|
|
What have you got yourself into?
IT IS EASY, it looks straight forward, and the website and the instructions on the application form itself are easy to follow by anyone who has a bit of education and who is able to understand simple English. If this is so, why then has so many self-styled Immigration Lawyer got it so wrong?
In this article, I will be highlighting the problems of a student who has decided to submit an application by himself to the Home Office for the extension of his leave to remain in the United Kingdom as a student.
As usual, let us use one of those names that ring a bell with every one, let us call our subject “Smart Ogbonaku” a well turned out good looking bloke from Nigeria who entered the United Kingdom in 2006 on a student visa.
Smart has spent the first year and passed his successfully completed his examinations at the Eastwing College of further and higher education in Stratford, his first year tuition fee was £3600.00. In the first instance, and before leaving Nigeria he studied at the University of Umuahia where he obtained B.Sc in DIY and he was working at the New Generation Bank Okpokuto Enugu.
He was able to save for his first year tuition fee at the Eastwing, but he did not want to be self-sponsored, in case his application is refused by the Entry Clearance Officer in Abuja, so he asked his junior Brother to be his sponsor and all sorts of papers were put together to make it look real.
Not much of a problem as it was accepted by the Entry Clearance Officer in Abuja and here he is today! He is in the United Kingdom, as a student of Eastwing, studying a two year Post Graduate and Masters in DIY.
It has been difficult for Smart, to say the least, he has to find money to pay his one bedroom accommodation rent, find enough money to pay for his Zones 1 to 3 travel card every week, find money to pay for his Benson & Hedges cigarette and Nigerian Guinness, furthermore, he must find money to purchase some books and his mother is in Nigeria shouting for a few Pound Sterling every month.
The pressure was simply too much for a lone person in a foreign country to bear. He has now leant a few swear words, so each time he put down the telephone receiver from his mother in Nigeria, he will swore….You know what I mean!
Smart has been working
as Security Guard for Peeping Security Services Limited; his contractual hours were 20 hours a week.
He has his SIA badge and uniform. However, due to the pressure at home and from his lifestyle, he needed more money all the time. He will personally hunt down the site manager of Peeping Security Services for overtime, hence, Saturdays and Sundays, he works an average of 40 hours, this is on top of his regular 2 days night shift during the week that constitute the 20 hours he is legally allowed to work during his college term.
Now then, his first year visa has only 4 more weeks to run hence he need to send it to the Home Office for extension of leave to remain as a student in accordance with paragraphs 57 to 60 HC 395 as amended (sorry about the jargon)!
Smart went straight to the Home Office Website www.bia.homeoffice.gov.uk , he spent about 2 hours searching for the right application form for student, eventually, and he got the new FLR(S) (further leave to remain as a student).
Quickly he printed it out and complete the forms carefully following every single word of instructions on the form.
Part of the form requested to know if he was working in the United Kingdom, firstly he spent days thinking whether to say yes or no to this question, his mind was very busily engaged as to the reasons for asking this question, when, in the first instance, he has been issued with a National Insurance Number and he has a contract of employment stating that he only work 20 hours a week.
At last, he decided to say a BIG YES to the question.
He has now completed his application form and he must attach documentary evidence of his employment including his contract of employment, 3 months pay slips and so and so forth. Mr. Smart did just that and he sent off the application including all the attachment, all sent in its original form by recorded deliver and no photocopies were made.
Three weeks later, he received a letter of acknowledgement from the Home Office and 8 weeks thereafter he received a big brown envelope from the Home Office. Eagerly, he opened it only to see a letter of refusal and his last visa underlined with a deep line. He has been refused for working more than allowed in the United Kingdom. He will need to appeal the Secretary of States decision.
This is the only time that Mr. Smart decided to see an Immigration Lawyer – when it was too late for advice, too late for help, too late for assistance!
What have you got yourself into Mr. Smart?.
It is important to know that the Law governing immigration are strictly applied by the Courts and unless there are exceptional circumstances, it is highly unlikely that the Court will allow the appeal and at last Mr. Smart has been outsmart by himself.
My advise to you in all these, is that, it is easy for you to get any low paid job which might be cleaning, care, security and any other job whilst you are a student in the United Kingdom, but it is important for you to know how many hours you are permitted to work, failure to observe the conditions attached to your immigration status in the UK will always result in heart ache.
The Laws are enacted for a purpose and you will not be a smart person by thinking you can circumvent the law.
Furthermore, I will strongly advise you that you must check out your College, it is not registered with the appropriate authorities; the chances are that your application for extension of leave to remain as a student will hit the rocks.
Your main reasons for coming to the United Kingdom as a student is to study and gain a useful qualification at the end of the day and not to work all the hours under the sun so that you can earn enough pound sterling to rescue a situation back home which, when you were at home you could not even think of what to do.
If your reasons for coming to the United Kingdom is to make money, then do not come into the UK as a student, there are many other categories under which you could seek entry which will allow you to work full time without violation of the law.
Finally, should you find yourself in any situation unexpectedly, you are advised to contact an Immigration Solicitor immediately, leaving it or moving to another address will not solve the problem, hiding is not an option either, you could easily be found out!
Good luck and please stay safe out there.
|
|
|
|
|
|
|
