HO memo to officers: stop deporting overstaying students

[MikeKorea]

Sent to the agency's six regional directors, it reveals how the organisation's chief executive Lin Homer personally intervened to halt one deportation.

The note describes a recent rule change which was meant to crack down on student overstayers, making them automatically liable for refusal if they sought a visa extension.

A proportion of these refusals have led to removal some of which have been enforced.

One such case came to Lin Homer's attention last week, resulting in the removal being cancelled and some critical comments from Lin.

"Please instruct your enforcement teams not to proceed with enforcing any student refusal cases unless they are deemed, at at least inspector level, to be a priority due to Harm (a reference to the Home Office system of gauging how harmful it is for an illegal immigrant to remain in the country).

"Student case working teams have been instructed not to pass any further student refusal cases linked to this issue to enforcement teams."

http://www.dailymail.co.uk/pages/live/a ... =1770&ct=5

[MikeKorea]

http://news.bbc.co.uk/2/hi/uk_news/politics/7174388.stm

[archigabe]

In a statement, Ms Homer said: "The case that prompted this memo concerned a student who entered the wrong credit card details on an application that was submitted within time.

"Student cases that show evidence of fraud or corruption will continue to be referred for enforcement action."

http://news.bbc.co.uk/1/hi/uk_politics/7174388.stm

didn't someone on this board have the same problem previously?

[rg1]

A major headline in Daily Mail
http://www.dailymail.co.uk/pages/live/a ... =1770&ct=5

Interestingly, it shows how one can stay illegally in UK. All HO can do is to talk to legal & highly skilled immigrants. They will never do anything to illegal immigrants. Simply they don't have enough resource to combat illegal immigrants

[Emma84]

This makes me angry as I came into the UK on a student visa, and I spent more than half my time (when I should have been studying) running around trying to find an alternative visa route to stay in the UK with my fiance before my student visa expired. Not to mention the amount of money I spent to do it. While I can see that there are some with exceptional circumstances I don't think you can apply it to a whole group of people.

Bottom line in my opinion is the HO has just legalised overstaying for students only, where anyone else with a different visa would be classed as an illegal immigrant for overstaying their visa. I don't think that's a fair system.

[SYH]

This makes me angry as I came into the UK on a student visa, and I spent more than half my time (when I should have been studying) running around trying to find an alternative visa route to stay in the UK with my fiance before my student visa expired. Not to mention the amount of money I spent to do it. While I can see that there are some with exceptional circumstances I don't think you can apply it to a whole group of people.

Bottom line in my opinion is the HO has just legalised overstaying for students only, where anyone else with a different visa would be classed as an illegal immigrant for overstaying their visa. I don't think that's a fair system.

they didn't legalize overstaying for students, they just aren't the priority in terms of enforcement which makes sense in the grander scheme of things

[Hernancortes]

I love it. It just winds up the hate mail readers in the UK.
They are frothing at the mouth like rabid dogs now. RFLMAO.

On a serious note, the gov't has never told us how they intend to deport over 1 million illegals from the UK. Why doesn't anybody have any cojones in gov't and admit that it is impossible to do so?

[gordon]

It's no wonder that the ministerial post of running the Home Office is considered a poisoned chalice. Even if the HO prop up their numbers by subjecting overstaying students to systematic refusal of renewal and diverting resources to those students' possible removal (one might call those unfortunates 'sitting ducks'), the HO are still condemned for not doing enough to remove the higher-risk undocumented migrants. Poor Jacqui.

But David Davis's rhetoric is uselessly inflammatory: while he implicitly acknowledges that resources are limited, he nonetheless advocates a zero-tolerance position that has no discernible practicality in addressing the reality that the HO must make awkward choices as to where they will devote their energy and resources; the HO would similarly be chastised if they did not have a transparent priority system for removals. And while overstaying has its own problems, the reality is that other government reports have shown the beneficial effects of foreign students in the UK with relatively low security risks associated with their presence, and thus it's a bit facile and melodramatic to lump these newly-overstayed students in with all foreign prisoners and failed asylum seekers as being comparable threats to the fabric of British society. It seems reasonable to do so only if evidence suggest any abuse of the system or, as the article suggests, fraud or corruption (or any other criminal activity).

As for that poor Chinese student at Manchester, I'm pleased to see that Lin Homer reversed the removal order (and presumably extended the student's leave) in acknowledgement of the student's having acted in good faith, the snafu with the bank details notwithstanding. If the caseworkers' discretion cannot even extend to judging the applicant's demonstrated intent, well, then perhaps the world is even more soulless than I thought.

(For some reason, when I was a student two decades ago, getting all those extensions of leave, I don't remember ever having paid anything at all. When did they introduce fees for student-leave extensions ?)

AG

[JAJ]

I love it. It just winds up the hate mail readers in the UK.
They are frothing at the mouth like rabid dogs now. RFLMAO.

On a serious note, the gov't has never told us how they intend to deport over 1 million illegals from the UK. Why doesn't anybody have any cojones in gov't and admit that it is impossible to do so?

Even if there is no realistic chance of deporting all of them (some will certainly be deported or leave of their own accord) that is no basis to just give settlement which then allows benefit claims, chain migration of relatives etc. And in turn give an incentive to more people to break the law and wait for next "amnesty".

[Dawie]

I love it. It just winds up the hate mail readers in the UK.
They are frothing at the mouth like rabid dogs now. RFLMAO.

On a serious note, the gov't has never told us how they intend to deport over 1 million illegals from the UK. Why doesn't anybody have any cojones in gov't and admit that it is impossible to do so?

Why can't someone with cajones admit that immigration control is inherently discriminatory and dearly beloved and do away with it completely. That's what I'd like to know.

Immigration control simply cannot work. Trying to control and impede one of the most fundamental human rights, the right to free movement, is simply unworkable.

[Hernancortes]

" if there is no realistic chance of deporting all of them (some will certainly be deported or leave of their own accord) that is no basis to just give settlement which then allows benefit claims, chain migration of relatives etc. And in turn give an incentive to more people to break the law and wait for next "amnesty"."

Why do you assume that most people will go straight to the dole and ask for giro cheques? Another assumption is also that they will bring their relatives here. It really nnoys me when i read such garbage staright from migrationwatch. Not everybody in the world wants to come here or ask for benefits. Enforcing action against highly (mostly) educated students who have spent thousands in fees and living costs is a ludicrous priority. Anyway, immigration control is impossible in the west until the iniquities in the southern countries are addressed, this situation is here to stay.

[VictoriaS]

A very large number of student overstayers occur because idiots at their university have forgotten to post the form in time, or because they have made a mistake themselves and have stayed over by a few days or weeks. It has always been the policy to allow those overstaying by up to 28 the benefit of the doubt, and this decision in effect backs the old policy up - although it doesn't go as far as to say that extension applications will be entertained.

In other words, this leaked policy is harsher than the old one, but that won't stop the right wing press from banging on about how lenient this system apparrantly is.


Victoria

[alientrader]

I love it. It just winds up the hate mail readers in the UK.
They are frothing at the mouth like rabid dogs now. RFLMAO.

On a serious note, the gov't has never told us how they intend to deport over 1 million illegals from the UK. Why doesn't anybody have any cojones in gov't and admit that it is impossible to do so?

Why can't someone with cajones admit that immigration control is inherently discriminatory and dearly beloved and do away with it completely. That's what I'd like to know.

Immigration control simply cannot work. Trying to control and impede one of the most fundamental human rights, the right to free movement, is simply unworkable.

Don't be a freaking retard. Immigration control aids in preventing undesirables into the country, any country. A right to free movement must be upheld in conjunction with the right to safety for all residents. As a matter of fact, immigration control must be strengthened. your hysterical holier than thou attitude impresses no one.

[VictoriaS]

How dare you call someone a retard. You don't know how hard these rules can be for people in impossible situations until you are in this situation yourself. You have no right to make such sweeping statements, and this kind of name calling must be unacceptable.


Victoria

[sashank]

These colleges or anyone who acts on students behalf but fail to submit application on time and make poor students overstayer should be punished rather than the student themselves.

[paulp]

Foreign fees bring so much revenue to universities and the country. I don't understand why the home office and/or the universities' international offices are playing with that lucrative revenue stream.

[JAJ]

A very large number of student overstayers occur because idiots at their university have forgotten to post the form in time, or because they have made a mistake themselves and have stayed over by a few days or weeks. It has always been the policy to allow those overstaying by up to 28 the benefit of the doubt, and this decision in effect backs the old policy up - although it doesn't go as far as to say that extension applications will be entertained.

In other words, this leaked policy is harsher than the old one, but that won't stop the right wing press from banging on about how lenient this system apparrantly is.

Perhaps true but the anecdotal evidence is that there are plenty of "scams" where student visas are concerned, both in the United Kingdom and other countries.

There is a strong argument that the number of student visas should be radically reduced, but that would require some political will to tell the "education industry" that the wider national interest is not served by large-scale student recruitment from overseas, even if it makes profits for certain institutions.

[archigabe]

On a related note, it's disgraceful that the UK government will allow universities of dubious repute fleece 'internationals'...It seems that in the UK government's opinion 'foreigners' are just cash cows who don't deserve value for money, and they can just be kicked out after they have coughed up their money into the UK.

Bogus university scam uncovered

http://news.bbc.co.uk/1/hi/education/7175730.stm

An international education scam that targets foreign students who come to study in the capital has been exposed by a BBC London investigation.

The bogus Irish International University (IIU), which offers sub-standard and worthless degrees, has been allowed to flourish in the UK - virtually unchecked by government - for the last seven years.

Although the organisation is unaccredited, hundreds of students have been given educational visas to enter Britain and take its exams at private colleges in London.

[VictoriaS]

I have had three victims of this kind of thing come to see me this week alone. It's apalling, and the government really don't seem to care. Their priorities are so wrong.


Victoria

[adindas]

Hi old Mate
Watch your back mate. I disgraee with you. I will say, it is Not
Immposible i f there is a will.

I love it. It just winds up the hate mail readers in the UK.
They are frothing at the mouth like rabid dogs now. RFLMAO.

On a serious note, the gov't has never told us how they intend to deport over 1 million illegals from the UK. Why doesn't anybody have any cojones in gov't and admit that it is impossible to do so?