News Archive - February 2019

Home Office Charged with 'Irreversible' Damage on UK Immigration Applicant

11 Feb 2019 | Posted by Carl Thomas

The UK home office was recently accused of inflicting severe damage on a pharmaceutical employee who had previously applied for a UK work permit. The Home Office used a controversial clause in immigration UK law to force the woman out of the country.

After a long battle to achieve indefinite leave to remain, UK applicant Nisha Mohite finally received her visa in February 2019, after a government review discovered that she was one of over 300 skilled migrants who the Home Office had attempted to remove from the country. The Home Office had tried to remove Nisha Mohite from the country using a clause in paragraph 322 of the Immigration UK official rules.

The paragraph is a terrorism-related clause that the internal guidance from the Home Office states should only ever be used in accordance with UK visas when the applicant's behaviour is on par with a threat to national security, criminality, or war crimes. However, news outlet "The Guardian" has recently reported on several cases where this clause has been used to try and remove applicants with a tier 2 work permit from the country. Often, this clause is used even when individuals have only made minor and legal changes to their tax returns.

Appealing against a decision to use the Paragraph 322 clause is a time-consuming process, even with UK immigration lawyers on your side. Individuals like Nisha would have to wait years for a response, during which time they would not be able to rent property, or work. Additionally, they wouldn't have access to the NHS for them or their family.

The Home Office used the clause to reject Mohite's request for indefinite leave to remain in the UK, because of an amendment made to her taxes. This has caused her to lose both her home and her job. When she finally received her leave to remain, Nisha said that she was pleased that her torturous experience was at an end but furious at the Home Office for what they had done to her.