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Paragraph 322(5) of the Immigration Rules and Its Effect on Tier 1 Migrants

A recent investigation has shown that many of the Tier 1 Migrant workers that have made an Indefinite Leave to Remain application are facing deportation orders by the Home Office pursuant to paragraph 322(5) of the Immigration Rules even though they have not been criminally charged or fined by the HMRC. Home Office is being criticised heavily for wrongly applying this paragraph. Paragraph 322(5) was designed to tackle terrorism and disseminate those that are seen as a threat to national security. These rules were not designed to tackle those who are making changes to their tax records. Investigation has revealed that the Home Office is not proving beyond a reasonable doubt the intent to deceive HMRC or/ and Home Office and is solely relying on the failure of notifying all the relevant parties of changes to tax records. This has caused an outcry by many questioning the competence of the Home Office and its wrongful application of the relevant provisions of the Immigration Rules. It is argued that the Home Office’s incompetence will lead those with wrongful deportation orders to have a permanent “black” mark on their immigration history. Not only will the individuals be able to obtain visa to enter countries, they will face travel restraints and restrictions. Due to its sensitivity, MP’s and members of the House of Lords are now trying to create pressure groups to inform and prevent the Home Office from wrongly applying the Immigration Rules and deporting highly skilled migrants. Last month the home secretary, Sajid Javid, promised “all applications potentially falling for refusal under the character and conduct provisions of paragraph 322(5) … have been put on hold pending the findings of the current review”.

If you are a Tier 1 Migrant facing a deportation order based on amendments to your tax records or your ILR refused, please call one of our immigration experts on 0330 058 3929.

Disclaimer: No material or information provided on this website should be construed as legal advice. Readers should always seek appropriate professional advice to resolve their Legal Matters.
About the Author
Adarsh Girijadevi

  Adarsh Girijadevi

Adarsh Girijadevi is the founding Director and Head of the Immigration at City Legal Services Ltd. He has immense experience in Immigration Law and is accredited at Level 3 (the highest level) by the OISC.

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