World Day of Social Justice is a day where we consider some of the biggest issues that require solutions and support to be made right. This includes the inequalities between genders, races and those with and without disabilities. For us, we have always sought to get our clients the justice that they deserve. Whether this is from a work accident as a result of a negligent employer or a business interruption insurance claim from an insurer that is refusing your claim during the pandemic, we will always be there to ensure that you get a proper pay-out. We believe in equality. That’s why we want to make sure that all of our clients are able to speak out about the issues they are facing.
When we think about World Day of Social Justice, one the biggest topics that comes up for our solicitors is in relation to our immigration department. We have helped many families around the UK achieve the right to remain in the country. This is through the Human Rights Act!
If you want to find out more about Human Rights Visas, why not get in contact with our immigration team to learn more? You can click the link below or call 0161 8080 060 to get started.
The Basics of Visas
As everyone knows, now that the pandemic has caused a nationwide lockdown, there are procedures in place in order to stem immigration as a way to decrease the spread of the virus. This includes staying in a quarantine hotel if you come into the country. Keep in mind that Covid-19 could cause delays with your claim. If you believe that you are experiencing any discrimination with your Visa application, it’s important that you let your solicitor know as soon as possible so they can help you fight your case.
With that said, let’s have a little bit of a chat about different Visas before we jump into social justice. If you want to live in the UK, there are many different Visas to choose from. You will need to pick a Visa in order to travel to different countries (outside of your home country) and become a resident. Take a look at the infographic below to get an idea of the type of Visa that would best suit your own situation:
If you believe that you would benefit most in a different Visa, it’s important that you speak to your solicitor. For instance, if you believe that you could actually be eligible for a human rights visa, you could appeal to be allowed to stay in the UK if you believe that your human rights will be breached. It could be unlawful for you to be forced out of the country, therefore you need to have the right law firm protecting you and your rights. This will be social justice at its best.
Social Justice, Human Right Visas and Deportation
Now that we have discussed the basics of Visas, it’s important we talk about unlawful deportation from the UK as it is World Day of Social Justice. According to the Human Rights Act of 1998, if the Home Office acts inconsistently with the European Convention on Human Rights, this could act as a means for it to be condemned as unlawful.
No matter who you are, you will be eligible for this protection if you are living in the UK. It also applies if you are currently under the authority of the UK’s immigration authorities. You can enact Article 8 from the European Convention if it is suspected that you have come to the UK illegally or if you have over-stayed your Visa. Under paragraph 276 ADE of the EU’s Immigration Rules, your human rights will need to be considered in relation to a compassionate or exceptional circumstance.
There are some additional criteria that you will need to fulfil if you are going to make a Discretionary Leave Application:
Another way you could be eligible to make a discretionary leave application is through your family life. Everyone has the right to a public and private family. You are allowed to make an application against deportation on the grounds of a compassionate and compelling argument. You will also need to be able to gain a passing mark against a points-based system.
What is the points-based system?
There is one thing that you do need to understand if you are going to make any sort of Visa application. That iss the points-based system. This system separates migrants into different categories, such as work, investments or training. Each category will have different requirements to be fulfilled in order to have a successful application:
- Age
- English Language
- Qualifications
- Earnings
- Experience of the UK
- Sponsorship Certificate
Make sure to speak carefully to your solicitor about which tier you will be in. They will carefully direct you and help you figure out what qualifications you need. If you are worried that you may lack certain skills (i.e. a strong grasp of the English language), our lawyers can direct you towards specialists that can help you improve. Feel free to speak to them about any help that you will need. Our lawyers will be here to support you throughout your claim.
What can I do if I am destitute and cannot afford a Visa?
One of the things you need to consider when you are going to claim a Visa is how you are going to pay for it. We like to think that everyone is born with the same opportunities as other people, sadly socio-economic status says otherwise. In some cases, you may struggle to afford a Visa. If you have been left destitute and cannot afford the fees that come along with the Visa, you could be eligible for a “fee waiver.” You solicitor can help you make an application. This can be sent to the Home Office to get your fee waiver sorted. However, you will need to provide evidence that you cannot pay. The questions you may be asked include:
- Can you meet your essential needs?
- Do you have accommodation in the UK?
- Are you able to pay for the fee right now?
- Could you pay for the fee/ have a change in financial circumstance in the next 12 months?
- Will you be able to borrow the fees from your family or close friends?
You will also be asked to provide evidence about this type of claim. Here are some examples of the evidence that you can use to prove your case:
World Day of Social Justice: Illegal Deportation and Human Rights
Deportation is known as the forced expulsion of an individual from one country to their original country of birth. Although in some cases, it may seem logical, it’s important that we consider any political and socio-economic statuses that could affect a person’s right to stay. In some cases, discrimination may actually play a part in the outcome of a visa application. Over the last year, it has been estimated that 3,900 people have actually been detained. Quite a number of them have come from the EU. This has grown since 2010 where only 973 EU citizens were detained. Unfortunately, there is actually very little legal support for people who have been unfairly detained. Issues that can arise include:
- How long a person can be detained for
- What circumstances can be used as a cause of detainment
- When a detainment may see a judge about their case
As a specialist law firm, we endeavor to provide all of our clients with as much support as possible. However, we do understand that the injustice of detained immigrants is a huge cause for concern. No one wants to see another Windrush Scandal. Already, it has become clear that new problems have emerged with the treatment of EU citizens and their right to remain. Thousands of people who have lived here for generations are now at risk. This is why it is more essential than ever for legal experts to support those in need during this difficult transition, especially those who are being discriminated against and have very little access to legal assistance.
Racism in the Criminal Justice System
Right now, it’s important that we look at the injustice that many citizens in the UK have suffered from, and bring any hidden discrimination to the surface. The very fact that many migrants suffer from these “policies” illegally shows a hidden systemic racism that needs to be addressed. A lot of detainees describe the process of being detained as being stuck in ”limbo”. This feeling is often endless and can leave severe emotional trauma on the victim.
It’s important that we refrain from labelling anyone as “good” and “bad”, because honestly it depends on the individual’s circumstances. However, we should also use this as an opportunity to explore the human impact of these issues. By classifying someone as “bad”, it ignites fear. That means it presents them as a type of “alien” figure that can turn people against them. In any sort of immigration case, it is important to view it with an open mind. It is sad that as we are currently in a pandemic, there are still deportations that are still going ahead despite the fact that there is a travel ban.
Here at Gowing Law, we will always do our best to put the needs of our clients first. If they are vulnerable and need legal help, we will be there to help them. Learn more about how we can assist you with asylum and humanitarian protection by clicking the link below:
What can you do to help your solicitor with a claim?
Quite honestly, the best thing you do to help your solicitor with any type of claim is to provide them with evidence. We understand any type of immigration Visa request or deportation order can be extremely stressful. But it’s important that you remain as calm as possible. Providing your solicitor with the evidence needed for your claim can put it in safe hands. They can make sure to work with you to ensure you have a strong case. If you believe that you are a victim of discrimination then they can help you get the justice that you deserve. They can also help you with a repeal if you believe that you have been treated unfairly.
It’s important to not speak about the details of your case publically, after all this could be taken badly if you are trying to make a claim. However, we should bring light to World Day of Social Justice! If you feel strongly about human rights, especially in relation to deportation and racial equality, talk to your friends, family and whoever will listen. The more you bring light to a topic, the more likely that people will take notice of the problems that tend to be hidden.
Gowing Law Solicitors is here to help you with your claim
No matter who you are, Gowing Law’s expert solicitors are here to help you with any of your law claims. We can offer you free advice and consultations to get you started. If you are happy to work with your claims experts, we can work with you on a “no win- no fee” basis. We will never ask you to pay any hidden fees. Instead, you will only need to pay our lawyers if they win your case for you. That means you will always come out on top!
Contact us today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or by using our claims checker. One of our lawyers will then be in contact to help you move forward and answer all of your questions. That’s why you should get in contact with us today. Make sure to also do your bit for the World Day of Social Justice. That way you can talk about a social problem close to your heart.
Learn more about legal claims!
If you’re interested in learning more about immigration or legal claims, why not visit our blog? We update our blog every week with brand new content. That way you can learn all about legal claims before you even make a claim! We write about law topics, seasonal events and the latest updates with Gowing Law. If you have a topic that you would like us to cover, why not let us know about it? We would be more than happy to write about your suggestions. Send in your suggestions to info@gowinglaw.co.uk.
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We look forward to helping you with your claim soon!
