New immigration rules cause alarm

By Frances Webber

Domestic violence victims will be forced to stay with violent partners, lawyers say.

As from 21 April, people who came to Britain to join British or settled migrant partners and seek settlement with them after the two-year probationary period, or have been forced to leave them through domestic violence, must have a clean criminal record to be eligible to settle here. This is one of those rules to satisfy the Tory backwoodsmen and shut up the liberals – but the ‘unspent conviction’ which prevents settlement here can be something as trivial as a minor driving offence or a conditional discharge or a fine related to attendance at a demo. The ‘rehabilitation’ period for a conditional discharge is one year, for a fine it is five years. So a speeding fine means no settlement for five years.

As Alison Harvey, from the Immigration Law Practitioners’ Association (ILPA) (http://www.ilpa.org.uk/), has observed, although the new rule applies to all partners seeking to stay permanently, the rules allow those still in relationships to get a temporary extension of stay until their conviction is spent – but victims of domestic violence who are refused settlement, like bereaved partners, will have no option but to leave the country. Thus, as women’s and migrant support organisations have pointed out, the requirement ‘closes an escape route from domestic violence for any woman with any level of criminal conviction’ – as staying with a violent partner may be the only way they can stay in the UK.

In response to the concerns expressed, immigration minister Damian Green has written to ILPA saying that applications from abused women with a minor criminal conviction related to their domestic circumstances will be considered for permission to stay outside the immigration rules on a case-by-case basis, as will applications from those with a very minor conviction. But this non-assurance does not give women in violent relationships the necessary confidence that their immigration status will not be prejudiced by leaving them, which is the guarantee they need.

Source: Institute of Race Relations

April 2011 and beyond: points, caps and settlement

Immigration Law Practitioners Association (ILPA)

30 March 2011, 4 – 7.15pm London

This session aims to arm practitioners with everything they need to know about the changes to be introduced on April 6 2011 and to analyse the potential pitfalls and strategic solutions. Topics to be covered include permanent caps and criteria changes for Tier 2 General and Intra-Company Transfers; changes to Tier 1 (General), Tier 1 (Entrepreneur and Investor) and the fate of Tier 1 (Post Study Worker); the new Tier 1 (Exceptional Talent) route and transitional arrangements. Course costs vary: ILPA members £180, CR*£120, others £360.

For more information and to register, please follow this link: http://www.ilpa.org.uk and use the training tab.

Refugee and international protection update,

13 April 2011, London,
4pm – 7.15pm

This will help legal practitioners make sure they are fully up to speed with legal developments on refugee law, subsidiary protection, other human rights conventions relevant to protection of migrants, and have identified litigation likely to arise out of these developments. The course will review recent developments, understand the full potential of the caselaw, are conversant with the latest procedures and understand the areas in which the law is developing.

The course costs vary: ILPA members £120, CR*£60, non-members £240.

Please follow this link for more information and to register: http://www.ilpa.org.uk and use the training tab.

Immigration lawyers seek guidance for children involved in appeals

A professional body for immigration lawyers has called for specific guidance to asylum and immigration tribunals on treatment of children involved in appeals.

The call came while Immigration Law Practitioners’ Association (ILPA) was responding to a consultation on the procedures for tribunals deciding appeals against Home Office decisions.

ILPA asserted while guidance for child and vulnerable witnesses in family courts was good, it wanted further guidance for tribunals that takes into account the range of circumstances for the children involved.

A solicitor and member of ILPA’s children’s sub-committee Syd Bolton said it was important that everything that is put in place makes the court a place where a child could be made to feel as comfortable as possible and be given the opportunity to be heard.

ILPA Updates

The Immigration Law Practitioners’ Association released new updates on the withdrawal of the seven year child concession, the Borders, Citizenship and Immigration Bill, the transfer of judicial review and changes to policy on removlas and judicial review.

Seven Year Child Concession (PDF)

Borders, Citizenship and Immigration Bill (PDF)

Transfer of Judicial Review(PDF)

Removals and Judicial Review (PDF)