Highly Skilled Migrants wrongly face deportation under Paragraph 322 of the Immigration Rules

Recent news reports suggest there are approximately 1000 highly skilled migrants’ wrongly facing deportation from the United Kingdom. These highly skilled migrants had applied for Indefinite Leave to Remain (also referred to as settlement) but unfortunately, the Home Office refused their application under Paragraph 322 (5) of the Immigration Rules. The Home Office has been accused of incorrectly applying the controversial rules. It should be noted that Paragraph 322 (5) was primarily introduced to tackle suspected terror activities and potential threats to national security.        

Highly Skilled wrongly face deportation under the Immigration Rules

The Home Office had closed the highly skilled migrant route and replaced it with the Tier 1 General visa route. However, Tier 1 General visa route has also been discontinued by the Home Office. Applicants who would have been eligible to apply for the highly skilled migrant visa are now advised to consider applying under the Tier 1 Entrepreneur, Tier 1 Investor, Tier 1 Exceptional Talent or the Tier 2 Work visa.

It has been reported that approximately 1000 highly skilled migrants wrongly face deportation from the United Kingdom. The Home Office has accused the applicants of dishonesty in their applications. In the vast majority of these applications applicants had carried out simple amendments to their tax records and in most cases were legally entitled to do so. Whilst it is true that there may have been some minor discrepancies in the tax records and other financial documents for these applicants. It is unfair and unjust to find the applicants guilty of dishonesty without actually inquiring or investigating how the discrepancies have come about. In some cases, the Home Office themselves have miscalculated the numbers and incorrectly refused applications. Saleem Dadabhoy’s case is a prime example of the Home Office incorrectly finding irregularities in his business accounts and subsequently refusing his application.

The Home Office has been heavily criticised for its strict and aggressive approach in considering the Indefinite Leave to Remain applications for the highly skilled workers’ categories. In particular, Alison Theweliss MP has stated

“The litany of callous incompetence by the Home Office has been laid bare in the past few weeks, first with the Windrush scandal and now with the revelations regarding removal targets,”

If you believe your application has been incorrectly refused by the Home Office you should seek legal advice in order to challenge the decision.

Challenging a flawed Home Office decision on your Highly Skilled Settlement application

Our specialist immigration comprising of both solicitors and barristers can assist with challenging a flawed Home Office decision. Whilst the highly skilled migrant route has been closed, it may be possible to challenge a Home Office decision relating to a refusal. Our solicitors and barristers can draft comprehensive and strong Grounds of Appeal. Our immigration team prides itself on the ability to provide successful results for our clients in complex immigration matters. We are regularly instructed on appeal matters and are able to provide clear and accurate advice/guidance on appeal matters.

Using Legal Representation to challenge a Home Office decision on your Highly Skilled Migrant settlement application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with challenging the Home Office. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

Caseworkers at the Home Office are trained to reject applications or appeals which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your appeal succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully submit an appeal challenging a Home Office decision on your Highly Skilled Migrant settlement application

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an appeal before your appeal even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an appeal and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an appeal.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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