Faisal Rashid
Main Page: Faisal Rashid (Labour - Warrington South)Department Debates - View all Faisal Rashid's debates with the Home Office
Immigration Rules: Paragraph 322(5)
Faisal Rashid Excerpts(6 years, 1 month ago)
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Faisal Rashid (Warrington South) (Lab)
It is estimated that thousands of migrants who have been living and working in the UK for many years are wrongfully facing deportation because of minor tax discrepancies or rectifications. The immigration rules we are discussing today under paragraph 322(5) are extremely vague. Fortunately, the Home Office issued guidance on when to use that sub-paragraph to deny leave to remain. It states:
“The main types of cases you need to consider for refusal under paragraph 322(5)…are those that involve criminality, a threat to national security, war crimes or travel bans.”
Let us be clear: we are all here because the people being denied leave to remain under that paragraph are none of the above. They are doctors, lawyers, engineers, IT technicians and other highly skilled migrants who make a valuable contribution to our country.
One of them is a constituent of mine who has lived in this country for almost 10 years. He works in the IT sector, he has one son, who was born in this country, and his wife is expecting their second child. He is being punished because he made a minor tax rectification, which HMRC accepted, prior to applying for indefinite leave to remain. He even notified UK Visas and Immigration of the change. Because of that minor change, his application has been on hold for more than two years. He is anxious and concerned that he, like many others, will be forced to leave the country that has been home for him and his young family for the past 10 years.
My constituent works hard, pays his taxes, provides for his family and contributes to his community. His future, and the future of hundreds of others in his position, should not be left in limbo because he did the right thing and corrected his tax returns. He and his family are living with stress, anxiety and uncertainty, which is not acceptable. It does not take a review to recognise that something is wrong here. Ordinary people who contribute to our economy are being denied leave to remain because of routine changes or simple mistakes. Are these wrongful deportations a result of pressure from the Government to meet deportation targets, or is the Government’s typical defence—that this is merely a result of their reckless incompetence—to be believed?