The British Immigration Minister’s pledge to look into a growing trend in which hundreds of highly skilled South Asians in are potentially facing deportation because of minor tax rectifications has received a muted response from campaigners.
During an appearance before the House of Commons Home Affairs Committee on Tuesday, Immigration Minister Caroline Nokes said she would be looking into suggestions that negligible or minor rectifications in tax submissions were being misused to deny individuals, particularly from South Asia, indefinite leave to remain in the U.K., using a section of immigration legislation intended to keep out criminals and terrorists.
Following repeated questions by MPs on the select committee, Ms. Nokes said she would call for the issue to be looked into that evening, following her appearance. “Many people make errors with their tax returns, but it is crucial that we understand the patterns that are happening.”
Minor victory
“It is a minor victory,” said Aditi Bhardwaj, one of the founders of the Highly Skilled group, whose efforts to bring the issue to light, including through protests outside Parliament, gained ground in recent weeks.
The group awaits an appeal by one of its members being heard at the Court of Appeal in June, in which it is hoped the court could give direction to government policy, independently of any review undertaken by the government. “I still feel there is a long way to go on this issue,” said Ms. Bhardwaj.
She also expressed concern about the Minister’s apparent attempt to suggest she had only become aware of the issue in recent days. When asked about why the Minister had not asked for a review of these cases for migrants on the highly-skilled tier 1 visa, to identify which involved serious cases of fraud and which involved trivial mistakes, the Minister insisted it had been just “two working days” since the issue captured the headlines, when British media reported potentially hundreds of people being impacted.
In a letter to an unnamed MP who expressed concerns about the treatment of the migrants this March, shared with The Hindu , Ms. Nokes rejects those concerns, and supports the use of paragraph 322(5), the now controversial section of the Immigration Rules, which has been used as a basis for denying individuals the right to remain in Britain.
Cultural change
“She was well aware of the issue. We know one of her constituents who has been raising this issue for months,” says Ms. Bhardwaj.
Ms. Nokes, while denying Britain’s immigration system was causing the country to appear “unwelcoming to people with high skills,” acknowledged the need for cultural change, and a move away from the “computer says no” mentality. Asked by MPs if she or her family had ever made inadvertent errors in her tax submissions, she responded “probably.”
