Immigration Act commencement and statement of changes

[Terpe]

Immigration Act commencement and statement of changes in Immigration Rules


From: Home Office, James Brokenshire MP and UK Visas and Immigration
Delivered on: 16 October 2014
First published:16 October 2014
Part of:Borders and immigration

This written ministerial statement was laid in the House of Commons by James Brokenshire MP and in the House of Lords by Lord Bates of Langbaurgh.

The Minister of State for Immigration and Security (James Brokenshire):

The reforms to the immigration appeals system in the Immigration Act 2014 are being phased in from 20 October. These provisions contain important measures to make it easier to deport foreign criminals and build upon the significant reforms we have already made.

In July we introduced new powers to stop criminals using family life arguments to delay their deportation. This has been successful, enabling the Home Office to deport over 100 criminals since July pending any appeal.

From Monday criminals will also no longer be able to appeal against a decision that their deportation is conducive to the public good. This is the most significant change to deportation appeals since 1971. Criminals will be deported and will not be able to appeal beforehand unless they face a real risk of serious irreversible harm. For those that do have an appeal right, they will only be able to appeal once.

From Monday the new Act will also reform the appeals system for students. For those with meritorious appeals the old system was a costly and time-consuming way to correct simple case work errors which could be resolved by a request to the Home Office to review the decision. New immigration rules provide a system of administrative review through which case work errors will be corrected within 28 days rather than 12 weeks, supporting our policy of attracting immigrants who benefit the United Kingdom’s businesses and universities. For non-compliant students the new appeals reforms, combined with the new single power of removal, will make removal quicker and more legally straightforward.

On 3 September I announced that the West Midlands would be the location for the first phase of the implementation of new restrictions on illegal immigrants accessing rented housing. I have now made the order to bring into force the necessary powers in the Immigration Act to allow the scheme to start from 1 December. This will allow further secondary legislation to be laid before Parliament shortly.

Further measures in the new Act are also being brought into force to limit the ability of immigration detainees to make repeat bail applications and to extend the powers of the Immigration Services Commissioner to combat rogue immigration advisers. Finally, powers are being brought into force to enable us in due course to lay before Parliament the secondary legislation needed to implement the NHS health surcharge and to implement the changes to the process for giving notice of marriage or civil partnership to combat sham marriages and civil partnerships.

Reforms are also being made to strengthen the regime and further enhance security. Technical changes are being implemented across the Immigration Rules to tackle abuse while enhancing the United Kingdom’s status as an excellent place to do business. In particular, the Tier 1 (Investor) route is being reformed following recommendations from the Migration Advisory Committee. The minimum investment threshold will be raised from £1m to £2m. The government will also consult further on what sort of investment the route should encourage in order to deliver real economic benefits, and other improvements to the route. A consultation document will be published in due course.


Source

[Arthur Little]

At long last ... some sensible legislation!

[Michael Parnham]

At long last ... some sensible legislation!

I'll agree with that Arthur!

[imagine]

Some common sense at last

[Terpe]

Hehehe a first time for immigration rule changes to be welcomed

Same for me, I also agree, although would have liked to see restrictions on entry to EU nationals such as presentation of a current Police Clearance Certificate to the immigration officer at UK entry.....

[joebloggs]

I thought May was going to change the law, if you wanted to appeal you had to appeal from your own country

[grahamw48]

A step or two in the right direction, albeit decades too late.
The proud, safe and united country of my youth has already been destroyed.

[Dedworth]

I thought May was going to change the law, if you wanted to appeal you had to appeal from your own country

Once it reaches the North West this will make your neck of the woods less "multicultural" Joe :-

On 3 September I announced that the West Midlands would be the location for the first phase of the implementation of new restrictions on illegal immigrants accessing rented housing.

[joebloggs]

illegal immigrants accessing rented housing.

What's the numbers involved Dedworth? I wouldn't have thought it was much

You're not going to get a Housing Association house if you're an illegal immigrant

[Dedworth]

What's the numbers involved Dedworth? I wouldn't have thought it was much

You're not going to get a Housing Association house if you're an illegal immigrant

Who cares about the numbers - half a dozen is too many

So illegals never got any visas from dodgy Pakistanis and Nigerians working at Home Office Lunar House - wise up Joe

[joebloggs]

I think that's an even smaller number than the number of illegals renting houses

Unless you've got a link with some info, so wise me up Dedworth

[Dedworth]

Straight from one of your favourite newspapers Joe (House Journal of the publicly funded left)


UKBA official jailed for seven years for visa fraud


Immigration officer falsely granted indefinite leave to remain to 44 non-EU nationals who were not entitled to stay in the UK



Many immigrants who were fraudulently issued with visas by a rogue UK Border Agency official remain at large almost four years later, Basildon crown court heard on Friday. Nigerian Samuel Shoyeju was jailed for seven years for falsely granting indefinite leave to remain to 44 non-EU residents who were not entitled to stay in the country. Only 14 of the false letters he issued have been recovered, meaning most recipients have not been identified.Judge Christopher Mitchell said the case threatened to undermine the hard-won reputation for "probity and honesty" of British civil servants. He added: "Actions like yours call into question in the public mind the entire integrity of the immigration system when, at the present time, immigration and immigration decisions are extremely sensitive." Basildon Crown Court heard the "treasured status" allowed immigrants to live, work and claim benefits as well as applying for full British citizenship. The recipients, who are all believed to be Nigerian, ranged from asylum seekers to those who had already been identified as "overstayers". Prosecutor Lucy Kennedy said: "Not all of those people have been traced."

She added: "This case has cost the taxpayer a significant amount of money, both in terms of the investigation and in terms of those who remain in the country untraced.

"He abused the system he was employed to protect and he did so for his own selfish reasons, not out of some misguided sense of altruism.

"It was a breach of trust which will no doubt undermine confidence in public servants employed to protect UK borders."

Shoyeju, who worked as a line manager in Croydon, amended and destroyed electronic and paper records to cover his tracks.

He used colleagues' date stamps and accessed secure databases under other people's names to divert attention away from himself.

When his home computer was searched a file called "Nigerian names" was found, relating to those he planned to grant visas to.

He was able to use a generic computer log-in to transfer secure files from Home Office systems without being identified, Kennedy said.

"That system relies on the integrity of immigration officials themselves," Kennedy added.

"He had been employed to uphold immigration rules but, using his intricate inside knowledge of the system, he deliberately did the opposite."

The 53-year-old, of Namur Road, Canvey Island, Essex, admitted misconduct in public office by falsely granting indefinite leave to remain between 2006 and 2007.

Although the prosecution has not been able to prove a financial motive, the court heard thousands of pounds were paid into his bank account during the time of the offence.

Stephen Linehan QC, in mitigation, said that there was not sufficient evidence that Shoyeju had a financial motive and could not be sentenced on that basis.

Judge Christopher Mitchell said: "An immense amount of public time and money has been spent investigating and preparing this case."

Shoyeju arrived in the UK in 1988 and was allowed to remain until 1991 as a student.

The married father-of-three was then granted indefinite leave to remain as the spouse of a British citizen and was granted full citizenship in 1996.

He began working as an immigration officer in 2002.

http://www.theguardian.com/uk/2011/n...ite-leave-visa

An Indian here :-

Border bribes officer jailed for eight years

A CROOKED immigration officer who pocketed thousands of pounds by issuing fraudulent work permits to asylum seekers has been jailed for eight years.

Radhakrishnan Rammakrishnan, 48, issued Application Registration Cards to asylum seekers who had no right to work in the UK, taking kickbacks in return.

The Indian-born crook, of Sutton, Surrey, who worked as an executive officer at the UK Border Agency’s offices in Croydon, issued the cards mainly to Sri Lankan, Chinese or Indian asylum seekers.

When he was caught, £60,000 was found in two of his bank accounts and transfers of more than £70,000 had been made from others. Judge Ruth Downing, at Croydon Crown Court, said: “Corruption and misconduct in public office is a most serious offence and can only be met with a substantial prison sentence.”



http://www.express.co.uk/news/uk/288...or-eight-years

Don't forget to renew your Flat Earth Society membership

[Harry T]

What's the numbers involved Dedworth? I wouldn't have thought it was much

You're not going to get a Housing Association house if you're an illegal immigrant

I couldn't get a Housing Association house having lived here all my life, so doubt this will affect many. Possibly it could have an effect on private rented accommodation, if they have to prove their immigration status. However, there are always the unscrupulous out to make a quick buck.

[joebloggs]

44 that would make a major difference to the housing crisis

[joebloggs]

I couldn't get a Housing Association house having lived here all my life, so doubt this will affect many. Possibly it could have an effect on private rented accommodation, if they have to prove their immigration status. However, there are always the unscrupulous out to make a quick buck.

It took me more than 1 yr of waiting and I've always lived in this area. Unless you've got kids you've little chance.

Private landlords will soon have to check that their tenants are legal

[grahamw48]

Who cares about the numbers half a dozen is too many

So illegals never got any visas from dodgy Pakistanis and Nigerians working at Home Office Lunar House - wise up Joe

Quite correct Dedworth.

It's not long since my brother fired a Pakistani guy (ECO) working in one of our visa sections...for selling them.

No doubt the tip of the iceberg.

[joebloggs]

What type of visa?

[grahamw48]

I couldn't get a Housing Association house having lived here all my life, so doubt this will affect many. Possibly it could have an effect on private rented accommodation, if they have to prove their immigration status. However, there are always the unscrupulous out to make a quick buck.

Supposedly private landlords are moaning about having to act as 'immigration officers' (usual exaggerated rubbish).

Well why not ? Prospective tenants are usually charged a few hundred quid by these parasitic letting agents for basically doing sod all, and the property owners also coining it in every month by also doing sod all.

[grahamw48]

what type of visa ?

Presumably all types that he was authorised to issue.

[joebloggs]

Presumably all types that he was authorised to issue.

Well if it's a visit visa he would have to go back or become illegal.
If it's a student visa he would have to study or become illegal.
If it's a settlement visa he need a partner.
If it's a work permit he would need an employer

Not as easy as you think no matter what type of visa it is, more than just a visa in your passport.

[grahamw48]

Well of course he is only the start of the chain of fraud.

As Dedworth has already alluded to...there has been and still is a massive problem with fraud and forgery associated with immigration, and many insiders involved.

The govt are fools allowing these people to be recruited into or attached to our Civil Service.

[Dedworth]

44 that would make a major difference to the housing crisis

Joe - I "wised you up" links to criminal UKBA staff and you then make a daft comment about the 44 visas the germ criminally issued. Am I right in thinking you naively believe that all civil servants / housing association staff are whiter than white ? I side with Graham these criminal insiders and fifth columnists infest all levels of the public sector - including the envy of the world NHS :-

A man who made false representations and produced a forged visa to study nursing and work in the NHS has received a one year suspended prison sentence following an investigation by NHS Protect (Isleworth Crown Court, Friday 27 April 2012).Chidi Amaju, 41, of Midland Terrace, North Acton, London, was also ordered to complete 250 hours of unpaid work and to pay £2,000 in compensation within a month. He pleaded guilty to seven counts of fraud, theft and forgery.
Between August 2004 and February 2009, and from February 2010 to January 2011, Amaju did not have legal status in the UK so he was not entitled to work or access public funds. Despite this, Amaju completed a three year diploma in Child Nursing at the University of West London from March 2005 to March 2008 to become a registered nurse. He was awarded an NHS bursary of £22,958.98. His tuition fees of £19,655.00 were also paid by the NHS. He also fraudulently earned £25,236.00 while working as a staff nurse with North West London Hospitals NHS Trust, where he was employed from June 2009 until resigning
in July 2011. NHS Protect’s investigators established that to support his university and bursary applications, Amaju provided a passport with a forged UK visa stamp, dated 2 September 2002, which purported to grant indefinite leave to remain in the UK. He also falsely claimed to have been granted leave to remain in July 2001. He stated he had leave to remain and the right to work in the UK when he applied for his post at North West London Hospitals NHS Trust in December 2008. But in April 2011, when his employers asked for documents to prove it, he produced a copy of the identity page from his passport, and a letter from the UK Border Agency (UKBA) dated March 2011, stating that they held his passport and a copy of his National Insurance number card. However, the National Insurance number did not match the one given on his original job application.
Mick Hayes, Anti-Fraud Lead at NHS Protect, said: “Chidi Amaju was not eligible to take up a university place, to receive NHS funding, or to work in the NHS. Through his dishonesty, he may have denied another person these opportunities. NHS Protect will always follow up on allegations of fraud and, where appropriate, mount an investigation and press for the strongest possible action.”

http://www.wsh.nhs.uk/ServicesAtoZ/C...udintheNHS.pdf

[grahamw48]

Good case in point Dedworth.

I'll say it again....tip of the iceberg.

[joebloggs]

Good case in point Dedworth.

I'll say it again....tip of the iceberg.

If it's an iceberg there would be a lot more stories like this in the press,