We have recently posted about the highly skilled migrants who wrongly faced deportation under paragraph 322 (5) of the Immigration Rules. In the wake of this scandal, the Home Office announced that it would investigate all of these Refusal Letters served on migrant applications due to tax discrepancies, and it has recently concluded phase one of its investigation.
What has Phase One of the Home Office’s Investigation into Paragraph 322 (5) Refusals Found?
Caroline Nokes MP (Minister of State for Immigration), in a letter dated 28 June 2018 to the Home Affairs Committee, advised of the investigation’s findings into hundreds of cases involving paragraph 322 (5) of the Immigration Rules. The letter alludes to several hundred cases which were reviewed as part of phase one of its investigations whereby a pattern was established demonstrating highly skilled migrants had inflated their income in order to claim enough points to be eligible for leave to remain or indefinite leave to remain in the UK.
The letter explains how a majority of the cases investigated amended their HMRC records by over £10,000 during a period whereby points were being claimed in previous Tier 2 visa applications and not for the intervening years. The Home Office investigation aims to review a further 1,671 cases during phase two which the Home Office expects to complete in the next few weeks. So far, and unsurprisingly, the Home Office has yet to admit to its own failings.
What is Paragraph 322 (5) of the Immigration Rules?
Paragraph 322 (5) of the Immigration Rules states:
“the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security;
(5A) it is undesirable to permit the person concerned to enter or remain in the United Kingdom because, in the view of the Secretary of State:
(a) their offending has caused serious harm; or
(b) they are a persistent offender who shows a particular disregard for the law”.
Paragraph 322 (5) was primarily introduced to tackle suspected terror activities and potential threats to national security. In the vast majority of these refusals under paragraph 322 (5), Applicants had carried out simple amendments to their tax records and in most cases were legally entitled to do so. However, the Home Office judged them to be guilty of dishonesty without actually inquiring about or investigating how the discrepancies have come about. In some cases, the Home Office themselves may have miscalculated the numbers and incorrectly refused the applications.
If you have been affected by this issue we would strongly advise you to seek urgent legal assistance to ensure your right to remain in the UK is secured lawfully. Here at LEXVISA, our Solicitors and Barristers are experienced in dealing with refusal letters citing paragraph 322 (5) of the Immigration Rules and would be happy to assist in any queries you may have.
Using Legal Representation to Challenge Paragraph 322 (5) Refusals
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 Challenge Paragraph 322 (5) Refusals
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 02071830570 or complete our contact form.