the Law Update on UK Immigration

if you were to Read this carefully you will understand the sneaky ways that they are trying to bring in new rules and change the previous rules to make things difficult for immigrants!

The crisis that is still ongoing in Europe and Calais has brought a lot of focus on the issue with the laws on Immigration in the United Kingdom and most likely other parts of Europe. As a lot of persons attempt to bulldoze their way from Calais into Britain the government of this country has shown their response by promulgating new laws on Immigration and introducing proposals for more changes in an attempt to get migration managed.

 

Working under her authority that was delegated, Theresa May the Home Department’s Secretary of State made an announcement on July 13th, 2015 of the Statement of Changes to her department’s rules on Immigration HC 297. The laws which are new are being introduced in phases in this Statement of Changes. On July 14th 2015 a few of the new rules are going to become enforced, while on August 3rd 2015 others will be enforced and on November 11th 2015 the remaining will come into force.

 

Aside from this, further proposals have also been laid out by the Government for Immigration Law changes in a new Bill on Immigration which in the next couple of weeks would be introduced. According to James Brokenshire the Immigration Minister the measures which were brought into practice by the Immigration Act 2014 last year are going to be enhanced by the new Immigration Bill 2015. The Immigration Act 2014 was looked at in detail by an article that was published in September 2014 on this website.

 

As can be imagined by anyone, the Immigration law changes for this year are just too much and capable of making the head of any person to spin. The law on Immigration has turned into that UK law area that is complex where both Lawyers and Judges cannot display confidence with regards to what at any given time are the rules because every other day the changes just seem to continue coming. It is impossible to tackle in this one article all the proposals and changes. This is why for those who would want to go through the system of British Immigration it is advisable that they conduct their research properly.

 

WHAT CHANGES ARE THERE?

  1. APPLICATIONS FOR BRITISH CITIZENSHIP

In this area the development that is recent is that invitations are being made by the Home office to people making applications for naturalization as Citizens who are British to be in attendance at interviews prior to their applications being given a final decision. This is not a change in law per se but a change in practice.

 

The power to make invitations to applicants had always been possessed by the Home Office. In the past however it was only in cases that were rare that an invitation to attend an interview would be made to an applicant in an application of naturalization because these applications had always been straightforward. In the last few weeks however there seems to be that it has now started to turn into the procedure that is standard as the policy of the Government has changed with regards to approving applications for British Citizenship.

 

During the interview the requirement would be for applicants to communicate not making use of any interpreters. On this website two previous articles which were published took a look at the changes for the British Citizenship application requirements. Aside from having met other requirements, an applicant for British Citizenship should be able to show that they are good in character.

 

Changes were made to the requirement of ‘good character’ in December 2014 so that a number of factors could be taken into by the Home Office when an assessment was being made with regards to the meeting of this requirement by an applicant. Since then, British Citizenship applications in a record number have been turned down on the grounds of good character. The reasons for refusing a few of these applications were simply silly. This made a lot of individuals to have the decisions of the Home office challenged.

 

There has been rumours that the Home Office has been overwhelmed by the challenges that are legal which have been sent to them as a result of their refusing naturalization applications. Based on this, at the Home Office there is presently this practice change as invitations are now being given to applicants for interviews prior to their cases being given a decision.

 

A mission that is for finding out facts is the intention of the interview which would assist in having more information obtained by the Home Office from an applicant prior to their making a decision on the character of the person. The hope is that the Home office through the interviews would make decisions that are informed rather than using suspicion and assumption as the basis of their determinations. This is a development that is good in my opinion because during the interviews it will assist in clarifying issues by the applicants and lead to decision making that are hopefully of better quality in the Home Office.

 

Please take note that if it does not deem it to be necessary an individual might not be invited to an interview by the Home Office. The decision on who is going to be invited would be up to the caseworkers based on the case’s facts but we have observed that in the quantity of applicants there has been an increase for those who are being asked to be in attendance to naturalization matters’ interviews.

 

Perhaps the realization has now occurred to the Home Office that it requires additional details from applicants prior to having their decisions made in order to reduce and avoid the quantities of challenges that are legal which it is now attending to because of refused applications for naturalization. It is advisable to look for advice that is legal before going to the interview if you get an invitation to one.

 

  1. IMMIGRATION RULES HC 297 STATEMENT OF CHANGES

If you are a student from overseas in the United Kingdom or in the future you plan on becoming one this statement is the statement you should look out for. On the website www.gov.uk is the website where it can be accessed or simply by tying on Google ‘Statement of Changes in Rules of Immigration HC 297’. In this statement the new rules for students are very comprehensive. It would be impossible to list out all of them in just this single article.

 

In summary, students from abroad who are undergoing studies in colleges that are publicly-funded will not be permitted to be employed while they are studying in the United Kingdom. Students of colleges are entitled to being employed for not more than 10 hours weekly during the time of the term and during vacation for full time. The rules which are new have taken away from them this entitlement. Please take notice that these rules are for students of colleges undergoing additional courses of education at colleges which are publicly funded. The rules are not applicable to students of universities who are undergoing studies fro degrees.

 

Now capped to 2 years from 3 years is the number of years in college that a student can spend for higher education in a college. It would not be possible to switch into a visa for work or other routes that are based on points if you are a student without first going out of the United Kingdom except they are in studies at a college which has recognition by the Home Office as a college which is embedded and provides programmes that have pathways with designs to have students prepared for gaining entrance into a course in higher education.

 

There are equally additional changes to the requirement for maintenance for anyone making applications for leave to come into or stay in the United Kingdom as a student equally as other rules on clearance entry dates of commencement. The student rules changes are very comprehensive so once again it is advisable for anyone making such application for these types of visa to conduct their research prior to having these applications made.

 

  1. THE NEW BILL ON IMMIGRATION

It is well known that this bill is simply focused on the creation of an environment that is hostile for anyone who wants to reside without valid leave to stay in the United Kingdom. For so many years, it was possible for individuals to reside in the united Kingdom without valid leave to stay but now the announcement by the Government is that it is focused on ensuring that it is a thing that is now in the past.

 

The new bill on immigration which in this autumn would become a law will make it an offence that is criminal for any landlord to put a property for rent to any individual who does not possess a leave to stay in the United Kingdom that is valid. Based on the suggestions which will exist in the Bill on Immigration, the expectation is that tenants who are illegally in the United Kingdom or those whose permission to stay in the United Kingdom has lapsed would be evicted by Landlords. Landlords would be exposed to prosecution where they failed to do so, as well as a term of imprisonment or payment if they are convicted. Presently, in order to evict a tenant a landlord would require an order of eviction.

 

The measures that the Immigration Act 2014 introduced which caused landlords to be liable to the payment of a fine that is hefty whenever their property was rented to people who had leave to stay in the United Kingdom that were not valid are supposed to be enhanced by this proposal. The understanding is that the laws which are new could make the possibility for the eviction by a landlord of people who do not possess leave to stay in the United Kingdom without the order for eviction.

 

However, at this stage there is still no clarity with regards to how in practice the new law would perfrom. A Landlords Checking service is going to be operated by the Home Office so that if in doubt the status of their tenants can be checked directly by landlords with the Home Office.

Anyone being employed in the United Kingdom without a leave to remain or enter into the UK that is valid is going to now be faced with jail sentence for being illegally employed. A new offence that is criminal of unlawful employment will permit emoluments to be seized as proceeds of crime by the government. Any person who gets prosecution for this offence that is new stands to face not less than 6 months imprisonment and a fine that is unlimited in Wales and England. For having in their employment people who do not possess leave to stay in the United Kingdom which is valid an employer is going to also face jail. In this situation the businesses of employers might also be closed.

 

This coming autumn once the Bill on Immigration has been promulgated, we are all going to have a picture that is clearer of the extent that government is planning on making an introduction of with its changes. What is already quite clear is that the entire system is being shaken up far beyond what was thought possible by any individual by the Conservative Government.

Please take notice that this write up does not intend to make a provision of any legal advice that is direct to the individual cases of people. Please look for advice from an expert if you think that the reforms to the Immigration Law in the United Kingdom would affect you.