Numerous Indians are challenging the UK Govt in the court for being denied the rights to work and residency in the UK. These include Entrepreneurs, Teachers, Doctors, and several other professionals.
The General Tier 1 visa category was discontinued in 2010. But the former applicants were qualified to submit an application for Indefinite Leave to Remain until April 2018. This was subject to satisfying required criterions, as quoted by the Indian Express.
The Indian professionals have been united under the aegis of the group Highly Skilled Immigrants. They carried out a protest at the London Parliament Square against the baseless denials by the UK Home Office. This is with respect to their application for Indefinite Leave to Remain in the UK.
Many of the Indians that have been refused their ILR by the UK Govt have filed an appeal in the First Tier Tribunal and Upper Tribunal against the UK Office. These courts hear the immigration appeals in the UK.
One of the conveners of the group Aditi Bhardwaj said that innocent immigrants have been denied UK citizenship rights as evident in the Windrush scandal. The new UK Home Secretary Sajid Javid has also assured that UK HO will be fair in its decisions for immigration petitions, added Bhardwaj. Thus, these cases assume further significance, said the convener.
Bhardwaj said that the way the UK Govt has treated a few of the skilled professionals is worse than even that of criminal offenders. We have proof to demonstrate that the complete approach of the UK HO is unfair. The reason is that it is based on finding ways to refuse lawful applications for Residency and Work in the UK, added Bhardwaj.
The universal factor amongst the non-EU professionals from nations such as India, Bangladesh, Nigeria, and Pakistan is that they were residing in the UK on a General Tier 1 UK Visa. These were qualified to apply for an ILR or UK PR upon lawfully staying for 5 years in the UK.
Legal experts have observed a pattern in the refusal of several such ILR petitions. These were denied base on the Rule 322 section 5. It is a discretionary law related to the good character of an applicant. Under this rule, the petition is refused mostly due to inconsistency in the declared earnings to the UK HO and Department of Tax.
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