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 Dele Olawanle This month, I will be concluding the Article I started last month. In the last edition, I wrote a lot of things on the mistakes that people make by trying to do it themselves. I want to write on the Point System, which relates to the Tier system. This includes Tier 1 (General, Tier 1(Post-Study), Tier 2, Tier 4 etal. There are requirements to be met in order to get leave to remain or further leave to remain in the United Kingdom. Time and again, many are falling foul of the requirements of the point system. Why the Point System? The Point System was introduced in the words of the UK Border Agency to make applying for leave to remain in the UK straightforward. If you get the required points, your application will be granted and if you do not meet the requirements, your application will be refused. I interpret this to mean that the discretion of the UK Border Agency caseworkers has been fettered. That means they cannot grant the application of an individual by using their discretion to grant an applicant's application if he does not meet the requirements of the rule for example on funds by being £30.00 short of the required amount of funds. I have seen applicant's whose applications were refused because they were £9.05 short on funds. Imagine! I have seen some shocking decisions from the UK Border Agency, which has led to some unpalatable outcomes. Lives disrupted, a lot of money being spent instructing lawyers to write for a review of the decision or appeal against the decision, removal from the UK ensuing and loss of jobs and happiness following! It is a difficult situation for the caseworkers not to be able to exercise their discretion. To make matters worse, there is no room for an administrative review of their decision. How does these affect applicants? It means that applicants must get it right at the time of making the application. They should not say they have Abraham as their father or rely on prayer. You know, I have seen a lot of maladies on the part of some Christians. They get married and expect God to pay the bill. They make mistakes and expect to overcome it with prayer. In my book titled "Prayer Is Not The Answer" (visit: www.pastordele.com), I wrote that any man or woman who fails to play their part but relies on God in prayer would live a life of mediocrity. If applicants fail to get legal advice before making their application, fail to complete the application form properly, fail to have the required amount of money in their account, fail to pay the application fee or fail to enclose the required documents, prayer is not the answer. You have to play your part before looking for divine intervention. Since the caseworkers cannot exercise their discretion, they have to refuse the application, which in some cases is without a right of appeal. If there is no right of appeal then you talk of Judicial Review at the High Court. Boy! It is expensive to go to the High Court. Even if you are granted a right of appeal, you will have to pay your solicitor to prepare and argue the case. And if you like, continue to do it yourself like before. You can laugh!!! Therefore........... You have to get proper legal advice and guidance on your application before you submit it in the following areas which is not exhaustive:
The Tier system could tear an unwary applicant apart, so be careful. You have to make sure you get it right before making the application. The future of the point system At the moment, if you forgot to include a document when you made your application for leave to remain, you can present it at the hearing of your case before an Immigration Judge or at the High Court. The situation will change soon. If you fail to include a required document with your application in the future, you will not have the opportunity to present it in court, as it was not before the UK Border Agency when they made their decision on your application. So, it means they took the correct decision, as they cannot decide on a document, which was not presented to them at the time you made the application. Make sure you get professional legal advice after reading this column, as no two situations are the same. There are other things also that cannot be discussed here due to the issue of confidentiality. When you see a Solicitor, you will be able to discuss with them in confidence. Dele Olawanle Dele Olawanle is the Principal Solicitor at Del & Co. Solicitors in North London. He also presents "The Legal Panorama" and "The Winning Mentality" on TV every week. Also, you can visit: www.delsolicitors.co.uk or www.pastordele.com for TV schedules. |
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