Personal Immigration

Court of Appeal scolds Home Office judgments

The Court of Appeal has recently ruled that the Home Office has been “too ready to find dishonesty” in UK immigration claims. This is with respect to skilled migrants who are living in Britain and is the latest black mark against the government department.

Home Office policy attacked

The Home Office developed a policy of refusing applications on the basis of discrepancies in the earnings that they were recording. This has meant that a plethora of skilled migrants have had their UK status taken away.

The court has ruled, however, that these cases were legally flawed. They have called for an overhaul of the system that is going to help to make it fairer and more responsible. That will make it better for skilled migrants who won’t be paranoid about making one small error.

Excessive use of the law

The type of discrepancies that were being cited during these rejections were minimal. These mistakes were innocent errors but the Home Office wasn’t allowing anyone to explain them or giving them a fair hearing. 

The Court of Appeal judge effectively ruled that in the cases he had seen there was no evidence that the mistakes made were done dishonestly. He criticised the Home Office for trying to find reasons to reject applications rather than working with applicants to try and get to the truth. 

The future

Thankfully it should all change. The Home Office has now been told to notify applicants of their concerns and give them the right opportunity to make their case and offer up an explanation. It’s a welcome ruling that will help many people who have previously found the process difficult. 

Hopefully, the Home office takes heed of the advice and changes its ways. If it doesn’t, there is going to be even further pressure on their methods. It’s likely that it will change for the better but the Home Office has been slow to react to concerns in the past. 

Here to help

The likes of immigration claims and declaring financial income can be a complicated business. If you have any concerns or need legal help then Richmond Chambers are going to be with you every step of the way. Contact us today to see how we can help you.

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