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In defence of "the other"
Before I start this commentary, I will say this job is not for the faint of heart. For me the funny thing is the first essay I was given to write in Law School was in a subject called Legal Methods, the focus of the essay was on the concept of the other in Law. It is also very strange to think that the first job I was awarded after study also dealt with a group of people capable to be classified as the other in Law. By this I mean immigrants, who may have been the other in their own jurisdictions, who may have left by choice, by chance or through pressure and/or negative physical or environmental factors resulting in their migration to another country where ever that could be. I guess, the whole purpose of immigration law could be envisioned as a system of rules aimed to co-opt and integrate those categorised as other than "citizen" or other than "settled" into legal status, giving limited rights and privileges.
A certainty of immigration law which hit me from my first week at work was just how restrictive this was. I would hear people stating that the British Law was too free, it was easy, migrants are coming to take our jobs. It was only when I began to work within the system it became clear that the law was not free, it was not easy and the laws related to the ability to be employed in the UK were in a state of flux or change which would convert the map from hard shoulder into a road, and that new road was indeed rocky, so to speak. Migrants had to work in the UK had to score points, be sponsored and have the requisite pay and educational level to get a look in. From 2006 EU Migrants were able to benefit from the concept of free movement given under the treaty of Rome which creates the aims of the European Union, one of these being economic progression to its' citizen. For Britain, this was out of the frying pan, into the fire with the media and politicians spurned into action propagandising negative effects of migration into the UK to polarise public opinion. The net result of this is Brexit. In sum over the years EU Nationals enjoyed the ability to move from country to country, in the context of Britain opinion leaned to the protection of its sovereignty, borders, economic distribution of wealth through employment and other factors dallied to raise support for an exit from EU obligations. Once again, this complex law is creating another group of "other" is in its pregnancy, the expected arrival date is 1 July 2021, I will name this group, the catch that fell out of the net or liken them sailors arriving after the boat had left. My guess is, after 30 June 2021 when the transition period ends; the UKVI will ramp up negative measures against EU citizens who have failed for whatever reason to regularise their ability to continue to live in the UK. There will come another rush of wind or a Windrush. In a word watch this space. Immigration Laws have the capacity to reject "the other" in law and to create " the other" in law. The question for society is whether it wishes to have an identity of separation or integration; or to embrace and learn; or isolate practicing in ignorance. My view is the “creating” the other is a preventative tool given through fear of the effect of opening floodgates. I agree that controls are needed. But I also feel that balance needs to be reviewed; as many enter the UK; many UK Nationals also leave the UK for warmer shores and in search of their fortunes or simpler more restful environments. The world is shrinking in size, we have the ability to reach distant shores in less than a day or two. Air Travel is affordable to the masses and because of this the days of societies wishing to languish in notions of difference, superiority are being rigorously challenge through world events. Britain retains residual aspects empire retaining a degree of control over 14 States , known as British Overseas Territories. Citizens of these do not have the right of abode in UK, yet they stand as of a State which took hold of the many parts of the world by force or by political and economic means and became an Empire. Sir Walter Rodney wrote a book called "How Europe Under Developed Africa", a truly inspirational work deconstructing the truism that vast areas of the earth's surface since abandoned by Britain and other EU nations suffer terrible degradation, political corruption, economic instability and under development as a result of their former occupation and utilisation of their resources both human, environmental and physical. It is not until historical records get released that it becomes clear the level or measure of Whitehall’s hand in the hatchery of political systems in these former colonies. So it is these types of circumstances which help to colour the modern day aspects of work in migration careers. The secret things that do not show, are ancestry, history, domination and legacy. An example being an asylum claim from a Zimbabwean national in the years 2001 – 2011, , the environmental, economic and physical circumstance, the historical relevance of their present day, issues of patriarchy, gender and current day politics would all have relevance in that claim. The conflict and political issues originated from a leadership with a mission to reclaim that which was lost from history to, to revert power lost in empire to economic/historic land claims or ownership in Rhodesia. Rhodesia is modern day Zimbabwe. The take back method of stripping land from the ancestors of colonists and political terrorism and human rights abuse to citizens being forced to support this power grab, along with a political lust to retain leadership rendered this leadership despotic causing many of its citizens to flee either having been harmed or in fear of being caused harm. Zimbabwe is a member of the British Commonwealth, colonialism did little to benefit the colonised. History reveals from 1964 to 1978 Rhodesia experienced a war, known as the Rhodesian war with nationalist guerrillas fighting against white settlers. After a short period of lull, a new conflict arose, now it was internal. Independence was on 18 April 1980.
Thus migration is linked to many issues, many African, and Caribbean nations suffered 400 years of chattel slavery, followed by in some countries indentured labour, slavery then to colonialism, simplified the ownership of humans, to the indenture of humans (Indian Subcontinent, India, Pakistan), the ownership of territories to the independence of States, the proliferation of historical and transferable mental programming; to the concept of ideological slavery as described by Frederick Douglas. Power transfers, stereotypes and classifications of people, class, gender, cultural and tribal practices are all relevant to specific issues of migration. Movements from the colony to the colonised, to the motherland (home), to returning home. A home for the former colonised where the front door is shut until a key is given. Taking a job as an Immigration Lawyer places the responsibility to have the correct tracing documents, supporting documents and data capture documents drawn up and set alongside arguing the policy, law and common law development to help claimants establish rights. These claimants are many capable of being classified as "the other". I once belonged, a dispute caused me to become the other; I was lost, like many are lost I was fortunate in that this positioning as “other” could not attract removal; I was given a lesser status than my rights dictated. What this status did attract was fear. In my work as in the field of immigration, I have experience the fears and tears of many people. For me, it was an Immigration Lawyer sitting in a small office in London Bridge who set me on journey to re-establish belonging. I submitted an application which took four years to process. I cannot remember this man’s name but I am thankful to him for helping me towards my today. So how is that for a career choice.
This post explains what to look out for when you are shopping around for immigration services.
In some cases, you may be eligible for an eVisa (digital immigration status) instead of a physical BRP. Check your visa decision letter for instructions. Access your eVisa via the 'View and Prove Your Immigration Status' online service: www.gov.uk/view-prove-immigration-status. Log in using your details (email and passport number or reference number) to view your visa information and share it with others if required. The system will not recognise the vignette, use the contact us segment of the website and request help. The UKVI will take it from there.
Understanding Employment Financial Requirements under Appendix FM
Discover the key employment financial requirements for UK immigration under Appendix FM. Learn about the minimum income thresholds, necessary documentation, and how to meet the criteria for family visa applications.
This post specifically examines issues of employment within the UK Visa - Partner Category. It is intended for providing clarity on expectations and managing this.
In the upcoming weeks we will focus on informing the public on the employment requirements for Spouses. For Training and Information for Practitioners and Students consult Sonya King (Author).
Apart from those with Right of Abode, there is another category of individuals who are not subject to the Immigration Rules rather their presence in the UK is governed by International Agreements. This includes diplomats, persons attending international conferences, members of international organisations such as the Commonwealth Secretariat and Members of International Forces under the Nation Status Forces Agreement. Under some of the international agreements controlling the presence of Exempt persons and their spouses there is automatic permission for the Spouses to work in the UK. Under others such as the Nato Forces Agreement there is no implicit right to work for the spouses as the agreement does not automatically grant work permission, they would need to check whether work is possible with their command and or should they obtain employment obtain what is known as a positive verification notice applied for by their employer. It is useful, therefore for holders of Exempt Status to apply for a vignette before entry. A vignette is a stamp affixed to a passport indicating status and conditions.
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Naturalising as a British citizen is a significant milestone, offering the opportunity to fully embrace life in the UK. The process involves meeting key criteria: residing in the UK for at least 5 years (or 3 if married to a British citizen), holding Indefinite Leave to Remain, and demonstrating good character. Applicants must also prove their English language ability and pass the Life in the UK test, covering British history, culture, and values. Finally, a citizenship ceremony celebrates this new chapter. Naturalisation isn’t just legal status—it's a new chapter for many, providing freedoms, rights and responsibilities to one of the most progressive nation states in the World.