The first step of your immigration journey is to book a initial consultation. Contact us now.
Blog Layout
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.
Todays question was about domestic violence to partners of skilled workers. Sorry to say the Domestic Violence rule does not cover skilled workers. The rational probably is that the skilled work visa is a temporary visa allowing residence in exchange for work. The partner of permanent residents route is much different there is permanence in the equations and this allows for relief in situations where there is domestic abuse. My answer is regrettably, if you leave your marriage as a skilled worker for a domestic abuse reason, then unless you have an alternative reason to apply to remain in the UK - you should consider leaving to resume your life in the last country you lived in or otherwise your country of origin.
This is not as tricky as it sounds, what you need know first of all is whether you meet the financial requirement with demonstrable earning of £29.000 in the year of the application. Therefore if you have had more than one job, it can be the cumulative amount that count towards the relevant figure. The UKVI require evidence of the work you are undertaking such as contracts, pay remits, bank statements and other documents that show you are in genuine employment. It is open to them to make checks to verify information you choose to submit.
This post explains who is a partner as applies to the spouse visa criteria.
Global Challenge Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Ireland UK & Rowanda Immigration News update. Coming to you form Mwansa on behalf of Lawson Hunte Immigration radio 24. #globalchallenge #immigration #uk #ireland #rowanda
Bringing your Spouse to the UK Episode 3- English Language Exemptions Partner/Spouse Visa exemptions discussed in a broadcast brought to you by Lawson Hunte Immigration Radio 24.
In this episode, Sonya discusses the English Language Requirements as this pertains to the spouse visa. Exemptions will be explored in a subsequent broadcast. This broadcast is brought to you by Lawson Hunte Immigration Radio 24 keeping it real and educating a nation.
This is a discussion by Sonya King Immigration Lawyer on bringing a spouse to the UK. It is a general overview of starting a spouse visa application. The next Episode is titled Speaking the Language.
Sour milk is a violence to the stomach, just as is the fist. In this series Mwansa discusses the question of myths surrounding domestic violence. Unravelling mysteries and lies.
In this post, our very own reporter Mwansa Chikonde seeks to clarify and educate on why women stay in abusive relationships. We hope this is an enlightening and engaging post and would welcome your comments. Find us on Lawson Hunte Immigration Radio 24 on spotify.