|
I
am a student in UK. What rights do I have?
In the first instance being a Student in the United Kingdom could be one of the most rewarding experiences of a lifetime. We often here it from our leaders and opinion pioneers in African Countries when the say “I was a Student at Oxford or Cambridge or indeed in London”. Back home in Africa, we often envy such statements and hope that one day we will all be able to say the same or at lease experience the same pride of being educated in the United Kingdom.
However, things has changed, Immigration rules has changed, London has changed. To some, it has changed for better and to some it has changed for the worse.
Nowadays, if you intend to come to the UK to study, you will need to satisfy all aspects of immigration rules concerning leave to enter the United Kingdom as a student. These rules, are made with a view to give overseas students, the best opportunities to gain from their studies; and to ensure that at the end of their studies, they are able to return to their country of origin with a solid education which is second to none in the world. However, how many students are actually in the United Kingdom as a student? Let us look at a typical student from Nigeria. Let’s call him Ade, and trace him from when he submitted his visa application form to the British Embassy in Nigeria. As we all know nowadays, you can submit your application through what is called the “drop box” operated by the DHL.
The last time I visited Nigeria, I curiously went to DHL Office at Isolo, just to have first hand knowledge on how the system works. I was amazed to see that those submitting their applications through the drop box, are now subjected to the same humiliation of queuing up in the scorching sun. They are then interviewed by DHL official, who has nothing to do with the British Embassy other than acting as an intermediary, or should we say as a “Contracted Post Bag”, to break the mounting criticisms of the treatment of those applying for entry clearance “visa” from their front door in Nigeria.
Nigerians, being Nigerians, laws are taken into their own hands and harsh treatment or rejection awaits anyone who so much question the security guards.
Ade went through all this thinking everything was in order until he received a letter from the British High Commission, inviting him for the fearful interview. Firstly, he went to the Church for special prayer, and the Pastor assured him everything will be OK, in the name of our Lord Jesus Christ – Amen..
Ade left his home at Festac Town on the day of the Interview armed with all his documents which includes:
a)Letter of Admission to the University of Westminster where he intends to study Bachelor of Arts in Marketing – He is the Marketing Officer at Guinness Nigeria but aspires to become the Marketing Manager and to be able to say “When I was a Student in London” – two ambitions in one.
b)His Bank Statement showing more than One Million Naira in Credit
c)His intended Accommodation details in London
d)The receipt for the first Semesters University fees at Westminster
e)His Letter of resignation from Guinness Nigeria and a letter from his direct line manager saying he will be re-employed upon his graduation
f)His long time Girl Friend who is supporting him morally and who is a “Social Advantage” to the whole plan.
Ade, went for the interview and it was successful, he was issued a one year Entry Clearance (Visa) to the United Kingdom. He has made it!
He went to the Church on Sunday and had a “Thanks giving” service and he had a party in his house soon to be where “he used to live in Nigeria”. He flew down to London and settled in very quickly, he started attending lectures and doing his assignments and complying with his landing conditions for the first 6 months.
The calls started coming from Nigeria for financial support – The entire family has forgotten that his mission was to be educated in the United Kingdom and not to find Pound Sterling to aid the entire family. The pressure mounted and Ade, a kind hearted young man decided to look for a job. He realises that he is allowed to work up to 20 hours a week as a student. He got a Job as a Security Guard through an Agency. This is where the problems start.
Ade works shifts; he can be called at any time to anywhere in London to work. The Pound Sterling was coming in, all be it not much, he sometimes, take home £250.00 a week, out of which he pays his rent and cater for his social needs, but he must send money home. (Don’t forget he is only allowed 20 hours a week) but he was unable to insist on these conditions due to pressure from home. He will work, when he is called, he will make money come summer or winter.
He will suffer to catch the bus or train, he will pay his rent and he will eat Chinese when he wants, above all, he will drink at least two bottles of Nigerian Guinness a day – afterwards, this is what he is used to in Nigeria.
The first year visa is about to expire, he needs to submit FLR(S) (Further Leave to remain as a Student application form). With the application form, he must submit the following:
a) His progress report from the University. Wait a minute! It has not been easy, Ade must work, he must study, there are no lecturers to bribe, he must pass his examinations, he must pass his assignments and he can only do these things if he has been attending regularly and concentrating on his studies. But it has been difficult to concentrate on one thing viz: education, he has to work, socialise and get to know other Nigerians in London through attending parties. It is not all about book; he must have a Girl Friend – a job on its own. Sadly enough, Ade need to acclimatise, he needs to understand spoken English so that he can understand his lecturers and be able to understand what he has been taught at the University – he has had no chance of achieving these things, so he failed in 3 subjects out of 6. So he had to re-sit the first year examinations. Oh dear!
b)He will need to get the college stamp to show regular attendance, Ade has missed more than 40% of his attendance at the university.
c)He will need to show he is able to accommodate and maintain himself without recourse to public funds or take up employment either paid or unpaid – There is a confusion here – On one hand you are allowed 20 hours work without seeking permission from the Secretary of State, and on the other hand, you must not engage in any form of employment either paid or unpaid without permission from the Secretary of State – It matters not, you are still, as a student, allowed to work up to 20 hours during your term time and no time limit during your holidays.
Ade’s application to the Home Office for further leave to remain as a student was refused and he was given 10 days to appeal. He ran to a Lawyer who assisted him in completing the appeal form. At the hearing and through the Pay slips and number of hours worked, coupled with failed examinations, the Home Office Lawyer was able to proof conclusively, that Ade has been working more hours than is allowed, he has not been able to concentrate or pass the examinations and he is therefore not fit as a Student – The appeal is therefore dismissed. Ade was given 5 days to file for reconsideration on point of law or facts.
There were no error in law or in fact in Ade’s case, it is very clear from Immigration Rules what is expected of Ade, but due to pressure from home he has failed to observe the rules, hence no where to turn to. He cannot apply to the Home Office in another category nor is he able to show conclusively that the Home Office has got it wrong. He now becomes an illegal entrant and must either go back to Nigeria voluntarily or be removed from the UK.
These are the problems faced by many Students in the United Kingdom and Ade is not alone in his predicament.
My advice is to ensure that you obey the rules and to remember, the rules are not there just to satisfy the United Kingdom, but also, to ensure that you get the best out of your education in the United Kingdom. You must see that the more you know of Immigration rules the better it is for you to know when you are going wrong. Check yourself straight away, how many hours are you working in a week? Do you have enough time to study or are you just using education as a front to make money for “them” in Nigeria or Ghana? Do not forget your dream to be educated in the United Kingdom, focus and be honest with yourself – these are the keys to your future.
If you are making or about to make an application for further leave to remain in the United Kingdom, contact an Immigration Lawyer, they know the rules and can guide, direct, advise and ensure your application is successful. Remember, you are instructing them and you have a contract with the United Kingdom as a Student. If you require further advice or help, contact the African Echo who will direct you to the writer of this article – Good Luck! But DIY in Immigration law is always a disaster – Immigration problems are like a cancer, once it spread, it is difficult to curtail.
|
