal immigrants said to be in Britain will also find it more difficult to obtain a driving licence, as links between the Home Office and other government departments are strengthened.

What next? Perhaps we will have to show our passport before we get on a bus or train? Or those previously dropped plans to introduce mandatory ID cards for everyone will make a comeback?

How about getting Tescos to scan your passport along with your Clubcard to stop visa overstayers eating?

The government also wants to clamp down on 'medical tourism' and abuse of the NHS by making temporary visa applicants, such as students make a contribution to the UK health service.

There is one government department which doesn't seem to mind whether or not you are legally in the UK: HM Revenue and Customs! HMRC will take your tax, no questions asked, even if you are working in the UK illegally. However, the employer could be fined £10,000 for employing an illegal worker.

Even us immigration advisers will be subject to stricter controls as the OISC regulator is given new powers to clamp down on advisers who submit 'no hope' further leave to remain applications to the Home Office, which according to the government clog up the system and waste public money.

The Home Office hopes the new Act will reduce Human Rights appeals and Article 8 'right to a family life' claims allowing foreign criminals to remain in the UK. Overstayers will be deported first and have to lodge their appeal in their own country. Immigration detainees will be prevented from lodging endless bail hearings once they have been refused.

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.

Report Says Yarl’s Wood Immigration Detention Centre Held Women For 3 Years, But Is It Their Fault?

Cynthia Barker Writes...Good day, just got another Home Office approval - UK visitor visa to indefinite leave, despite bad previous advice. A new damning report on Yarlswood claims the immigration detention and removal centre is 'not fulfilling its basic function' and that some women have been detained migrant overstaying women for long periods without deportation or release.

According to data from the Independent Monitoring Board, one immigration detainee was held at for three and a half years before bailed on temporary release at the centre designed for temporary stays prior to removal or deportation from the UK.

The Yarl’s Wood website shows a customer friendly picture of a smiling Centre Manager making the following reassuring statement:

“Caring and supporting those held in Detention at Yarl’s Wood is at the forefront of all our policies, procedures and actions” Norman Abusin, Centre Manager, Yarl’s Wood.

The IMB’s Annual Report for 2013 revealed that, whilst the majority of women were held for 30 days or less, a worrying number were detained for much longer periods.

Migrants can be detained for extended periods whilst their cases are being considered by the Home Office or awaiting Tribunal appeals or appeals to higher courts.

Yarl’s Wood is effectively a type of prison run by a private company, SERCO, for the Home Office.

Like any prison, the management has no influence over the outcome of an overstaying migrant’s appeal against a visa refusal or Home Office decision, so if people are detained for any length of time it is the immigration system that is failing.

The complaint put forward in the report is as ludicrous as the governor of a prison deciding to release a few convicts because they have been detained for a long time!

The reports said that at least six female detainees were held for more than a year and three for more than eighteen months. Again, the detention of a migrant, in most cases for overstaying a visa, would have been pending the outcome of an appeal to remain in the UK – at the end of the day, people are free to leave the UK at any time.

Bedfordshire News reports that last month a UN special rapporteur claimed she was 'blocked' from visiting the immigration detention centre on a recent trip to the UK. 

Rashida Manjoo began her investigation on 31 March, the day after Jamaican Christine Case, 40, died inside Yarl's Wood. At the time a high-profile campaign failed to prevent teenage student Yashika Bageerathi being deported from the UK to Mauritius days later.

Once again, deportation decisions are made by the Secretary of State or Home Office and the outcome or a legal challenge or appeal against removal from the UK by the courts, not Yarl’s Wood or SERCO.

We have dealt with many appeals for overstayers, who have normally been detained after being picked up by immigration officers, and the cases are very sad. Families and partners are often torn apart and people who just want to work are deported while violent convicted criminals are allowed by appeal judges to stay in the UK and given indefinite leave to remain. 

To end on a happier note, in one appeal case, our student client - who was in a relationship with an EEA national - was literally taken off a deportation flight to Nigeria minutes before take off! That was far too close for comfort! Anyway, must dash...just off to take a friend's Daughter to Wembley to see One Direction! Wish me luck.

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.

Foreign Criminal Wins Human Rights Appeal To Remain In UK Indefinitely As Immigration Judge Stops Deportation

Cynthia Barker writes...Yet another convicted foreign killer has successfully appealed to win the right to remain in the UK indefinitely on the basis that human rights under Article 8 would be breached if he was deported and separated from his extended family in Britain, Immigration Judges have ruled against the Home Office.

The Immigration Judges also granted the Somali man anonymity and he can only be identified by the initials MAI. The man had been sentenced to a five year stretch in Prison for manslaughter and also has a string of other violent criminal convictions.

At the Upper Tribunal last month, Immigration Judges ruled that MAI’s rights under Article 8 of the European Convention on Human Rights (ECHR), which preserves the right to "private and family life", would be breached if the Home Office deported him back to Somalia.

His immigration lawyers also claimed he would be attacked in his homeland by relatives of the man he killed, a further breach of human rights laws since his life would be in danger.

Doesn't the victim also have relatives here in the UK? And perhaps he should have thought about the dangers of revenge killing before he took his victims life?

Following a series of convictions including Home Secretary Theresa May attempted to deport MAI in August 2012 on the grounds that it would be “conducive to the public good” because of his violent history.

MAI appealed to the lower tier tribunal of the Immigration and Asylum Chamber, which overturned the Home Office deportation order on Article 8 grounds.

MAI said would be the target of a “blood feud” by the family of the FA, who he killed in Cardiff in 1997, who was a member of the Somali Habr Awal tribe.

The Home Office appealed against the lower tier tribunal’s judgment arguing the court had “attributed insufficient weight to the public interest” and that MAI was a “persistent offender”.

At the upper tribunal in April, Judge Nicholas Renton upheld the earlier ruling, blocking MAI deportation from the UK.

The ruling stated:

“The panel found that the appellant had a family life in the UK with his mother, his adult siblings, and his niece, nephew and cousins.

“The appellant also had a private life. The panel concluded that the interference with that family and private life as a consequence of the appellant’s deportation was not proportionate.

“In reaching that decision the panel found compelling and therefore exceptional factors in the appellant’s favour being the fact that excluding the time spent in prison, the appellant had lived in the UK for over 20 years.”

Home Office spokesman said they would appeal against the decision.

A Home Office spokesman said: “We firmly believe foreign nationals who break the law should be deported and we are appealing the tribunal’s decision.

“Under our Immigration Bill, those with no right to be here will not be able to prevent deportation simply by dragging out the appeals process.

“The Bill will reduce 17 rights of appeal to four, and give the full force of law to our policy that foreign criminals should be deported despite their claim to a family life.” 

Whilst this type of human rights judgment in not uncommon, in the case the man is unmarried and has no children. MAI, aged 38, claimed he should not be deported by the Home Office as it would breach his human rights to be separated from his mother, adult siblings, and other family.

I have seen Tier 4 students deported for overstaying their visas even though they had British parents and extended family in the UK. In some cases the students, often from Filipino families, were unwilling to appeal or fight their removal orders from the Home Office.

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.

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.

How To Waste £500 Million On 'e borders' System That Cannot Control Immigration Or Visa Overstayers

Cynthia Barker writes…Unbelievable! The Home Office has blown £500m on a computer system for its ‘e-Borders’ control programme - to check everybody coming in and out of Britain – but ministers have now admitted that it cannot estimate immigration.

Home Office official told MPs on the Public Administration Select Committee (PAC) that data from the programme, which took 10 years and half a billion pounds to build, cannot be used to replace the existing methods of estimating net migration to Britain because it does not collect information about whether passengers are long-term migrants or just visitors or tourists.

What? Did someone forget to ask that question? Hello!!!

The Home Office are saying that it would be illegal under European Union legislation on ‘free movement’ to ask passengers how long they intend to stay or their purpose in entering the UK. Another example of how EU and EEA rules help immigrants. However,since EU/EEA migrants are only allowed to stay in the UK for 90 days without exercising treaty rights, for instance as a self-employed worker, self-sufficient person or student, it would seem logical to ask the question at the border?

The truth of the matter is the Home Office has no idea exactly how many illegal immigrants or visa overstayers are in the UK because there is no system to count them in or out. I recently put this question to Theresa May, the Home Secretary in charge of the Home Office, when I met her. She admitted that there have been problems with border control going back over 15 years, but said the e borders scheme will be operational by 2015.

There have been various estimates that there are between 500,000 and 750,000 overstayers in the UK. The ippr (Institute for Public Policy Research) said it will take 20 years and £5 billion to track them all down and deport them. Let's face it...it's not going to happen, so we need to start looking at workable plans to deal with the situation such as a legalisation programme for overstaying migrants - as long as we don't mention the unmentionable word "amnesty"!

Even when an overstayer is picked up by the Home Office (usually after a tip-off) they can appeal against a removal order on human rights 'article 8' or 'right to a family life' grounds if they own a cat (not really unless you believe the Daily Mail) are in a relationship, or especially if they have children. The same law applies even if you are a convicted murder or rapist - a Jamaican killer was allowed to stay because he said he was gay! Illegal immigrants often spend months in detention centres, at great cost to the government, only to be released on appeal and eventually granted indefinite leave to remain (ILR) or permanent residency in the UK.

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.

Migration Routes to UK

Cynthia Barker writes...good morning all from sunny UK. Following yesterday's fantastic London Marathon a leading world ranked female athlete is 'on the run' (excuse the pun) after disappearing hours before her scheduled flight back to Sierra Leone.

Mami Konneh Lahun, 24, last seen after finishing the 26.2 mile race in 20th place, was due to return home today, but failed to show up for her flight home.

The London Metropolitan Police put out an appeal when the runner failed to return to her temporary accommodation  in Greenwich yesterday.

Although athletes are normally allowed into Britain to compete on a temporary visa, this would not be the first time that a competitor from a third world country has refused to return home and subsequently lodged claim for asylum in the UK.

Whatever the grounds for a asylum, the days when it would be relatively easy to arrive in the UK on a visitor visa, claim asylum and then stay here for years until the Home Office got around to looking at their case, and if refused (as most are) lodge a series of appeals funded by legal aid, are long gone.

The Home Office now 'fast track' claims within months, however, thousands of people have been granted a type of amnesty under the 'legacy' (or lost) cases, some of which had been hanging around for 10 years or more.

The 14 year 'long stay concession' no longer exists, which means an illegal immigrant or visa overstayer must wait 20 years before applying indefinite leave to remain (UK residency).

Migrants who manage to remain in the UK legally for 10 years, for instance on a student visa, can still apply for residency.

If you are considering coming to the UK, you can still look at Tier 2 work permit routes, Tier 1 highly skilled and entrepreneur visa or under a Tier 4 student visa.

Those with relatives who are UK residents or EEA nationals may have other options under family migration routes.

With a wide range of migration routes to the UK, it seems strange that many migrants still seek 'back doors' methods or pay thousands of pounds to traffickers to transport them halfway across the world on the back of a lorry.

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.