Mind the gap: The Loopholes in the UK Immigration Regulations

As thousands of migrants step foot off the platforms they are repeatedly told to “mind the gap”, but not only did they mind the gap, they have also exploited the current loopholes and very cleverly bypassed the UK immigration regulations to live and work here.

“Show me the money”

Those who are ever willing to bring over their spouses or families into the UK are sometimes refused due to the strengthening powers of the UK immigration border force. These new rules include a minimum earning requirement of £18,600 for a spouse and additional monies for each child , consequently the job market is still moving at a snail’s pace and therefore many applications to bring over family and spouses are declined.

Although these new measures have been put in place, there are many of those who do not lose hope and simply gain jobs in the other neighbouring European countries in an attempt to kick start applications for dependants under the EEA provisions. Due to this loophole ( which in turn has its own criteria which must be met) those cases  will not be considered under the UK immigration rules which relate to overseas dependants of British nationals  , they will fall for consideration in the UK by virtue of regulation 9 of  Immigration (European Economic Area) Regulations 2006.

“Do you take this man to be your lawfully wedded husband?”

Often known as the “Surinder Singh” avenue, this case involved an Indian citizen who lived and worked in Germany and was also married to a British citizen in Germany.  Following their return to the UK the marriage broke down and they divorced. Mr. Singh’s  visa was curtailed and deportation was a likely reality for Mr Singh. Mr. Singh appealed the curtailment and challenged the decision. The final decision maker was the European court which stated that Mr. Singh’s spouse was a European citizen and he should be granted status in line with the EEA regulations.

“But I’m Portuguese”

 Another loophole in our system consists that of many Indians who reside in Goa (south India) which was once the territory of Portugal. They claim that they have Portuguese heritage and can therefore be eligible to claim citizenship in Portugal. This then makes their move to the UK much quicker and also their families can also be brought over too.

There are always two sides to a coin, especially when talking about immigration. On one side there are those who see the UK as a country that puts everyone else first but its own, and then there are others who support those who are willing to work hard and do the tough  every day labour jobs that other British people failed to see or do.

Two Different Worlds: The English Legal System vs. African and Asian Legal Systems

The English Legal System is a common law system that seeks to be rigid and consistent.  Through the likes of precedent and statute law, this is generally achieved.

Asian and African Legal Systems follow a pluralistic ideology that look to incorporate natural law, customary law and state law. The ideology is that if these three legal theories are incorporated into the legal system, then pluralism and a strong stable state will be achieved.

For example, in Namibia, deep legal pluralism is achieved, as state law co-exists with other non-state laws. This can be illustrated by looking at their method of dispute settlement. Rather than going through the Court, as would be the case in England, there is restoration of peace at a local level through an act of “wiping of the tears”. This is a form of compensation between two parties who settle the dispute between them. Nevertheless, some commercial cases cannot be dealt with in the customary way and so must be dealt with by the state. Thus, we see how state laws co-exist with non-state laws in order to achieve a stable state.

Another example is the Thai Legal System which has a mix of a Supreme Administrative Court, the Monarchy and Buddhism influencing their legal system thus incorporating state law, customary law and natural law.  For example, despite having a Supreme Administrative Courtin place, it is in Thai consciousness to believe the King is at the very pinnacle of society and thus he can use this unquestioned authority to intervene on the political stage in times of crisis or controversy with immediate impact. This would clearly differ from England if the Queen wished to intervene on the political stage.

Our immigration lawyers endeavour to keep up-to-date with international matters and can assist individuals from all backgrounds; whether an overseas citizen is travelling to the UK and/or a UK citizen travelling overseas.

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Immigration – Government Money spinner?

Immigration in the UK is at its most contentious. It’s the stuff of debates for and against the new stricter approach to immigration by the government. Despite the ever tightening of the rules, the UK is still the destination of choice. The home office have consistently raised their application fees to new heights yet applicants will find the money to pay fees.

The Home Office are now offering to come to your home to collect your applications by way of courier and immigration officers will visit your home to collect bio metric information and make a decision on your applications within 24 hours, all for the princely sum of £6000 for the service alone.

Continue reading “Immigration – Government Money spinner?”