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A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS | Immigration Matters

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 Categories : News

 

As we welcome the New Year with our hopes and dreams, 2012 will surely be remembered as one of the toughest years for non-EU migrant workers, partners, spouses and students in the UK.

The UK Border Agency (UKBA) has introduced massive rule changes, clampdowns, crackdowns and shutdowns (of private colleges), all designed to basically get rid of more non-EU immigrants, their partners and students.

In 2012 we have seen the introduction of new ‘minimum £18,600’ income Immigration Rules on spouse visas, the abolition of the Post Study Work Visa along with various appeal rights against visa refusals.

The 14 year illegal long stay concession was also abolished, although the 10 year legal stay route (assuming you can manage to get your leave to remain renewed as a student) remains.

While EU migrants are shown the red carpet with access to housing and benefits, Filipinos and other non-EU citizens are being shown the red card and told in no uncertain terms that they are no longer welcome in the UK.

Hundreds of private colleges have been closed down or have gone out of business as they can no longer compete with government colleges and universities, whose students exclusively still have the right to work 20 hours a week.

Renewing a student visa is becoming a nightmare with colleges and universities scared to issue a CAS for a variety of circumstances sometimes directly caused by the UKBA’s actions.

For instance, one of my clients had been refused further leave as a student six month after submitting his application. The CAS for the government college had been cancelled and by this time his visa had obviously expired. When he tried to reapply his college refused to issue a new CAS, you guessed it, because his visa had expired!

After some intervention by me the college eventually re-issued a CAS and we renewed his visa, however, the UKBA wanted to get rid of him and his £5,000 fee payable to a government college.

Last year the Government introduced a change to the settlement rules for work permit holders, which has hit many migrant workers this year. You must be paid a certain salary in order to qualify for indefinite leave (ILR), as specified in the Tier 2 Codes of Practice, otherwise you could be refused.

Refusals rates for visas and renewals seem to be increasing. We are dealing with a number of appeals for clients who have been wrongly refused or in some cases where they have failed to declare a minor conviction or judgement.

More people are being detained and deported for overstaying their visas and private firms are now harassing people by text message.

The good news is that the appeal tribunals and immigration judges are still here to protect you against unfair decision by the UKBA. We have dealt with a number of appeal cases where independent judges have ruled against the Government.  

I would like to take this opportunity wish you all a happy and prosperous new year!

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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About

Cynthia Barker is an Immigration Adviser and Co Author of the book: How 2 Come to the UK to Live Work Study or Visit. Cynthia writes a regular immigration column for Planet Philippines and Europhil Journal.

15 Responses to “A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS”
Read them below or add one

  1. […] A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS […]

  2. Hi..
    I want to know about the changes of new rule of uk border and student work permit of private college

  3. william says :

    I am applying for my ILR dis year. Since I am holding a spouse visa granted last 2011.What Immigration rules fit in my application the old one or new?

  4. […] A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS […]

  5. This is a common problem and students who want to study in the UK are being sent home, along with their money, because colleges and universities are blocked by UKBA rules from issuing a CAS.
    Why are we getting rid of fee paying students during a recession?

  6. folarin says :

    my school refused to give me a CAS letter for my renewal, because they wont be able to prove progression on my education my visa expired October 31st last year and my results where due in December, i got in touch with a law firm who then sent a letter to the home office asking that i be allowed to make an application after my results come out, we have had no response from the home office since then, even after 3 more letters to them, i need your advise, i have a child here who is 16 months and my mum and other siblings are all British

  7. Hi, happy new year. Please i want to know how long a discretionary leave under family life can take if you have a pending application with the home office and also if a person that has a pending application under discretionary leave can work while awaiting a decision from ukba. Thank you in anticipation of your response.

    wumi

  8. This is a common reason for refusal. You have a limited time in which to sort this out. You should contact a specialist adviser. Try Bison UK Immigration – 0208 905 1922. They have successfully handled a number of dependant visa appeal cases in the Philippines.

  9. Elena de guzman says :

    Hi,happy new year to all!I need help regarding my 17 year old son from Philippines.I want to bring him here in U.k.He was refused about three years old,for the reason that he was with his father when tour marriage Annullment granted by court.home office said,why i need to bring him over if he can stay with his father.but the thing is he was abandoned by his father for 5 years now and his staying with my parents which are quite old now and sick.but eversince im sending money to my son.what can i do?please help me.Thank u and god bless !

  10. Bison UK Immigration 0208 905 1822 the above number is wrong

  11. […] A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS […]

  12. Suggest you contact a specialist adviser. Try Bison UK Immigration – 0208 905 1922.

  13. Hi.
    My self arrested by UK agency border now wait
    No passport over staying 5 years 3 months in UK.
    Please contact.

  14. […] A TOUGH YEAR FOR NON-EU MIGRANTS, PARTNERS AND STUDENTS […]

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