MPs have warned that unauthorised and potentially lethal restraint techniques may still be being used to carry out immigration deportations despite assurances from the UKBA and its private contractors. A commons home affairs select committee inquiry into the treatment of people being deported also found evidence of a racist culture among private security escort staff and a “too cosy relationship” between the UKBA and its private contractors.

The inquiry followed the death of Jimmy Mubenga whilst he was being deported from Heathrow to Angola back in 2010. Three of the G4S Security guards escorting him were arrested and are still under police investigation.

The report said that the Home Office need to issue urgent guidance on the danger of unauthorised restraint techniques that involve bending someone’s head forward whilst they are in an aircraft seat.  Both the UKBA and the contractors have denied that any techniques to hold the neck or keep the head down were used.

The removal process was also hit with problems such as overcrowding partly because staff were “bored” and “didn’t have anything to do”.  The report by the Home Affairs Select Committee said the case raised concerns about the number of staff, contractors would sometimes use on escorted removals and the cost to the Home Office as a result. It was found that more than 100 staff were used to escort just 35 illegal immigrants on a flight back to Jamaica.

It sounds like the UKBA have a lot of questions to answer.

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We have had a noted increase in enquiries about refusals of visit visas.

There seems to be a misconception, with some clients, about a visit visa being one of the easier visas to secure. Perhaps this is because it is not a settlement visa and they assume
an entry clearance officer may be less concerned about it?

This is entirely the wrong approach to take. Visit visas seem to be the most common visas that those who overstay, enter the UK with. This used to be shared with the old style student visa, but this is becoming less frequent under the points based system and the regulating of Tier 4 sponsor colleges and universities.

It is increasingly becoming more important to get the supporting documents you submit with your application right the first time. This will prevent any future applications being
prejudiced by a refusal and the wasted time and costs for you of pursuing an appeal.

The criteria that most applicants fail to meet are:

-not showing sufficient evidence of their ties to their country of origin to demonstrate they intend to return home at the end if their visit

-not showing sufficient funds available to them to maintain themselves throughout their proposed stay

We have found that some clients ignore the parts of the rules they feel they cannot meet or simply don’t knowhow to meet. Again, this is entirely the wrong approach to take and is likely to result with a refusal.

Each rule must be satisfied in order for a visa to be granted. It is only when clients come to us with their refusal and we advise them where they went wrong with their evidence that they understand the meticulous and thorough preparation required to make a successful application.

What clients may also like to consider is the new appeal fee system in place – as of 19 December 2011, the majority ofappeals of a refusal made after this date will attract a fee (save for thelimited types this does not apply to).

If you don’t prepare their application fully the first time round, not only may your holiday be delayed, but much of your holiday money may be taken up with legal costs.

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Yesterday, the UKBA made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system for spouse or partner applications. The following changes were made:

 

 

  • for City & Guilds tests, the documents required for a migrants application have changed
  • City & Guilds tests now show ‘pass’ and there is a separate English language test for spouse/partner applications
  • ETS have changed the way that the scores for their TOEFL ibt (internet based test) map against the Common European Framework of Reference (CEFR)
  • the ETS TOEFL ibt (internet based test) now includes scores for spouse and partner applications.
  • there is a change to the web address for the TOEIC (The test of English for international communication) English language test
  • Cambridge ESOL (English for speakers of other languages) have amended the title of one of their tests from ‘International Legal English Certificate’ to ‘Cambridge English Legal’.
  • for Cambridge ESOL tests the minimum grade requirements are clearer.
  • TrinityCollegetests now have a 2 year expiry date.
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Today many of our friends in Scotland will pay tribute and celebrate Robert Burns’ birthday many holding Burns Suppers.  The Poet Laureate of Scotland was known as ‘a sociable, friendly, honest man’, He preserved a number of ancient Scottish and Celtic songs, including the New Year’s favourite song  “Auld Lang Syne” meaning “Old Long Ago”, a 5 verse poem written in 1788 about love and friendship in times past.

Should auld acquaintance be forgot, And never brought to mind? Should auld acquaintance be forgot, And auld lang syne!

Chorus.-For auld lang syne, my dear, For auld lang syne. We’ll take a cup o’ kindness yet, For auld lang syne….

The traditional Burns Supper includes haggis, the Scottish national dish, and “bashed neeps” a wee dram of or two of whiskey, recitals of his poetry and traditional Scottish dancing. . 

Happy Burns Night!

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Below is a copy of a letter from Neil Hughes, National Lead for Temporary Migration at the UK Border Agency concerning changes to the booking system for biometric appointments.

Dear Sponsor

Upcoming changes to replace postal biometric appointments and Biometric Residence Permit help lines with online services

As part of the agency’s strategy to move our services online, we are replacing the telephone biometric appointment booking service for postal applicants and the telephone BRP management and verification services with online services.   

Postal biometric appointment booking service

From 1st February, customers will be able to book postal biometric appointments online.

Before booking an appointment, customers will need to register to use the service by creating a customer account. They will need a valid email address to create an account. They will then be sent password details, which will allow them to access their account and book their appointment. 

Customers can register by accessing the APPLY ONLINE page on the UK Border Agency website: www.ukba.homeoffice.gov.uk  or by following the link below.

http://www.ukba.homeoffice.gov.uk/book-appointment

Family groups of 12 people or more cannot currently use the online booking service.  They must call the Immigration Enquiry Bureau on 0870 606 7766 to book their appointment.

BRP management and verification services

From 1st February 2012, the BRP management and verification services (telephone numbers 0300 123 2412 and 4699) will be replaced by an e-mail service.

To notify us UK Border Agency of an issue with the delivery of a BRP, customers must email: BRPDelivery@homeoffice.gsi.gov.uk.

To notify us of an error on a BRP, customers must e-mail: BRPError@homeoffice.gsi.gov.uk.

To report the loss or theft of a BRP, customers must email: BRPLost@homeoffice.gsi.gov.uk.

To confirm a BRP is valid, employers and sponsors must email: employerBRPverification@ukba.gsi.gov.uk.

Customers without access to email will be able to send their enquiries by freepost to:

Freepost RRYX-GLYU-GXHZ

Returns Unit

PO Box163

Bristol

BS20 1AB

Customers will still be able to access the telephone services (telephone numbers 0300 123 8895, 2412 and 4699) until 31st January.

 Neil Hughes

National Lead for Temporary Migration

UKBorder Agency

 

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One of the government’s aims is to prevent migrants coming to the UK to claim benefits, but the employment minister, Chris Grayling, said that the vast majority of immigrants claiming benefits are entitled to do so.

The government released figures revealing that 371,000 foreign-born claimants were claiming out-of-work benefits.  However, it was found that only 2% of those were suspected fraudulent claims and the other 98% were entitled to claim.

Grayling denied that the government was guilty of scaremongering by releasing the figures. He said there was “a lot of talk” aboutBritain’s benefit system being a “magnet” for people from around the world.  “Maybe it isn’t a big problem right now,” he said, but added: “We want to ensure we don’t have inBritaina system that encourages benefit tourism.”

It would be interesting to see how many British nationals are claiming out-of-work benefits and just how many of those are suspected to be fraudulent claims. After all, the term ‘cultural dependancy’ did come from somewhere.

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There has been a fire at the public enquiry office in Croydon which has left them unable to accept payments.  The office is unable to deal with any customers who have booked premium appointments for today. All those affected are advised to re book.

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Below is a copy of a letter received from Sonia Dower Deputy Director, Operations. UKBA in which she sets out the forthcoming changes to the PEO service in Croydon.

I am writing to keep you updated with some of the changes which are taking place across the PEO network and how you and your clients may be affected.

You will be aware that from 29 February legislation will take effect that will require all forms of leave to remain granted to non-EEA nationals to be evidenced by a Biometric Residence Permit (BRP).

Further to this, we are beginning the introduction of online forms and rolling out Front Office Services which will expand our capacity to capture biometrics via our commercial partner, the Post Office.

This will mean a greater convenience for postal customers and remove the pressure on biometrics capture within the PEO network. You may also be aware of the actions we have taken to prevent the restrictive practices of speculative and block booking appointments and we have made changes to both our guidance and the Terms and Conditions on the online system to prevent these practices from continuing.

Following these changes, representatives will still be able to create online accounts and book appointments on behalf of their clients, but this will need to be for the named client who will attend the PEO, and reps will not be able to substitute one client for another – if you wish to change appointments for your clients, you will need to cancel the incorrect appointment and search for a new one at a convenient time.

This is in the interest of fairness to all users of the service and will mean that customers, including representatives, will know immediately if they have secured an appointment.

You can see that we are introducing a number of positive changes that will benefit our customers including online forms, providing further sites for postal enrolment outside of the PEO and taking action against those who abuse our services that will all benefit our applicants.

Owing to this increased demand for biometric appointments, from February 29 it will no longer be possible for representatives to present cases in any PEO on behalf of their clients without their clients (and their dependents) also attending to provide biometrics.

Premium Customer Service for Sponsors

You may also be aware of plans to introduce a new, charged Premium Customer Service for sponsors in Tier 2 and Tier 5 from April 2012. This will offer sponsors the opportunity to apply for a range of benefits including priority access to premium appointments at our PEOs. We are exploring these options and may, for example, allow premium sponsors to access appointments further in advance than other users. We are also looking into the possibility of enhanced service levels for decisions within the standard route for premium sponsors.

I know that a number of representatives are engaged by employers or other sponsors who are likely to be eligible for the new premium customer service, and that greater certainty about when applications can be submitted or will be concluded is an area of great interest to you, so I hope you will be encouraged to hear about the direction of travel with these developments to UK Border Agency’s services. We will provide more information about these services in due course.

Impact in Croydon Public Enquiry Office

These changes mean that from 29 February, despite our original intention to continue this service, Croydon PEO will no longer be able to offer “regular slots” to any representatives. All appointments will need to be booked at a designated date and time to ensure the even flow of customers through the fifteen biometric booths that are available in Croydon PEO and to avoid long delays for customers.

It is our intention to ensure that it is as efficient as possible for representatives to act on behalf of their clients in Croydon PEO. As such, from 29 February we will be removing past restrictions which prevented representatives from leading the interaction with the caseworkers on counter, and from inviting their clients to leave the PEO once the biometric results were received at Croydon PEO. Representatives will, therefore, be able to arrange for their clients to leave the PEO once their biometric results are received and to see their clients’ cases through to conclusion in the PEO, with appropriate authorisation from the applicant.

We are aware that demand for PEO appointments is currently greater than our capacity. We expect to increase staffing levels and consequently available appointments in Croydon PEO during the summer.

We will consider the results of these changes within the Croydon PEO and look to expand them across the entire PEO network in the near future. Guidance will be available on the changes that I have outlined and what these mean for applicants. Our website also shows information about each PEO and the services that they offer.

I would like to reassure you that our PEO network remains committed to providing the highest standards of customer service and case work to our customers – those who use representatives and those who present their own applications. While I realise that some representatives, particularly those who have had regular, non-biometric slot allocations, may be disappointed to hear that these changes will be coming into effect, I hope that it is clear from the explanation provided here that the rationale for the changes is to make the appointment booking process as straightforward, fair and transparent to all our customers as possible.

We look forward to continuing to work with you.

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The Home Office has today laid before Parliament a statement of changes proposing the abolishment of paragraph of 395C of the Immigration Rules which demands that the Secretary of State takes into consideration the following factors before setting removal directions:

  • age;
  • length of residence in the United Kingdom;
  • strength of connections with the United Kingdom;
  • personal history, including character, conduct and employment record;
  • domestic circumstances;
  • previous criminal record and the nature of any offence of which the person has been convicted;
  • compassionate circumstances;
  • any representations received on the person’s behalf.

The Home Office states that the above factors do not apply to most migrants who have been refused leave to remain in the UK and due to the fact that the Secretary of State generally requests migrants to voluntarily leave the UK, section 395C should be deleted.

Following the case of Sapkota & KA (Pakistan) v SSHD which concluded that removal directions should normally be made following a refusal of leave to remain, the Home Office feels that reviewing each refusal under paragraph 395C would cause operational difficulties as the effect of this case means that the UKBA will setting approximately 20,000 removal directions against migrants whose applications have been refused.

The UKBA wants migrants whose applications have been refused to make a FLR (O) application if they want their compassionate and compelling circumstances taken into account. The UKBA wishes to stress that illegal immigrants that have been detained will still have the ability to set out compassionate and compelling circumstances and that the duty to act fairly will remain an overriding factor.

On a separate note, it looks like migrants applying under Tier 2 and Tier 5 will have the option of making their application online as well as by post or in-person at a public enquiry office. So it looks like the shift towards online services is on the increase. Let’s just hope the UKBA’s website can handle the influx of Tier 2 and 5 applications better then when you try to book an in-person appointment online!

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The UKBA has recently announced that all current Tier 4 sponsors must apply – (before the deadline set in the guidance), to the appropriate educational oversight body, for an inspection or review in 2012 in order to be able to continue to sponsor international students.

The inspections or reviews are expected to take place throughout the year and the results published on the website of the appropriate educational oversight body. The recognised oversight bodies include the Quality Assurance Agency, Independent Schools Inspectorate, Bridge Schools Inspectorate, School Inspection Service, Education Scotland and the Education and Training Inspectorate.

If a sponsor college achieves a satisfactory result or review, the college will obtain a highly trusted sponsor status and will no longer be subject to the interim limit.

If a sponsor receives a non-satisfactory review for Tier 4 purposes, but the report proposes a follow up action, then the college will be subject to interim limit until the proposed action is met and certified by the appropriate educational oversight body.

If a college fails the inspection or review, the college will be made a legacy sponsor and will be unable to sponsor new international students.

There are further changes to come in to effect in April 2012, so watch the space!

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