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New Immigration Rules have been passed in UK |
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Monday, 25 February 2008 |
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Under new legislation passed laid before Parliament on 6 February 2008 under section 3(2) of The Immigration Act 1971 under a Statement of Changes to the Immigration Rules new laws have been passed which will have a huge impact on the Punjabi community living in the UK. As of 1st April 2008 amendments will come in force which will affect those who have overstayed in the UK or those are living illegally in the UK and are planning to return to India to get married and apply for a visa. The Home Office has made the following changes:
General Grounds for Refusal for All types of Entry Clearance Applications We are amending the general grounds for refusal in two ways. The first amendment, which will come into force on 29 February 2008, provides that any application in which deception is used should automatically be refused. The immigration rules for Highly Skilled Migrants already stated that any application in which forged documents were submitted should automatically be refused (unless the applicant could prove that he or she did not know that they were forged). Because of the importance of ensuring that immigration applicants tell the truth, we are extending this to all applications, and to all forms of deception (not just the submission of forged documents). From 1 April 2008, we will be amending the immigration rules that govern the way inwhich an entry clearance application should be treated where the applicant has previouslybreached the UK’s immigration laws by: _ Overstaying while in the UK; _ Entering the UK illegally; _ Using deception (e.g. submitting false documents) in an immigration application; or _ Breaching his or her conditions of stay while in the UK (e.g. working illegally). The previous immigration rules on this subject did not cover all the above breaches. Theyalso gave a great deal of discretion to caseworkers, with the potential for inconsistentdecision-making. The new immigration rules replace this by setting out a clear periodduring which a previous immigration offender will have any future applications to comehere refused. Applicants who have been refused entry clearance after having used deception in theirapplications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left attheir own expense) will be refused for the following periods: _ One year if, following their breach, they left the UK voluntarily at their own expense; _ Five years if, following their breach, they left the UK voluntarily at public expense; and_ Ten years if they were removed or deported from the UK following their breach. Where migrants have left the UK at public expense, we will also require them to repay thecost of their departure, once we have introduced primary legislation that allows us to doso. Leading Punjabi UK Immigration Lawyer Harjap Singh Bhangal, who does a weekly TV show on MATV Sky 793 every Friday, stated that these amendments will have a huge impact on Punjabis who are living illegally in the UK. First of all if you are caught in ANY visa application using false documents such as false bank statement or Fardh then you are automatically banned from applying for a UK visa for ten years. Secondly if you are living in the UK illegally and were planning on returning to India to get married to a UK citizen you will automatically be banned for one year before you can apply. If at the airport you are served with Removal Papers (which is common practice at UK airports) then a ten year ban will apply. So despite the fact that you are married to a UK citizen you will not be able to apply to join them for ten years. Anybody removed or deported from the UK will be automatically banned for 10 years. The current procedure and general rule was that illegal people who wanted to get married were usually told to return to their country of origin to apply for entry clearance. This was decided in a famous case called Mahmood. Sometime back the UK government banned illegal immigrants from getting married in the UK. So the only option was to return to India to get married and join the entry clearance queue. However with the new rules the bans imposed will be mandatory not discretionary. Therefore for a removed person the queue for him could be up to 10 years. Mr Bhangal also said that anybody who was considering returning to India to get married should now not go and should make an in-country application. After 1st April 2008 the ruling in Mahmood will now be challenged as the UK Government is potentially seeking to keep a husband or wife separated for up to 10 years from their family. In the current situation illegal immigrants wishing to marry are now in a position where they can’t get married in the UK and now if they do return to India and get married could be looking at a very unreasonable 10 year wait. Mr Bhangal said that a group of lawyers called ILPA, of which he is a member, have written to the Immigration Minister, Liam Byrne, asking him to amend these rules and have advised him of the negative impact these new rules will have. He said “Hopefully the Government will realise what a potential problem these changes will make. Until these rules are clarified this will remain a grey area. In a few months time we should have a clearer picture on the matter”. If anybody has any queries they can contact Harjap Bhangal on 020 8571 6889. Anybody wishing to read the new rules can do so at the following web address:
http://www.ind.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2008/hc321.pdf?view=Binary
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