Appeal Rights Lost for Points Based Migrants
By Ramzan Sharif – Solicitor/Director at Fountain Solicitors, Walsall
As of 2nd March 2015 full appeal rights for Points Based Scheme Migrants (PBS Migrants) have been lost. PBS Migrants include skilled highly valued workers, entrepreneurs and investors. Students who have already been affected as of 20th October 2014 and all other PBS Migrants who have made applications after 2nd March 2015 will no longer have a right of appeal when their applications are refused. It has therefore become even more important to ensure that applications are accurate and thoroughly checked in the first instance.
Affected migrants will still be able to appeal where they have made a human rights or refugee claims however this will be comparatively rare. A new system of Administrative Review has come into force whereby a review will take place by a Home Office official (the same people who made the error in the first place). The idea behind the review is that any errors will be corrected internally. It is more limited in its scope compared to the appeals procedure and not independent. Worryingly, affected migrants will no longer have an independent person free from political pressure to reduce migration assess their case.
In practice, immigration lawyers are used to seeing a high volume of badly made decisions, many of which are unlawful. These applications are made by legitimate migrants who genuinely wish to invest, work and study in the United Kingdom and have no desire to become a burden on the taxpayer. They have previously enjoyed a high success rate on appeal precisely because of the array of bad decisions and the fact that the Tribunal is impartial.
This could all have a knock-on effect on businesses that employ migrants. They will need to be even more focused on ensuring that their migrant workers are fully documented and actively monitor their immigration status. With the government’s eagerness to issue civil penalties for employing illegal workers (which can be as much as a £20,000 per illegal worker), this has never been more important.
Ramzan Sharif of Fountain Solicitors, Walsall states that ‘The best advice that can be given to these migrants so adversely affected by the government’s political agenda and desire to win another election is to ensure that the initial application to the Home Office is absolutely perfect in terms of its content and supporting documentation. If faced with a refusal, expert advice should be sought immediately’.
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If you are an individual or a business who has any concerns about the above, please contact us on 01922 645 429. We are immigration specialists who offer advice on all matters relating to immigration and asylum law with dedicated staff to PBS Migrants and Sponsor Licences. The Firm also undertakes Family Law, Employment Law, Personal Injury Law and Affidavits/Wills.