August 1, 2018

Home Office Unlawfully Nullifies British Citizenship In Hundreds Of Cases

31 Jul 2018

Another embarrassing facts about the Home office policy has just been reveled!
I would say this time indeed serious one: The !Home Office Unlawfully Nullifies British Citizenship In Hundreds Of Cases

New figures obtained from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013.
A freedom of information request has revealed that there were 262 decisions to nullify British citizenship between 2007 and 2017, with 176 of these occurring in 2013 alone.
The Home Office can either nullify a person’s citizenship or deprive them of it. Nullification of citizenship has immediate and retrospective effect and can be used in more cases than deprivation. Nullification is far more difficult to challenge and has no right of appeal. Therefore, the Home office decisions on citizenship applications are practicality almost final and definite!

Deprivation cases generally involve national security issues or deception leading to the acquisition of citizenship. The procedure for the deprivation of citizenship is governed by the British Nationality Act 1981 and is strictly regulated.

Nullification of citizenship is an obscure common law declaration. The Home Office can nullify citizenship if it can be proved that the applicant impersonated another person in order to obtain British citizenship. The person who loses his/her citizenship is considered never to have been British.
Therefore any family members, who have obtained their British citizenship through them, will lose their citizenship as well.

In the Supreme Court case of Hysaj [2017] UKSC 82 the Home Office itself conceded that nearly all of the nullification decisions were unlawful! A team of civil servants from the Status Review Unit is now reviewing these historic decisions.

It is believe that most of the historic nullification cases are based on identity fraud, for example, providing an incorrect name, date of birth or other information at the time of the initial citizenship application. It remains unclear as to why the Home Office opted for the nullification procedure rather than the deprivation procedure in these cases.

July 15, 2017

How to employ skilled non-EEA workers – a Sponsor Licence

Employing an non EEA worker in the UK is not always simple and easy process, specially if an employer asking for a sponsorship licence for first time.
This is because the UK immigration rules are demanding on employers who want to bring talent to the UK.

To employ skilled non-EEA workers, UK employers first have to apply for a sponsor licence. But a refusal rate of 15% suggests employers are struggling to get the application process right.
And through increasingly protectionist policies, designed to encourage employers to favour resident labour, the rules have become more onerous – and costly – for employers.
However, the ability for UK organisations to access skilled talent from overseas has never been more essential.

With figures showing EU workers leaving the UK amidst Brexit uncertainty, and domestic skills shortages in sectors as broad as tech, health and social care, education and engineering, employers in Britain are looking to the global talent market to meet their recruitment needs.

Tier 2 visa

The Tier 2 visa is the primary entry route to the UK for skilled foreign workers from outside Europe.

To be able to hire new skilled workers from outside the EU under a Tier 2 visa, or extend work permits for current employees, employers must apply to UK Visas & Immigration (UKVI) for a sponsor licence.

To apply for a sponsor licence, you must show through the application process that:

You are a genuine organisation operating lawfully in the UK.
Your key personnel named on the sponsor application are honest, dependable and reliable.
You have effective HR and recruitment systems and practices in place.
You are offering genuine employment that meets the Tier 2 skill level and appropriate rates of pay.
What do employers and HR need to know before they apply for a sponsor licence?

Questions to ask before you apply for a sponsor licence

How will you use your sponsor licence?
Since successful licences are valid for four years, you need to be clear at the outset what your recruitment needs will be in order that your licence provides sufficient cover for its duration.

When you apply for a sponsor licence you will need to specify the types of workers you are looking to recruit:

Tier 2 workers: Skilled workers with long-term job offers.
Tier 5 workers: Skilled temporary workers.
You then need to consider how you will use the sponsor licence.

There are two options available – the unrestricted Certificate of Sponsorship (CoS) and the restricted CoS.

Unrestricted CoS are used for new employees with a salary of more than £155,300; switching within the UK to the Tier 2 (General) visa; and extensions.

When you apply for your licence you will be asked to estimate how many Tier 2 certificates you will require. You will then be granted fixed allocations of unrestricted CoS on a yearly basis as part of your sponsor licence.

You must issue the unrestricted CoS to the overseas worker within three months of allocation and within six months of first advertising the vacancy.

Individuals must then apply for Tier 2 clearance within three months of receiving the CoS.

Restricted CoS are intended for new employees applying from outside the UK to enter under a Tier 2 (General) visa and who will be earning under £155,300 per annum, and individual dependants of Tier 4 students applying from the UK wishing to switch to a Tier 2 (General) visa.

There is an annual restriction in place on the number of migrant workers admitted to the UK from outside the EU under a Tier 2 (General) visa on restricted CoS.

UKVI review all applications for restricted CoS on a monthly basis. Those requests which meet the points criteria (minimum 32 points) are approved. If the restrictive allocation limit is oversubscribed, applications are prioritised according to a points table.

The available restricted CoS are allocated based on the highest points scored. Points are awarded based on whether the job is in a shortage occupation, a PhD-level occupation, and the salary on offer.

There are no guarantees if and when restricted CoS applications will be approved.

If a CoS is granted, the employer assigns the CoS to the individual, who can then use the reference number to apply to the Home Office for entry permission.

Any restricted CoS unallocated after three months will be automatically returned to UKVI for reallocation.

2. Who should you appoint as key personnel?

As a sponsor licence holder, you are required to nominate individuals within your organisation to carry out particular administrative functions – so-called ‘key personnel’:

• Authorising Officer • Key Contact • Level 1 user

It is important that you understand what these roles are all about, and who you can – and critically cannot – appoint to them.

You must also understand what your obligations are in terms of the security of e-mails and passwords issued to anyone carrying out these roles. These must not be shared, even between your Key Personnel.

You must make also sure that you have an Authorising Officer and at least one Level 1 user in place at all times. If a member of staff leaves and you fail to appoint someone else to the role, UKVI can choose to downgrade your licence (and charge you for the opportunity to upgrade it again) or even revoke your licence altogether.

Once you have been granted a licence you can also choose to nominate individuals as Level 2 users.

3. Compile your application & supporting documentation

To apply for a sponsor licence you must write and submit an online application. Preparation is essential.

In support of your online application, you must collate and submit supporting documentation to meet the necessary evidentiary requirements.

The supporting documents must be supplied within five days of the initial application. Failure to submit all required documents will result in your application being delayed or rejected, and further costs being incurred.

So it’s important to have prepared all of the necessary evidence and documentation by the time you make your application online.

4. Prepare for a UKVI inspection

You may be subject to a compliance visit from UK Visas and Immigration following receipt of your application. The purpose of a Home Office inspection is to verify whether you have adequate HR systems in place to meet sponsor licence requirement and to assess whether or not to grant the licence.

An audit of your HR operations will be key in prepatring for a site visit, to identify process weakness or omissions that could cost you your licence application.

5. Use of Resident Labour Market Test

Where your organisation is looking to hire overseas, you must first evidence that the domestic labour market has not been able to fulfil the position by using the Resident Labour Market Test (RLMT).

In recognition of shortages in a number of areas, roles which feature on the Shortage Occupation List (SOL)are exempt from the RLMT. In cases of SOL positions, employers may issue a Tier 2 CoS to a non-European worker without the need to demonstrate that a resident labour market test (RLMT) has been carried out.

6. Right to Work

In addition to the new administrative burdens of the sponsor licence, you will continue to be required to meet your illegal working duties. The requirements state that all employees are required to provide documentation that proves their right to work before being employed by a UK company and copies of this information must also be retained by the employer.

7. Internal capability

Are your staff aware of their duties and responsibilities under the sponsor licence? Training is likely to be required to ensure relevant knowledge and internal capability internally across HR, line managers and site managers.

8. Ongoing compliance duties

Sponsor licence holders are required to meet a number of duties, which you must take account of within your processes, policies and procedures.

Some duties appear more widely understood than others.

The duty to notify a change in circumstances is for example often overlooked in reality, particularly where wider organisational concerns demand attention and focus such as a merger or acquisition or other organisational change. Failure to comply with your ongoing compliance duties can result in a downgrade in user rating, a licence suspension or revocation – putting the jobs of existing migrants at risk and impacting your organisation’s operations.

Ongoing compliance management will also pay dividends when it comes to renewing the licence – which is arguably even more of a complex process.

Penalties for failing to comply with immigration compliance and sponsor licence duties are designed to deter and impact operations. Yet UK immigration rules are subject to constant change and revision, making it critical that sponsor licence holders stay up-to-date and compliant with their duties.

June 17, 2014

Modern Slavery Bill published


From:
Home Office, Karen Bradley MP and The Rt Hon Theresa May MP
Published 10 June 2014
Part of:
Crime and policing and United Kingdom

An historic bill to help stamp out modern slavery was published today by the Home Secretary Theresa May.
Home Office

The Modern Slavery Bill is the first of its kind in Europe, and one of the first in the world, to specifically address slavery and trafficking in the 21st century. It will give law enforcement the tools they need to target today’s slave drivers, ensure perpetrators are severely punished and improve support and protection for victims.

The Bill reflects the Government’s determination to lead the global fight against modern slavery and to disrupt, prosecute and punish the organised criminal gangs which are behind the majority of this evil trade in human beings.

Home Secretary Theresa May said:

Modern slavery is an appalling crime that has no place in today’s society. It is an affront not just to the dignity and humanity of the people crushed by it but to every one of us.

This Bill presents an historic opportunity to get legislation on the statute books specifically targeting the scourge of modern slavery. I want to pay tribute to the campaigners, organisations and Parliamentarians of all parties, who have worked tirelessly to help us arrive at this important milestone.

To stand the best chance of becoming law by the end of this Parliament, the Bill needs to be as clear and tightly focused as possible. But it will be an important start that future governments will be able to build on. It will send the strongest possible signal to criminals that if you are involved in this disgusting trade you will be arrested, you will be prosecuted and you will be locked up. And it will say to victims, you are not alone and we are here to help you.

Modern slavery is a complex problem and legislation is only part of the solution. It also requires tireless and coordinated effort across government and law enforcement, work with other countries to tackle the problem at source, and increased awareness within all communities, including the business community. We are taking forward that work in parallel with the passage of the Bill.

The Modern Slavery Bill will strengthen the response of law enforcement and the courts by:

Consolidating and simplifying existing modern slavery offences into one Act. Currently modern slavery and trafficking offences are spread across a number of different Acts. The Bill fixes this, providing much needed clarity and focus and making the law easier to apply.

Increasing the maximum sentence available for the most serious offenders from 14 years to life imprisonment, with those who have a previous conviction for a serious sexual or violent offence facing an automatic life sentence.

Introducing Slavery and Trafficking Prevention Orders and Slavery and Trafficking Risk Orders to restrict the activity of individuals where they pose a risk of causing harm.

Creating a new Anti-Slavery Commissioner, a vital post that will drive an improved and more coordinated law enforcement response at all levels, working in the interests of victims.

Ensuring that perpetrators convicted of slavery or trafficking face the toughest asset confiscation regime.

Strengthening law enforcement powers at sea to close loopholes which prevent the police and Border Force being able to act where it is suspected that human trafficking or forced labour is taking place on board vessels at sea.

The Modern Slavery Bill will ensure victims receive the protection and support they deserve by:

Creating a statutory defence for victims of modern slavery so that those who are compelled to commit an offence are not treated as criminals by the criminal justice system. The defence will not apply to a number of serious offences – mostly sexual and violent offences. It is particularly important that victims of modern slavery have the confidence to come forward and give evidence against their enslavers;

Giving the courts new powers to order perpetrators of slavery and trafficking to pay Reparation Orders to their victims. Where the perpetrator has assets available, the court would have to consider making an Order to provide reparation to the victim for the harm that they have suffered and give reasons if it does not;

Extending special measures so that all victims of modern slavery can be supported through the criminal justice process. This covers screening of witnesses, giving evidence by live link, in private or video recorded. Existing legislation on special measures includes some specific provisions for trafficking cases, the Bill will extend these provisions to also cover slavery, servitude and forced labour;

Providing statutory guidance on victim identification and victim services;

Providing an enabling power for child advocates to support child victims of trafficking; and

Creating a statutory duty for public bodies including the police, local authorities and immigration personnel to notify the National Crime Agency about potential victims of modern slavery.

The new legislation is one element of the Government’s comprehensive programme to tackle modern slavery. This includes a business roundtable to be hosted by the Home Office on Wednesday 11 June to look at how the Government can work with businesses to eliminate forced labour and exploitation from their supply chains.

The Government is working at international level with high risk source countries to try and stop people becoming victims in the first place. On Thursday 12 June the Home Secretary is hosting an event as part of the Global Summit taking place in London, ‘Preventing Sexual Violence in Conflict Initiative’. The event will focus on the burdens on modern slavery victims, looking in particular at the difficulties of supporting victims through the criminal justice process.

Over the summer trials of new specialist child advocates will begin across 23 local authority areas and an awareness campaign will seek to highlight the hidden nature of modern slavery across a number of sectors and let victims know help is available.

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