IMMIGRATION MATTERS
By Charles Kelly
Immigration Adviser & Director of Overseas Consultancy Services
and co-author of “How 2 Come to the UK to Live Work Study or Visit”.
www.how2cometotheuk.com
YES, ANOTHER VISA APPEAL SUCCESS
Maricel, a Filipina Senior Care Worker, came to the UK as a visitor in 2004 to visit her Sister. They approached me at Bison UK to see if they could obtain a job and work permit.
We successfully placed her in a job in a nursing home, but she was caught up in the tightening of rules on ‘switching’ visas and had to return home to apply for entry clearance in Manila.
Despite the fact that Maricel was fluent in English and had worked in the Middle East for 3 years, the Entry Clearance Officer (ECO) refused her on the basis of not being satisfied of her evidence of “training and abilities” and her “abilities in English”.
During the interview in Manila the ECO brought in an interpreter even though Maricel had neither requested one.
Obtaining a Work Permit for a much needed overseas worker is not easy. Candidates and employers are thoroughly scrutinised and the job itself must meet strict Home Office criteria.
Why then, can an ECO in a far flung British Consulate just throw out an application after a five minute interview?
ECO’s in countries like The Philippines India and Nigeria refuse thousands of applications each year for entry to the UK to take up jobs for which Work Permits have been issued. Figures published by Hansard, show from April 2004 to April 2005 483,000 visa applications were refused.
Following Maricel’s refusal, we instructed our specialist appeal Lawyer to lodge an immediate appeal. The case was eventually heard over six months later on Tuesday 28th September at Columbus House in Newport, Wales.
Charles Kelly attended the hearing as witness for Bison. He testified that Maricel had been interviewed by both Bison and the employer who was satisfied with her experience and English. Charles explained to the Judge that English is a second language in the Philippines and that it is virtually an English speaking country.
“Most of the newspapers and television shows are in English and everywhere you go people speak English” he continued.
The Judge asked Charles if he had been to the Philippines. Charles replied:
“Yes many times, in fact we were there in July promoting our book “How to Come to the UK!”
Charles went on to explain that thousands of our Filipino candidates have successfully integrated into British society and are extremely popular with employers.
The Judge stated that he was happy with the evidence provided by Charles Kelly and that Bison had carried out sufficient checks. He allowed the appeal.
For regular immigration updates see http://www.immigrationmatters.co.uk
For further information on appeals see www.viasaappeals.com
|