UK government has defended its decision to deny hundreds of non-EU professionals the right to live and work in the UK, claiming that the applicants currently 'caught up' in the visa fee are actually 'guilty of misconduct'.
The government opened a review to the Tier 1 (General) visa cases, after a long-drawn campaign by the Highly-Skilled Migrants Group, iincluding teachers, doctors, lawyers and engineers from countries such as India, Pakistan and Bangladesh who have been refused an indefinite leave to remain (ILR) calling them a threat to the national security.
UK minister for immigration Caroline Nokes reportedly in a letter to the House of Commons' Home Affairs Select Committee told that her department's decision to refuse applications under Paragraph 322(5) of the UK's immigration rules due to a discrepancy in reported earnings stand justified.
These discripancies, mostly amounting £5-10 between the migrants and HM Revenue and Customs were long settled, although the Home Office has rejected these visas on the basis of the previous records.
The letter, however, also acknowledged that the review had 'thrown up' 38 cases of Home Office refusals being overturned and allowed on appeal, the PTI reported.
"Although the earnings issues were considered on appeal, the majority were overturned solely on human rights grounds rather than because of decision-making errors relating to earnings," Nokes said, according to the news report.
The Highly-Skilled Migrants Group expressed shock at the minister's alleged attempt to downplay this figure. The figure of 38 instances are believed to go up further, once the rest of the 1671 cases are reviewed in the coming few weeks.
Aditi Bhardwaj, coordinator of the group, which has the support of lobbying ministers, who have been organising many major protests outside the UK Parliament since early this year, told the PTI, “It just proves our point about Paragraph 322(5) being used disproportionately. The very fact that these appeals are being allowed on human rights grounds should hopefully prevent the future disproportionate use of this clause and prevent applicants having to challenge Home Office decisions in court.
"It does show they (Home Office) were making mistakes. This should tell them that at the very least not to refuse people where there are serious human rights grounds, such as family ties in the UK and young children involved.”
The group is again planning a large but peaceful protest at the Old Palace Yard on Tuesday 10 July.
Nokes reportedly confirmed in her letter to Home Affairs Select Committee (HASC) that the outstanding Tier 1 (General) visa decisions remain on hold, pending the outcome of the review.
The UK Home Office said it had so far reviewed 281 of these visa applications made by post and concluded that in 249 cases applicants had amended their tax record by more than 10,000 pounds and in many of the remaining cases, the differences were "substantial".
Addressing her letter dated 21 June to HASC chair Yvette Cooper, Nokes said, "Applications were not refused on the grounds that the applicants made errors in their tax returns. They were refused on the grounds that applicants had, most likely, exaggerated their earnings to the Home Office to claim enough points to obtain indefinite leave to remain in the UK or, alternatively, substantially under-reported their earnings to HMRC (Her Majesty's Revenue and Customs) to evade tax.
"In either scenario, their character and conduct is such that their applications should not be granted," she said, adding that she is confident that the "overall handling of these cases, including the application of Paragraph 322(5), has been correct".
British MPs, peers and legal experts have extended their support to the Highly Skilled migrants, many of who have lost the right to work or access to NHS due to their current status. Thangam Debbonaire MP said, “I can confirm that the Home Office has such a culture of disbelief, people with legal rights to be here routinely face almost impossible hurdles , lost doccuments, expense when they have to appeal (often then siuccessful) causing distress and hardship and wider than Windrush.
To fight injustices against migrants, on another account, Helen Miller tweeted a story that appeared on The Independent on Monday with headline “Children of immigrants 'treated like cash cows'”. In an exclusive story, the newspaper wrote, that the Home office has been accusef of using UK born chldren of immigrants as 'cash cows' by charging them huge sums of money to obtain citizenship. Not only that many youngsters born in Britain or who came here as babies are stopped from going on school university because their parents cannot afford to pay over £1000 – more thab double the administration cost- for their status.
