Former College Principal jailed over immigration scam regarding student visas

On 22^nd March 2010 Kaushiklal Gor was arrested at his home address. At a Hearing at Isleworth Crown Court he pleaded guilty to assisting in breaches of immigration law and illegally providing immigration advice. A Judge has just sentenced him to 16 months in prison.

Given that Gor is an Indian National, not only is he likely to serve a lengthy prison sentence but he is also automatically eligible for deportation on completion of his sentence.

The Home Office described Gor as providing a 'one stop shop' to help immigrants stay in the UK illegally. Gor owned a company called Gateway 2 UK which operated between 2003 and July 2009. He advertised Gateway 2 UK as an immigration law advice business, even though his application to become a registered Immigration Law Advisor had been turned down.

Upon investigation Gor was found to have acted on behalf of a number of students from India, Nepal and Sri Lanka. Many of these students applied for visas indicating that they had been offered courses at the Gateway 2 UK Educational College, which Gor also ran.

He assisted the students with their visa application forms and appeals. He often represented them at hearings.

Gor was also a contract manager for an employment agency and assisted in supplying staff to work in bakeries. Upon investigation it was found that he would use students supposedly studying in the UK at his college to provide labour at the bakeries and letting them work well in excess of the 20 hours per week permitted by law. Unfortunately when the students questioned him about this or refused to work the hours, Gor was reported to have warned them that they could face the sack.

This is a clear case of someone undermining the UK immigration laws and rules and had devised what he thought was a sophisticated scam which the Home Office unravelled.

This is a clear message to all that the Home Office will take serious action where necessary and just how important it is applications are treated with care and at all times the immigration laws, rules and guidance are appropriately addressed and applied.

Chattertons have experience in acting for businesses, education providers and general members of the public when it comes to immigration.

The overwhelming majority of education providers want to get it right and comply with the law. In our experience we have found from our clients and contacts that they find it hard to understand what is required of them, and to keep up to speed with all the changes. We are keen to support you and make this process as simple as possible. Such matters requires attention to detail and speed. We have the available expertise and resources to help. As you may be aware there are very few solicitors who are able to offer immigration advice, it is a very complex area of law. We are able to offer competitive pricing.

We can advise you as an education provider and/or we can advise the student directly.

Throughout the year our immigration department also run a number of seminars, training sessions and workshops with regards to immigration matters. Chattertons are intending on holding a seminar on 21 June 2012 at our Newark office titled: ‘Sponsoring Students under Tier 4 of the PBS’. We would like you to join us at this event, which is free of charge. If you would like to attend this event please follow link Events' or alternatively telephone Rebecca Birkett on 01205 310025.

If you would like to attend the event, but cannot make this specific event, please contact us as it may be that we can organise another date and location.

Court of Appeal reminded us that employment relationship is contractual

So what does an employer do when it has dismissed an employee and with the intention of making a payment in lieu of notice and subsequently finds out that the employee has committed an act of gross misconduct during employment which would justify summary dismissal?

If that were you, would you think you could withhold the payment in lieu of notice?

Fairness and justice (and the very great annoyance you would most probably experience) may lead you to think you could.

Unfortunately the Court of Appeal has said no.

In the case of Cavanagh v William Evans Ltd the Claimant had been dismissed for redundancy. His was entitled to six months of pay in lieu of notice. The employer subsequently discovered that the Claimant was guilty of gross misconduct before the dismissal and did not make the payment on the basis that, had it known about the gross misconduct when it exercised it agreed to make the payment in lieu of notice, it would have treated the Claimant's conduct as a very serious breach of the employment contract with the effect that it was as discharged from liability for pay in lieu of notice.
The Court of Appeal decided otherwise on the basis no provision in the Claimant's contract of employment denying him the right to the payment in lieu that had been agreed if the company subsequently discovered that he had committed a prior act of gross misconduct.

Moreover, the Court of Appeal also held that was no any general principle of contract law barring or extinguishing the Claimant's right to recover the pay in lieu as a debt from the employer.

For further information on this matter or any employment issue contact a member of our Employment Team.

Some family visitors will soon lose their full right to appeal

Immigration Minister Damian Green has recently announced that foreign nationals who apply for a visa for a short visit to see family members in the UK will lose their full right to appeal and a vast majority of applicants will now have to re-apply.

Damian Green said "We are not stopping anybody visiting family in the UK; if an applicant meets the rules they will be granted a visa. However, it is grossly unfair that UK taxpayers have to foot the huge bill for foreign nationals who, in many cases, have simply failed to provide the correct evidence to support their application. These changes will save tens of millions of pounds and free up immigration tribunals to carry out the much more important work they were intended for."

Between July and October 2011 the Home Office carried out a consultation on whether applicants refused a family visit visa should have a full right of appeal. The results showed that 39% of respondents felt that a full right of appeal should not be retained and 28% felt that it should, whilst 33% did not comment.

Statistics also show that the number of appeals has also soared since 2000 when full appeal rights were reintroduced for family visit visas. It was expected that there would be a maximum of 20,000 appeals per year, but by 2010/2011 the number had risen to almost 50,000.

The Home Office estimate the cost of processing these appeals at £29 million per year. The Home Office has reported that family visit visas account for almost 40% of all immigration appeals and view this to be a burden on the system and diverting resources.

There are a number of reasons why the Home Office are removing full appeal rights. For further information you should consult the Home Office website.

Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.

Subject to Parliamentary approval and Royal Assent (that is approval by the Queen) this change is expected to come into force by 2014 as new legislation is currently being drafted to include this.

In the meantime, interim measures will ensure that the full right of appeal will be limited to those applying to visit a close family member. Further legislation is currently being debated in Parliament and is to be debated in June 2012 and subject to Parliamentary approval will mean that from July 2012 those applying to visit a cousin, uncle, aunt, niece or nephew will no longer have a full right of appeal.

In addition, in order to engage a full right of appeal, the person being visited in the UK will also have to have settled, refugee or humanitarian protection status.

If you need advice about visiting a family member in the UK or visiting the UK generally, why not contact our immigration solicitor and expert, Rebecca Birkett on 01205 310025 to discuss your needs.

The Home Office fined Employers £2,934,500 for illegal workers

Did you know? .......... That the Home Office UK Border Agency reported that they had removed over 40,000 immigration offenders in 2010. Between 1 July 2011 and 30 September 2011 the Home Office states that it issued 342 penalties on employers for 560 illegal migrant workers, the total value of these penalties came in at £2,934,500. You may not think this will affect you in this area, but it is worth noting that in the Midlands and East of England, 59 penalties were issued for 116 illegal workers in just 3 months, totalling £597,500 - do not let this be you!

Protect your business from a potential £10,000 fine, by consulting our Specialist Immigration Solicitor, Rebecca Birkett, to draft a tailor-made immigration policy for your Company for a fixed fee of £200 plus VAT.

If you are found employing an illegal migrant worker you could be issued with a civil penalty fine of up to £10,000 for each illegal worker. Lack of knowledge and awareness is not a defence and the Home Office can turn up on your door step at any time – have you the correct systems and procedures in place in order to have a smooth visit?

This offer is open for a limited time only. After this event, time spent drafting the policy will cost £150 per hour plus VAT.

You can protect your business by putting in place comprehensive HR policies and procedures that detail every aspect of what is expected of the people that work there. To make these policies effective, it is vital that you get them right, so expert policy-drafting is a must. The benefit is that staff will know exactly what they should and should not be doing and you have the comfort of knowing that, so should anything go wrong, the chance of costly action being brought against you is reduced.

In the last decade the number of claims brought by employees has dramatically increased as employees are urged to seek advice as to their rights, as has the number of penalties issued by the Home Office.

Our employment team are able to draft a number of employment polices, ranging from equality and diversity procedures, to discrimination, disciplinary, grievance and whistle blowing procedures. Do not leave it until you have a problem; get your effective systems in place now.

If you are not sure if this service is for you, then why not speak to our Immigration expert directly for FREE, limited to 20 minutes by phone on 01205 310025 and ask to speak to Rebecca Birkett (Immigration Solicitor).

Welcome to our new "Your Law" e-newsletter

Welcome to the first of our monthly E-Newsletters for Individual Clients, which we hope you will find interesting. Our aim is to discuss issues that you might find useful, whether as a homeowner, a landlord, a tenant, an employee, a consumer, as someone injured at work or in an accident, or if you have elderly parents, or just generally dealing with the particular issues we all face at various times in our lives.

Even if what we discuss is not relevant to you now, it may be in the future or to someone else you know. We will try to make the articles interesting and varied – please tell us what you think!

As solicitors, we may not hear from you for several years – you probably hope so! However, we want you to know that we are always here; ready to advise whenever you do need the services of a solicitor, whether for something happy like moving to a new home or investing a windfall, or something more distressing such as the death of a loved one, an accident or a divorce.

Chattertons have a team of friendly, experienced and knowledgeable lawyers advising individual clients at each of our branch offices. We cover most of Lincolnshire, from Stamford in the south to Horncastle and beyond in the north, and from Boston in the east to Grantham in the west, not forgetting our office in Newark which services east Nottinghamshire and the north-west of Lincolnshire.

We can therefore be confident that we have an office within easy reach of anyone living in Lincolnshire or eastern Nottinghamshire, although we can, and do, act for clients living anywhere in England and Wales. We can also act for clients living abroad. We pride ourselves on always giving a personal, professional and quality service.

It is so important to make the right decision for your future and for your family’s future, and we are here to help you do just that.  We offer an extensive range of legal services for you and your family, giving you peace of mind and freedom knowing that everything is taken care of, even if the unexpected happens.

Most importantly, please remember that, should you have any issues affecting you, your family or your property, you should contact one of our team as early as possible, for individual, specific legal advice tailored to your own specific circumstances. Indeed, we can often arrange an initial free short discussion with no further obligation.

GOOD LEGAL ADVICE AT THE RIGHT TIME REALLY CAN BE AN INVESTMENT NOT A COST.

PLEASE REMEMBER WE ARE ALWAYS READY TO HELP WITH ANY LEGAL ISSUE.

If you do not already receive this e-newsletter and would to receive it in the future please register here

Leased Solar Panels Warning

Potential buyers should be cautious when viewing properties that have solar panels fitted. Lenders could decline mortgage applications where a solar panel company has taken a lease of the property’s roof space. Anyone thinking of installing leased panels should take legal advice first or risk having a property that is unsaleable and unmortgageable.

Buyers are already struggling to obtain the necessary mortgage finance needed to buy their new home. Lenders are making that increasingly difficult for people who might be looking to buy a property with solar panels fitted.

Solar companies, under the Government’s Feed-in Tariff subsidy, install the solar panels free and then sell the extra energy generated by the panels back to the grid.  The roof space of the property is, subject to lender approval, usually leased from the property owner for 25 years. The problem is that there is no standard form of lease for solar panels. Many lease arrangements do not properly protect the homeowner or their lender.

Schemes that comply with the Council of Mortgage Lender’s guidance are more likely to see the buyer granted a mortgage.  However, difficulties can arise even on a compliant scheme due to lenders having their own requirements.  Many lenders assess on a case-by-case basis because of the lack of regulation and standardisation of roof lease contracts.

Anyone looking to make an offer on a property with ‘free’ PV panels should seek legal advice and consult their mortgage lender before making an offer or spending any money in connection with their proposed purchase.

Properties with solar panels fitted are becoming increasingly common but the full impact of this issue may not necessarily become fully apparent until the housing market picks up.

If you are thinking of having leased panels installed it is essential to have the legal documents checked out on your behalf first. We will always be happy to advise on the terms of any proposed lease. Even if you are planning to buy the panels outright, which is much less risky, we still recommend that a lawyer should have a look at the contractual paperwork on your behalf before you sign up.

For further information please contact a member of our Residential Conveyancing Team

Lasting Powers of Attorney - Protecting you for the future - Property & Financial Affairs

Many people see Lasting Powers of Attorney (“LPAs”) as something that is only relevant to the elderly. In reality an LPA is something that everyone should consider setting up, no matter what his or her age.

An LPA is a document that gives somebody else the authority to make decisions on your behalf, even when you can’t make those decisions for yourself.

There are two types of LPAs, one for “Property and Financial Affairs”, and one for “Health and Welfare”. You can choose to make just one type or both together.

An LPA for Property and Financial Affairs gives peace of mind that if something unexpected comes along, your loved ones will have the authority to deal with your finances to ensure that you can be properly looked after.

If you wish, this type of LPA can be used at your direction even whilst you are able to make decisions for yourself. This can be useful if you want to give someone the authority to deal with things for you when you go on holiday, or if you go in to hospital temporarily. There is also the option to include guidance or restrictions on what your Attorneys can do.

Once you are unable to make and communicate your own decisions, it is too late to make an LPA. If you did not have an LPA in place, your family would need to make an application to the Court of Protection to get the authority to deal with your assets, and this can be a lengthy and expensive process.

For further information please contact a member of our Private Client Team