As some of you may remember, I have had tremendous difficulties navigating my way through the UK Border Agency’s Byzantine bureaucracy in my attempts to maintain settlement here this year.
First, I was told in February that, because of the change in immigration laws, I would no longer qualify for renewal of my sponsored work permit. Teaching had been classed as a shortage occupation, obviating the need for employer-sponsors to justify hiring non-EU employees. After the change in laws, this applied only to teachers of maths and sciences – and, as a result, my school informed me they would not be able to continue employing me after my work permit expired.
Second, I decided to apply for a Tier 1 (Highly Skilled Migrant) permit, which would not be tethered to a particular job or employer. The application was tremendously complex, involving 50 pages of guidance notes, the provision of innumerable documents proving my recent earnings, educational attainments, mastery of the English language, maintenance of funds, and an £820 ‘processing fee.’ The endeavour was so complex that I had to call the Immigration Enquiries Bureau to clarify that I was doing it correctly.
Meanwhile, in the hope that I would receive this Tier 1 permit, I applied for a job at a different school and was offered the position.
I finally submitted the application in May; at the beginning of June, it was returned, marked ‘Refused,’ because, as it happened, the Immigration Enquiries Bureau didn’t know what they were talking about. When I rang them again, the same day I received the refusal notice, to clarify the same point that had resulted in refusal, they gave me the same incorrect information.
I wrote a pleading letter to the UKBA asking for reconsideration, and a pleading letter to my MP asking for advisement. My MP replied quite quickly to tell me he had taken the matter straight to Alan Johnson, the then-new Home Secretary. UKBA…didn’t reply at all.
Meanwhile, I contacted the new school where I was to start work in September and asked them to pursue a sponsored work permit. They told me they’d have to rescind the contract we’d signed and re-advertise the position in order to prove there were no qualified British/EU applicants.
At the beginning of July, my MP forwarded on to me a letter he had received from the Deputy Chief Director of UKBA. The DCD and his caseworkers had, according to the letter, reviewed my case and decided to stand by the original refusal. The same day I received this communication, the new school wrote to inform me that, alas, there were many qualified British/EU applicants for my position, and they were going to have to hire one of them instead of me. So, no sponsored work permit would be forthcoming (as I had suspected would be the case anyway).
Devastated and facing ‘voluntary repatriation,’ I travelled to the US for a week for a friend’s wedding. Upon re-entry to the UK at Heathrow, I was detained by the immigration officials, even though I had done nothing illegal and my work permit was not due to expire for another 28 days. Their justification for detaining me, they said, was that I might overstay my visa at some point in the future. They could also see, on their passport database, they the Tier 1 permit I’d applied for had been refused; but as their database didn’t tell them the circumstances of that refusal, I looked doubly suspicious to them. Since, however, they could not get away with further detaining me or deporting me, given they had no evidence of actual wrong-doing, I was allowed back into the country.
Which I then left again, almost immediately, with DK to get married in Cyprus. When we returned, the border agent seemed inclined to detain me again and questioned me pretty searchingly, but ultimately decided not to make an example of me.
At that point – with 4 days remaining on my work permit – I applied for a spousal visa, at a cost of producing more innumerable proofs of probity and a £465 ‘processing fee.’
Some weeks later, I received a letter commanding me to present myself for biometric enrolment – a condition of evaluating a spousal visa application. As I should have expected given their laughable identity management, the biometric enrolment officers were unable to tell me what would be done with my fingerprints and facial scans should my visa application be refused (again).
Here’s the new part – the shameful, jaw-droppingly incredible part – of the story.
Nothing further took place until mid-November, when I received, out of the blue, an email from the Tier 1 office which said:
Thank you for your letter of 5th June 2009 asking for a reconsideration of the decision to refuse your/your client’s leave application under Tier 1 (General) of the Points Based System.
Please accept our apologies for the delay in responding to your letter.
Due to you receiving the incorrect advice from the Immigration Enquiry Bureau I am exceptionally able to accept additional evidence to support your claim for previous earnings and will reassess your Tier 1 (General) application.
This, then, was the response to the pleading letter I’d written to the UKBA five months beforehand; and here it was also coming four months after my case had been reviewed at the special request of my MP and definitely refused by the Deputy Chief Director himself. What, I wondered, is all of this?
I sent along the additional evidence, of course, with a curious question about why the DCD had changed his mind. This was the UKBA’s reply:
Having spoken to Managers and checked our system we are unable to find any record of the MP’s correspondence or your application being reviewed.
Therefore, can you please send me the following documents:-
********** to cover the period stated in my previous email
Copy of the MP’s correspondence you received.
Um, what? No record of my MP’s correspondence? So I posted my copies of those letters along, too.
Less than a week later, another email from the UKBA:
I can confirm that we will be overturning our initial refusal decision as I have sufficient evidence to award points for previous earnings.
As soon as I have received your passport I will ensure your leave is endorsed ASAP.
As you Tier 1 (General) application is now a grant what would you like to do regarding your spousal visa application. If you are no longer wishing to continue with the spousal visa application please let me know and I will arrange for the application to be withdrawn and the relevant fee refunded to you.
Result! I get the Tier 1 permit after all (only costing me £820, seven months of stress and anxiety, one job, and to date loss of four months’ earnings) and a refund for the spousal visa application! And yet, what about this correspondence of which there is no record?
The MP’s letter does state that someone has reviewed your application and decided to uphold the initial decision. However, having discussed your case with my Manager and the department who deal with MP’s
correspondence we could find no record of the response you received. It appears that its an administration error in the fact that this letter or the review haven’t been logged on the system. I am currently taking this forward with the relevant department.
Okay, so… neither the letter my MP wrote, nor the review it resulted in, nor the response he received from the DCD were logged into the system. Because of ‘administration error.’
Don’t get me wrong; it’s worked out well for me. The visa itself arrived, shiny in my passport, last Friday. (That the visa is now firmly in my sticky paws is the reason I feel able to describe the climax and denouement of this whole sorry business.) But I can’t help suspecting that the complete absence of any kind of record of my MP’s involvement means something vaguely dodgy has gone on.
The MP in question is a well-thought-of guy, clean on expenses, and generally praised as being a model of integrity (as much as a politician can be such a thing). I doubt very much that he fabricated a review that never took place and forged a letter from the Deputy Chief Director of the UK Border Agency. Which leaves me wondering: did the DCD, or his minions, bullshit my MP? Because it mos def looks that way from where I’m sitting. And I’m certainly wondering if I should contact him again and tell him all of this. I imagine he’d like to know.
Especially given what Phil Woolas has been shooting his fucking mouth off about today: £295,000 in bonuses for UKBA senior officials! I wonder if the Deputy Chief Director and his non-existent reviews administration errors will be receiving some of that money.
Mr Woolas told presenter John Humphreys: ”I think the UK Border Agency should be praised – they are very brave men and women who protect our borders and they are getting on top of the situation.
”The chair of the (Home Affairs) Select Committee has said we are not yet fit for purpose and I’m defending my staff who put their lives on the line for us.”
Yeah, okay. Whatever. The UK Border Agency is a clusterfuck of gargantuan proportions and its officials patently couldn’t organise a piss-up in a brewery. And Phil Woolas is a colossal asshole who should be first against the wall when the revolution comes.
And for the record, I still don’t know what’s happened to my fingerprints and facial scans…