Indian-born businessman Lord Bilimoria, the creator of the Cobra Beer brand who accompanied David Cameron as part of the largest ever trade delegation to India in February, tells HARDTALK’s Zeinab Badawi that the British government must take steps to curb illegal immigration whilst also attracting the finest academic and business talents.
See BBC interview – http://www.bbc.co.uk/news/world-radio-and-tv-21753219
Overstaying and breaching the terms of your visa, for instance illegally working whilst in the UK on a visitor visa, are criminal offences which could carry a fine or prison sentence. In practice, the Secretary of State or UK Border Agency (UKBA) will seek to remove or deport you from the UK rather than keep you in prison.
Immigration Matters receives a large number of enquiries from visa overstayers and students who have been detained pending Administrative Removal under ’section 10′ from the UK within 72 hours.
Immigration Matters readers know that human rights laws are not, as the tabloid press would have you believe, just there to protect foreign criminals and terrorists.
Immigration Law Practitioner Cynthia Barker noted that the government are not just getting tough on hard criminals, but on all immigration cases involving human rights issues or even minor convictions, cautions or CCJ’s for debts.
“It is not just foreign criminals and terror suspects who are being targeted for removal and deportation, which the public would largely support.
“New guidance has also been introduced by the UK Border Agency last year to refuse further leave to remain applications for migrants who have received a minor conviction (e.g. a for not paying the correct fare on the train) or minor caution from the police and even a County Court Judgment (CCJ) for an unpaid debt.
“I am seeing a lot more clients who have been refused visa extensions, indefinite leave to remain and British Citizenship for one small slip up in the last 5 years.”
“The harsh refusal decisions by the UK Border Agency are leading to more appeals in the First and Upper Tier Tribunals, as well as Judicial Reviews.
“We recently won a human rights appeal, in which a Filipino care manager, who had been in the UK on a work permit for 5 years, and her three children were issued with removal orders by the UKBA following a refusal based on a minor conviction for an Oyster card offence.
“In his determination, the judge allowed the appeal on human rights grounds and proportionality rather than on the Immigration Rules.”
Some migrants who find themselves under arrest are coerced into signing a Police caution for an offence, for which they have not been prosecuted and convicted for in a court of law, without realising that it could affect their immigration status further down the line.
The caution will stay on your record and be treated in a similar way to a full conviction by the UKBA, unless you later apply to have it set aside.
If you are arrested and detained for any alleged offence you are entitled to legal advice. DO NOT sign any forms, removal documents, Police cautions without first seeking advice.
If you have been arrested or detained, 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: