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I AM ALREADY IN THE UNITED KINGDOM AND I AM NOT GOING BACK TO MY COUNTRY
I have heard people saying this so many times and I think it is about time that I should write about it in the educative and ever popular African Echo.
To start with, it depends on how and under which immigration rule you entered the United Kingdom. Some people come into the UK as visitors, some as students, some on medical grounds, some as working holiday makers, some by the back of a lorry and some just arrived through the help of someone who know someone who can arrange the visa and has been paid for it.
The question here is the legality and acceptance within the Immigration Rules of each arrival method. Visitors, for instance, are given entry visa for a limited period, some could be given 2 years multiple entries, this is usually written thus: “MULTI”. This denotes that the person concern could come to the United Kingdom on several occasions until 2 years after the first date of issue. However, each visit must not exceed 6 months.
In a plain language, it means you can come into the United Kingdom, but, each time you
arrive, you must not spend more than 6 months, or better still, you are allowed to spend up to 6 months and you MUST go back to your country. If you so wish, you could come back again and again up to 2 years, but each time you enter the United Kingdom you must not spend more than 6 months.
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The Multiple entry clearance is perhaps, the most misunderstood of all entries, especially by those who made up their mind that they do not intend to return to their own countries. People in this category often rely on the fact that they have been given a leave to enter the United Kingdom for a period of 2 years…well, this is wrong and it must be said that if you are still under this assumption, then, you need help urgently. You might have overstayed in the UK and you are therefore illegal entrants who could be arrested and removed back to your country. |
Your entry clearance and visa will therefore become invalid. Another misconception is that people often apply for visiting visa on VAF 1, this is correct, however, if refused, there will be no right of appeal. On the other hand if an application is made as a Family Visitor, a right of appeal will be given, but in most cases such right of appeal is often difficult to succeed due to the fact that the period of intended visiting might have lapsed, especially, if you are a student in your country and your intention was to visit your relative during your school holidays.
Now then, there are people who arrived in the United Kingdom as visitors, knowing clearly that they are only entitled to 6 months; yet, they deliberately refused to go back to their country. Often, reasons given will include such as: “there is no one to return to, the economy of my country is so bad, I have nothing to return to in my country, I sold everything become coming. I have no job to go back home to, I have families to support in my country and I have to work to support them” .
No doubt, some or all of their excuses may be correct, however, this does not mean that the Home Office should, or indeed the Law should be changed to accommodate every excuse available or reasons for not returning to your home.
The Immigration rules are there, no one prevents you from coming to settle in the United Kingdom, however, you must obey the law of the land, it is often difficult to create a new set of rules to suit yourself. It should be understood that there are rooms in the immigration rules for people to be accommodated, however, this is subject to individual circumstances and how best they fit into the already established immigration rules.
The Home Office will listen to your reasons for wanting to stay in the United Kingdom and such reasons will be considered in accordance with the rules. If you fit in, you will be allowed to stay and if not you will be asked to go. If you refuse to go then you may be removed.
No body has the automatic right to reside in the United Kingdom unless given by the Secretary of State for the Home Department. It is rather a shame to see a qualified
Accountant in his country, coming to the United Kingdom to work as a Mini-Cab Driver or as a Security Guard, when indeed he was being guarded when he was in his own country. In the first instance, such person could have made an application under the highly skilled migrant scheme, but listening to advice from friends, who will often say that “They will not give you visa, you will be refused…You are better to go as a visitor…
Let xyz help you with your visa…Pay him and let him sort it out.., such advice may get you into the United Kingdom albeit in different immigration category, so strict that you will be unable to practice your profession and you may end up doing a job that creates impediment in your life. Your standard of living or living condition may be far less than what you expect, then, the excitement of coming to the United Kingdom will be a thing of the past…this is a sorry state of affairs that some people find themselves.
It is often better to seek advice from a qualified Immigration Law Practitioner who will be willing to guide and advice you on the best application to make and how to make it rather than seeking help from friends who might have also taken advice from another person without any knowledge of Immigration Rules.
Finally, remember, if you intend to enter the United Kingdom as a visitor, you must be able to demonstrate the following:
1)That you are genuinely coming to visit the United Kingdom for a period not exceeding 6 months.
2)That you intend to return to your country after your visit
3)That you are able to adequately maintain yourself and accommodate yourself without recourse to public funds
4)That you are able to afford cost of your onward journey
5)That you do not intend to take any form of employment either paid or unpaid without the consent of the Secretary of State.
In addition to the above rules, I will say that “You do not intend to make yourself a financial burden on those you are visiting” . You must take into consideration that those who are living or fully established in the United Kingdom have their own responsibilities and you should not take their generosity to accommodate and feed you for granted.
If you are coming to the UK as a family visitor, say so in your application, this may give you a right of appeal, if you have no one in the UK you will be coming on your own, make sure you have enough money to accommodate and feed yourself. You cannot depend on anyone. If you are allowed into the UK, make sure you depart when you say you will, this will give you the opportunity to return at a later date. If you are unable to return as you stated and there are exceptional circumstances beyond your control, you must inform the Home Office rather than saying “I will not go back” The end result could be a shock to your system, one that, for the rest of your life you may not forget. Above all, please seek advice from a qualified Immigration Law Practitioner, do not rely on your friends and family for advice and unless they are qualified and authorized to provide such advice, they will be committing a crime by advising you in accordance with the provisions of Immigration and Asylum Act.
Best of luck and please stay out of trouble.
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For all of you who have sent letters, emails, faxes and called for immigration advice, the details of our immigration lawyer Dr. David Akin-Samuels is below for your attention.
Tel: 0208221 0233, 07958967172
Fax: 02085559431
Get in touch with him directly.
Thanks Editor.
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