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KNOWING YOUR IMMIGRATION STATUS IN THE UK
Hello again and welcome.
This week I will be looking at so that you can determine if you have the right immigration status or you are in the UK your immigration Status in the United Kingdom and I will be urging you to check yourself illegally.
Let us use our friend Akin as a point of reference. Akin left Uganda about 2 years ago, he applied to come to the UK as a visitor, fair enough, his Sister is a British Citizen, so he completed VAF 1 (visa application form 1), submitted it to the British High Commission and eventually he was granted two years multiple entry visa.
He was on top of the world when he was living. When he got to Heathrow Airport, he was asked the following questions:
Q. How long are you here for?
A. I am only here visiting my sister Aduke
Q. How long would you be here visiting your sister Aduke?
A. Four weeks Sir
Q. What would you be doing in those four weeks?
A. I will be visiting London Bridge, London Eye and other places of interest
Q. When would you be going back to Uganda?
A. In four weeks Sir
OK, you are welcome!!
Akin's passport was stamped with the date he entered the United Kingdom.
He came out of the Airport and took the first available Black Cab all the way to Peckham, even though he did not know where he was going, he simply gave the address to the cab Driver.
The first shock of his visit to the UK was when he got to Peckham and he asked the Cab Driver how much was his journey and he was told £45.00. Akin quickly calculated the exchange rate at 250 Naira to £1.00.
He confusingly asked the Cab Driver for a discount which of course was refused.
Anyway, he paid the Cab Driver the £45.00. Nevertheless, Akin was having fun of his lifetime, he is now comfortable being in the UK, he bought a car on ebay for £450.00 and now drives, albeit without a Drivers licence.
He received the second shock of his life when he was stopped by a Police Officer just for a simple vehicle check the rest is history - Akin is now in the detention centre awaiting removal from the UK as an overstayer.
My advice therefore, is that you must know your own immigration status, if you come into the UK as a visitor, regardless of the number of years visa given to you in your country, you are allowed only 6 months stay at one go and your visa starts running from the date of issue, so be warned.
The second category of offenders are those that come into the UK as a student and then completely forgot their purpose in the Country, all simply because they are allowed to work for a maximum of 20 hours during their term time.
However, they are often tempted by the generosity of their employers who may offer them overtime. Tempting as it may, it could easily lead to you working beyond the allowed time.
This was the case in Mr. Okon. He came to the UK as a student, he has been renewing his visa for the last three years, he is studying ACCA.
However, he also work as a Security Officer, he works mainly at Night earning a tidy sum of £190.00 a week, he is by all standard a comfortable student.
Mr. Okon is always available, he covers up for any emergency at work, afterwards he will be paid, overtime is no problem to him, he is available to start work at 4pm, but his main shift is between 10pm and 6am the following day.
It comes to a time when he needed to renew his visa. He has renewed his last two visas through an Immigration Lawyers who will always provide him copies of all documents sent to the Home Office.
Mr. Okon is very confident he can do it on his own this time and does not require assistance from any Lawyer.
He knows the forms to complete, he knows the documents to enclose, so, off he went to the Home Office website and downloaded the relevant FLR(S) form.
Meticulously he completed it ensuring that he is crossed all the t's and dot all the I's.
Mr. Okon enclosed his three months payslip along with other documents required by the Home Office, he knew it had to be sent by a recorded delivery, so, he did exactly that.
Three weeks after postage, he received a standard letter of acknowledgement from the Home Office. He boasted to his friends that, this is what the Lawyers charge so much money for, I have done it, I have the evidence that my application for my extension is now with the Home Office, all his friends congratulated him for beating the lawyers to it and saving himself a lot of money.
His dreams were short lived when he received a packet containing his passport and all the supporting documents and a covering letter from the Home Office. He has been refused and asked to leave United Kingdom and unless he has other reasons, he will be committing a crime.
At this point, Mr. Okon was so confused, worried and believed someone was after his progress all the way from Nigeria. He decided to go to Church and confined in the Pastor. A special prayer was held for him. The Pastor told him that he saw a vision for him and that he must go and see an Immigration Lawyer as quickly as he could.
Well, this was Mr. Okon's Pastor in whom he believed so much, he took his advice and came to see an Immigration Lawyer who then checked through the letter of refusal and the documents sent by Mr. Okon. The Lawyer discovered that Mr. Okon has been working an average of 47 hours per week as opposed to the 20 hours allowed.
I must point out at this stage that, the 20 hours Policy is not in the Immigration Law book, however, it is there for a reason, such that you are able to devote enough attention to your studies while still gaining work experience in the United Kingdom. However, Mr. Okon stretched it and he suffered the consequence.
He is still struggling to get himself back on the track as a student. He has lost his job due to the fact that he know longer has the right to work in the UK, not even the 20 hours.
My advice here is that law books may be read by anyone who is able to read and write, what matters most is the interpretation, the understanding of the meaning of what is written and its effects in practice.
Deciding to avoid the advice of a Lawyer could and would lead a loss of guidance which otherwise could assist you in achieving your goal. If by any chance you are in the same situation like Mr. Okon, then I advice you today to seek the help of a Lawyer, you will only have yourself to blame if you don't.
Take care of yourself and be wise out there.
Should you require advice on the above issue please contact the African Echo publishers who will direct you to an Immigration Lawyer.
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