Mind the gap: The Loopholes in the UK Immigration Regulations

By September 10, 2013Immigration

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.