Migra&Co

UK companies wishing to employ foreign workers need to comply with the 2006 legislation relating to the sponsoring of foreign migrants subsequently implemented under the Tier 2 Scheme. There are civil and criminal penalties for failing to comply with the duties and obligations of a sponsor registered with the UK Border Agency or for employing illegal migrants. However, private individuals who have migrated to the UK or who are in the process of applying for a UK visa, may also be subject to severe penalties including lengthy bans from the UK.

The Immigration Rules, thus, include mandatory grounds of refusal with potential entry ban for a fixed period of time ranging from 12 months to 10 years  depending on the type of "immigration" offence allegedly committed by the applicant. These grounds of refusals are listed under paragraph 320(7B), while  iscretionary grounds are to be found under paragraph 320(11) listing the circumstances when an application should be normally refused.

We urge applicants to be very careful as it is often difficult to challenge mandatory grounds of refusal in light of the many instances when one may fall foul of the Immigration Rules.  For instance, a 12 months re-entry ban is envisaged for an applicant who overstays (over 28 days) or an illegal entrant as well as an applicant who has breached the conditions attached for his/her leave or used deception, but decides then to leave voluntarily the UK. However, the ban may reach five years if an applicant were to commit one of the offences described above, but leaves  the UK voluntarily at the expense  of the UK Border Agency. The more severe penalty occurs when deception is used in an application for entry clearance  leading to a 10 years ban or in  country in case of  removal and deportation.

However, there are important exceptions which can be relied upon, namely when one has an  Article 8 claim or when there are exceptional or compelling circumstances as well as in the case of children and family members of persons who are already settled in the UK  or British Citizens.