Does The Visa System Need Reform?

[Kromovaracun]

https://www.theguardian.com/uk-news/2017/dec/03/corbyn-visa-policy-puts-uks-global-reputation-research-risk

Yet another case of the Home Office "getting tough" on immigration by enforcing completely unreasonable rules for getting a settlement visa.

In this case, a U.S. academic working for the British museum has been denied indefinite leave to remain because she spent too much time outside the UK, even though this was demonstrably for work purposes and she had her trips verified by UK institutions (although it would hardly seem justifiable if she had been required to care for a sick relative).

Does this strike you as reasonable and fair?

[youngmafbog]

The problem with looking at individual cases like this are:

1) Do we actually have ALL the evidence and reasoning behind the decision?

2) There will always be exceptions and odd cases no matter what you do (unless you just open your boarders 100%)

[Gromit]

Madness.

[Kromovaracun]

Both very true ymb. The reason I post an individual case though is because that is usually how these problems are covered in our news cycle - you pretty much never hear of them otherwise. Plus the time requirements for being in the UK are a major part of Indefinite Leave to Remain, and they are notorious for tripping people up.

Now, you might say "well make sure you don't leave the country then" but that's kind of missing the point when people are often forced to do that for a variety of reasons. I don't think anybody sane would advocate dishing out settlement visas like candy, but the rules governing them at the moment do seem particularly unreasonable and designed to catch people out who may not have any other choice.

[youngmafbog]

I do agree Krom but I'm just not convinced there are enough cases to make a change in the ruling, in addition each of the recent cases I have read differ so very difficult to know how any change could be applied that would not end up being abused.

Is there any independent appeal process? If not maybe that is the answer for the few odd cases?

[Kromovaracun]

There is an appeal process yes (and there is also "administrative review" which is a similar process for applicants outside the UK). The problem is it's hard to see how this case or others like it could get through on appeal, because the ruling is in line with the rules - and it's the rules here that are the problem, not the judgement of an individual immigration official.

[EDDIE51]

Not fair, not reasonable.

[emmie]

we seem to be getting of people that we could do with not the people we can do without. not a fair decision i feel.

[EDDIE51]

I wonder how Meghan Markle will get on. Her case will be similar once she has married Harry. Both she and her husband will be spending a lot of time out of the country. Will she have her application to remain refused and will this then affect her application for British citizenship?
I am willing to take a large bet that her application sails through in record time.

[emmie]

of course her application will sail through Harry will see to that,

[ToraToraTora]

This is a na na nana na case. Basically an official with an axe to grind finds a case that whilst technically is a chuck out, application of common sense would say not but they go with the chuck out so they can say, na na nana na see what your immigration policy has done.

[jim360]

Well that's certainly an interesting interpretation of what's going on here.

[viniyer]

Not responsible

[Peter Pedant]

// Basically an official with an axe.....//
has erm axed her application

it is nice to see all the rabid Brexiters saying
well brexit means that some losers dont get to stay in this wonderful country of ours
and she is one !

[- happens every day in the Land of the Free and as we know every action of Trump is blessed ]

[Old_Geezer]

One can appeal. I'd guess, and hope, first decision is from a lower official correctly applying rules, rules that are appropriate in most cases; whereas I'd guess, and hope, an appeal would be looked at in detail by those higher up the hierarchy, to see if the case should be an exception.

[Spicerack]

Seems strange considering we handed out 900,000 residency permits, to non-EU immigrants, last year.
Against all the Remain campaign's L̶i̶e̶s̶ predictions, Britain is attracting billions of pounds of new investment in research/research facilities. Can all these hi-tech firms be wrong?

[Kromovaracun]

So an entry clearance official has deliberately flunked this specifically so they can make the rules look silly, by obeying the rules as written?

I'm not really sure how to respond to that, 3T!

[youngmafbog]

Unfortunately people do though, they are commonly known as 'jobsworths'.