Following on from my two previous videos on the subject of whether or not there will be an immigration amnesty – I return to the subject to confirm that the government have confirmed that while there is no amnesty – the HO minister said, and it must have been tongue in cheek, that there are routes for undocumented migrants to obtain status in the UK.
It is a profound disappointment that the PM who while as Mayor of London, ,a diverse community which has a huge number of migrants both legal and I imagine illegal – said that he was in favour of an earned amnesty – and while in Parliament continued to voice this view.
However as soon as Boris assumed the reigns of power he changed his mind. Again.
No, what we got was the HO minister trotting out the same old nonsense that there is a route through the immigration rules by which undocumented migrants can get status.
Perhaps the reason for saying he supported an amnesty was that there is a blurring between those who are here legally and illegally and that some people have friends or family who are struggling to get status and believed the apparent drivel that was spouted. One might consider it to be no more than opportunism – though this would not be the first time someone has accused the current PM of riding that particular wave
As to the HO minister’s comment – well essentially this means an application either through the immigration rules or outside them. As anyone practising in the field of immigration knows, even if you marry a British Citizen the HO default position is go and live elsewhere or if you are lucky go and make a pointless application from abroad, thus ignoring the House of Lords (Chikwamba), Court of Appeal (Hayat) and Supreme Court (Agyarko) – though if you are married to a British Citizen of someone with settled status you will at least have a chance of an appeal and the chance of winning. If you are single and in good health you will have to contend with paragraph 276ADE of the Immigration Rules, which essentially means absent children and not being between 18 -25 and having lived your life in the UK you will need to show 20 years residence. It used to be 14 years, but given that the Home Office were so slow in removing people they had to revise this upwards. Obviously if someone has been here illegally for 20 years they are likely to struggle to provide evidence for each and every year – and you will need evidence as the HO is not prone to believing anything said by a Migrant, particularly one who has no leave. Also absent any special circumstances you might even find after 18 years your claim certified as clearly unfounded and have no appeal and if you want an appeal will have to try your hand at JR – difficult at best.
So the idea that there is a route akin to an Amnesty is in my view a very poor joke.
It would have been open for the PM or the HO minister to have announced that they were considering an amnesty or that they were looking into it. But no.
Personally, depending on the mess of Brexit with regards to EU Migrants and their right to remain – their might be a scheme open for a period for period to regularise status and if necessary this might be opened (as was the legacy scheme to non eu nationals as was the legacy to non asylum cases). This is pure speculation and is not likely to happen until after the deadline for EU nationals to apply for status. It will only occur if it turns out that the HO has made a huge hash of things and the current system is found wanting,
My advice for anyone who is here illegally is to get advice as soon as you can from a proper immigration lawyer, you maybe entitled to leave to remain, I have had clients who were living in fear who actually had a compelling case but were too scared, having watched the TV to come forward. At the worst you will have had to pay for a conference, at best you may have a case. If in doubt feel free to contact me on this channel or at chambers.
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