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Dele Olawanle

Welcome to this edition of the legal perspective and I believe students would benefit from this month and next month's article. This is a two-part article that will be concluded next month. So, watch out!

Students are in for a very tough time due to the introduction of the point system. Many mushroom colleges have been shut down and even the licensed sponsors are walking on eggshells. Things are not the way it used to be.

As a lawyer, I have a bias towards immigration because it is a constantly changing area of law that has no respect for the unwary. As they say, ignorance of the law is not an excuse. Many immigrants have fallen foul of the Immigration Rules out of ignorance and many have just taken things for granted by underestimating the consequences of their actions. I also love this area of law because it keeps one awake. One has to be alive in order to get to grips with the changes.

Foreign students who come to the UK to study are usually faced with all sorts of challenges: the language, the people, the environment, the weather, the food, accommodation and transportation. When it comes to the crunch of it, all the challenges mentioned above thin into oblivion when we talk of the mother of all challenges: Money. If the Bible says the love of money is the root of all evils, I hasten to say that the lack of money is the mother of a foreign student's nightmare. This is because if a foreign student runs out of money, failure is an open-ended possibility. A hypothetical student could become homeless, drop out of school or become destitute.

A prospective student rides into the country on the basis of being accepted for a course of study at an organisation that is on the UK Border Agency website as a licensed sponsor, has ability to follow the course, does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State (italics mine) and is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds ( Again, Italics mine).

Examination of the words in italic

Just like couples being wedded would say "I do", foreign students usually say "I do" to the requirements of the Immigration Rules for students before coming to the UK or after their arrival.

They must therefore not engage in business or take employment except part-time work. Boy, this has become a graveyard for many students. Part-time work means 20-hours term time. That means no student should work for more than 20 hours during the time that the schools are in session. If a student does an hour more than the permitted 20 hours, even if he meets the other requirements of the Immigration Rules, his application falls for automatic refusal on the basis that he breached the condition attached to his stay. I have seen many pathetic situations of students who breached this condition. Students beware! 20-hours means what it says. Not 21 hours and not 22 hours.

Students who do sleep-ins are the usual victims. If a student is able to do just 20-hours during term time, he is allowed to work full time during the holidays. Students who work during holidays should remember to revert to their permitted hours immediately the school re-opens. Failure to do this could lead to all sorts of complications like loss of status, removal or deportation from the UK, loss of accommodation and the premature termination of the person's career. The dream becomes a cluster of nightmares.

The courts are often not sympathetic. May be sympathetic is the wrong word. The courts have to give the Secretary of State a wide margin of discretion. This is because the Secretary of State is in the best position to know what is good for the economy or the country. Therefore, once a student works for more than the permitted hours, the courts cannot allow the appeal unless there are exceptional or extenuating circumstances. What is that? I do not know. There is no definition of what constitutes exceptional or extenuating circumstances. Cases are looked at on a case-by-case basis. The most sensible thing is not to fall foul of the law. Do not stand in front of a moving car, as it may not stop.

If your application were refused on the basis that you worked more than the permitted hours, you would lose more than what you gained. You may have to instruct a solicitor to act on your behalf and it costs money. In most cases, it is like medicine after death.

What to do if your application for extension of leave is refused

If you ever found yourself in this position, get legal advice immediately. Why is this important? It is to see whether there are arguable grounds of appeal against the decision of the Secretary of State. It may well be that you did not work for more than the permitted hours. It could be that the caseworker made a mistake. It could be that you were paid for work done during holidays during term time. It could be that you were paid time owing or you were given a bonus payment. You could then contact your employers to clarify the situation with a letter, detailed timesheet or breakdown of the work you did and present this to the court. Some students get the decision and they start crying. That will not help. Some gets the decision and they look for help. Be in the latter group.

Have you read this column? Warn your friends and foes alike.

To be continued.

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.