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Today we are discussing due diligence and care in relation to Case Working with a focus on facilitation. So, what is facilitation? facilitation is assisting someone from outside of the UK to enter the UK in Breach of Immigration law. This basically, covers the instant of smuggling and can apply to immigration advisers completing an application which may breach immigration law. It is always important to assess whether an application is in compliance using due dilligence and ensuring your knowledge base is up to date. Also, importantly, ask questions.
If you are applying on a matter outside of the rules; there must be good reason for this, and reasons supported by cogent and logical evidence.
The relevant law follows:
Section 25 (assisting unlawful immigration by facilitating a breach of immigration law);
Section 25A (helping asylum-seeker to enter UK);
Section 25B (assisting entry to UK breach of deportation order)
The CPS advises the following
Section 25 prohibits facilitation of a breach of immigration law; the breach need not constitute an offence. This was confirmed in the case of Javaherifard [2005] EWCA Crim 3231, which said “47 … it would be absurd if unlawful presence did not constitute a breach of immigration law. S1(2) of the 1971 Act sets out the general principles for those who have no right of abode. They “may live in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act …”. That carries with it the necessary implication that they may only live in the UK with permission and that without that they are in breach of immigration control in living here. S3 which contains the provisions for general immigration control, prohibits non-British citizens to enter without leave.”
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.