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Lawson Hunte is always looking for positive ways to improve peoples lives, we have looked into the issue of trafficking extensively and have found an interesting list on the US Department of State’s website which will help those who work with individuals who may have been trafficked. In 2015, the first thing we looked at was indicators. The catalyst to this article was having to deal with client's who had been tricked into leaving their homes overseas to come to the UK for a better life only to find themselves in bondage. A second, catalyst to writing this article was the difficulties these individuals faced when they tried to prove they had been treated in this way. To Immigration Law practitioners, I would suggest obtaining instructions for detailed witness statements, which even if there is no tangible evidence the pointers will be there suggestive of situations of trafficking. In cases where the client can afford this, expert reports will help to identify cases of persons who come from regions where trafficking is common, whether for children or others. The indicators are listed below:
Indicators
Living with an employer
They may be living in poor conditions
They may always be accompanied
Their responses are rehearsed and scripted answers
Their employer retains identification documents
They receive little or no pay
They are young
They are engaged in prostitution
There are other indicators which might apply but for the purposes of this article only a few are listed.
The UK has passed the Modern Slavery Act 2015, it is reportedly was first of it’s kind in Europe. The act aimed to provide law enforcement agencies with better legislative back up to tackle the crime of human trafficking and to provide stringer support and protection for victims. In the field of immigration the Home Office is a first responder under the National Referral Mechanism; this is a framework for identifying victims of human trafficking. The coalition of agencies includes local authorities, Police Forces, The Salvation Army, Migrant Help, the Refugee Council and more. First responders complete an application form which allows access to stage 1 – the investigation into whether an individual is a potential victim of trafficking. If the decision is affirmative the individuals can be taken to a safe house and will be granted a period for reflection and recovery during which time the agencies concerned undergo and intelligence gathering process. Victims have a period for reflection and recovery which is 45 days, before the investigation then moves onto stage 2 which utilises the information gathered in stage 1 to make an evidence based decision as to whether on the balance of probabilities the individual is “more likely than not” to be a victim of trafficking. In law the standard of proof referred to as the balance of probabilities means; is there a fifty fifty chance of
If the stage 2 is proved the victim is granted discretionary leave to remain in the UK for up to one year and is expected to fully co-operate with police enquiries into the incidence of trafficking.
If the criminal justice process is not utilised then the UKVI can use their executive powers to grant discretionary leave based on an assessment of the victim’s circumstances. The UKVI can also put in place arrangements under the Assisted Voluntary Returns of Irregular Migrants Process.
If it is found that the individual has not been trafficked then the UKVI may look at their other circumstances which may give them a right to live in the UK and if there is no right to remain they will be offered support to voluntary return to their
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.