Home Office faces High Court challenge over ‘mistreatment’ of visa holders

LONDON Feb 7: The Home Office is facing a High Court challenge over the “mistreatment” of people applying to renew and extend their visas.

A judicial review challenging the Government’s actions towards hundreds of thousands of people with the immigration status known as “3C leave” has been launched by the Refugee and Migrant Forum of Essex & London (RAMFEL).

The status is granted automatically to those applying to extend their visas, and ensures that their rights, including the right to work, are protected while the application is processed.

However, RAMFEL says the Government does not give people on 3C leave proof of their immigration status, and this means they spend the period they are waiting to learn if their renewal has been successful with “no proof of their status, rights and entitlements”.

The charity argues that some applications are taking at least a year because the Home Office has re-allocated significant resources towards clearing the asylum backlog.

It has reported its clients have been wrongly suspended from work, seen disability benefits stopped and education jeopardised.

RAMFEL found that in 2022 17 per cent of those on 3C leave suffered serious detriment and predicts as many as 40,000 people each year could be facing wrongful suspension from work.

Yvonne Atieno from RAMFEL experienced time on 3C leave herself. She said: “Many employers and jobcentre employees do not understand 3C leave and insist on seeing physical visa document.

“Without physical proof you are left in limbo, basically allowed to stay in the UK but you have no rights.

“You start getting anxiety every 2.5 years when your visa renewal is approaching.

“The uncertainty affects families in more ways than one. Innocent children suffer when there is no lifeline for their parents and families can be forced into destitution as a result.

“It would make such a huge difference if after making your visa application you are given some form of documentation explaining and proving your rights while waiting for the government to process your case.”