As a part of a section of the Immigration Act, which was initially intended to control militants and the people perceived to be a danger to the national security, more than 1000 skilled workers from other countries are seeing a possibility of unfair expatriation.
The Home Office is facing strong criticism from multiple experts on Immigration and MPs about misuse of the disputable section 322(5) of the Immigration Act. The experts and MPs have also accused the department of being evil and making wrong use of the power.
Post being blamed for providing false information on their applications by making some changes to the tax records or having disagreement in the actual and declared incomes, the workers have also received refusal for ILR – indefinite leave to remain, as stated by the immigration experts. Notably, these workers include highly skilled personnel like lawyers, engineers, doctors and IT personnel.
Three separate different courts investigated tax returns in one particular case and found no discrepancies. These values in turn were used by the Home Department to refuse the application under section 322(5).
The group named Highly Skilled Migrants is providing representation to close to 600 workers and is in contact with 400 more workers. Most of the members represented by this group are facing expatriation, while the decision from Home Department is still pending for remaining members of the group. One of the arrangers of the group, Aditi Bhardwaj, stated that the Highly Skilled Migrants group has arranged £40,000, which will be used to fight Home Department in the court of law.
Aditi Bhardwaj added that out of the members of the group, ten have appealed against Home Department in the courts and for nine of them, the judgments have been in favor of them and the judgment has been given that the government has misused the section 322(5).