Wednesday, 17 February 2016

EU REFERENDUM AND THE 2.3 MILLION EU NATIONALS IN THE UK

A nationwide vote of whether the United Kingdom should remain in the European Union or withdraw from it will bring about changes on how EU citizens shall continue to remain and work in the United Kingdom.

The EU vote in the UK may contribute massively to the beginning of the end of the European Union and the end of the popular free movement rights currently enjoyed by EU citizens.

As we consider the impact this vote may have on those already in the United Kingdom, 2.3 million EU nationals currently living in the UK under the EU banner. There is also a need to consider the effect that this vote will have to those living under those EU nationals, in other words, non – EEA family members. Currently, those claiming to be family members of an EEA national have a right to live in the UK so long as their EEA national continues to qualify under the treaty rights.

As the Conservatives pushes to fulfill their election manifesto and the vote is to take place end 2017, it is difficult to predict what the future holds for both EEA nationals and their non EEA nationals currently residing in the UK. It is likely that so many other groups of people such as unmarried partners and other extended family members i.e. siblings and other dependant relatives, uncles and aunts would  be among those facing such difficulties to justify their continued presence in the United Kingdom.

While the UK government and other stakeholders work day and night to find a solution, in this uncertain climate, EU nationals may wish to apply for a registration certificate for themselves and a residence card for any non EEA family members, to confirm they have the right to remain in the UK. Those EU nationals who have spent at least 5 years In the UK can apply for a permanent residence card which is a pre-requisite to apply for naturalization.

It is advisable for those who have spent at least 5 years in the UK and their country of origin permits dual citizenship to apply for naturalization as this is the only option to ensure that the outcome of the referendum will have no impact on them. Alternatively, children born in the UK or outside the UK can be registered to become British nationals although the parents are not yet eligible to become British citizens


If you feel you or your family is likely to be affected with the outcome of the EU referendum and would like to enquire more regarding this then our team of legal advisors at Liberty Immigration Services, is happy to assist. Please call us on 0116 431 5091 or on the mobile number 07842484370 or email us on info@libertyimmigrationservices.co.uk  or check us on www.libertyimmigrationservices.co.uk 

Thursday, 28 November 2013

Demystifying Islamic Banking in Malawi

In 2011 the Reserve Bank of Malawi, rejected the introduction of Islamic Banking. Soon after the rejection, we looked at the merits and demerits of Islamic Banking in a country like Malawi and we found that the benefits outweigh the costs (if any). We pointed out in the article that such a decision falls short of a need to have a better, organized and prudent system of banking that does not limit consumer or customer choice. Today’s financial market is not only globalised and integrated, but is also replete with numerous products, some of which have proven to be toxic to economies as evidenced in the recent financial crisis. Financial engineering and computational finance has given rise to financial instruments such as futures and options, currency swaps, credit default swaps and collaterised debt obligations (CDOs) just to mention a few. Using mathematical finance, numerical methods and computer modelling, these derivatives are designed and created to facilitate in trading, hedging and investment decisions and risk management. The result of this is that in 2008 most major economies collapsed and the effects are still being felt today. Interestingly, while this has been happening, Islamic Finance and Banking has been moving beyond its boundaries into new territories by providing an alternative to this very frenzied psychosis. The CityUK, a UK financial think tank, estimated t global Islamic financial assets to have reached $1.041 trillion in 2009 up from $947billion in 2008 with a steady growth of 10-15% in 2010. Extrapolating this growth, we would assume that the assets should be approaching the $1.7 trillion mark. The think tank further asserted that in the UK alone, there are over 20 banks that provide Islamic assets worth $19 billion, with HSBC Amanah controlling the bulk of it.

Malawi, like many other countries without the Islamic banking and finance system, naturally feels that having this system alongside the current conventional set up will create more chaos and confusion. In some quarters, its introduction is perceived as giving in to pressure or bowing to the dictates of fundamentalist Islam. Fuelled by lack of understanding and proper knowledge concerning the principles of Islamic finance, many sections of the society have been led to believe that Islamic finance is the whole body of the Islamic law. This there has been a failure to understand that Islamic finance is not the same as Islamic law, and that these two are separate and distinct. There common thread is that the former should be in compliance with the latter. Consequently, this leads to the fact that there is no conflict between Islamic law and the laws of the land. Just as conventional finance is required to comply with the applicable laws of the land, Islamic finance must also adhere to these laws in addition to compliance with the Islamic law. Hence it must be emphasized that the obligation of complying with Islamic sharia law is not the same as having sharia law in the country.

To those people who are afraid that Islamic Finance will bring Islamic law, we would like to assure them that Islamic law of banking operates alongside laws of the land and the two do not overlap. Contracts in Islamic banking are drawn in accordance of the law of the land although compliance to Islamic law is a must. Therefore, any breach arising from these contracts, parties should seek redress from courts of the land as opposed to Islamic courts. Islamic law does not give the Sharia Board (the body that looks after Islamic products, comprising of scholars and experts in Islamic Law) any judicial and arbitrary powers since the ultimate power to do so rests with the courts of the land. Having eliminated this misconception, it is therefore worth noting that the only difference between Islamic banking and conventional banking is the mere charge of interest on a product lent or borrowed. Under Islamic finance, interest, known as Riba in Arabic, is disregarded or forbidden since money has no intrinsic value under Islamic law and should only be used as a measure wealth. This is therefore the only fundamental difference between Islamic finance and conventional finance. With interest forbidden, one cannot earn “money” on money lent to another party nor be required to pay interest on money borrowed. Under Islamic law, money cannot create or produce more money. Rather, services must be provided and effort exerted to generate wealth. It is therefore a fundamental condition for any investment or transaction under Islamic law that money be treated as medium of measuring wealth and exchange and nothing else. Hence interest is considered to be both a social and economic injustice in Islam and by excluding it from the financial system; it is thought that a fair and moral economic behavior will be promoted.

It is true to say that the underlying value in Islamic finance is to avoid exploitation with the objective of sharing reward between the parties involved. The conventional system of banking is exploitative in nature therefore not fit for a country like Malawi where the population is largely poor. Malawi would fare well with a system of banking that is just and balanced. By way of an example, in conventional financing, the financier gives money to his client as an interest bearing loan, after which he has no concern as to how the money is used by the client so long as the client keeps up with his repayment that includes interest to the money borrowed. In the case of Islamic banking on the contrary no money is advanced by the financier unless the client assures the financier that he wishes to purchase a specific commodity or conduct a certain business that will produce a reward or profit. The two parties will enter into a profit and loss sharing agreement and thus the exclusion of interest (riba). Some of the most commonly used products are under Islamic finance are profit sharing (mudarabah), safekeeping (wadiah), joint venture (musharakah), cost plus (murabahah) and leasing (ijarah). It is imperative that Islamic institutions need to have a Sharia advisory committee and consultants in order to implement products according to these principles. Their sole function is to ensure that operations and activities of the bank comply with sharia principles when it comes to Islam finance and banking.


It has been observed that conventional current system of banking causes imbalances in society. Unhealthy human instincts are exploited to make money through immoral and injurious products. The evils emanating from this attitude can never be curbed unless humanity submits to the divine authority and obeys its commands by accepting them as absolute truth and super human injunctions which should be followed in any case and at any price. This observation cuts across all faiths and beliefs. In 2009 the Vatican newspaper L’Osservatore Romano voiced its approval of Islamic finance. The Vatican paper wrote that banks should look at the rules of Islamic finance to restore confidence amongst their clients at a time of global economic crisis. “The ethical principles on which Islamic finance is based may bring banks closer to their clients and to the true spirit which should mark every financial service,” the paper asserted. It continued to state that Western banks could use tools such as the Islamic bonds, known as sukuk, as collateral and that Sukuk may be used to fund the “‘car industry or the next Olympic Games in London. The Vatican paper believed that Islamic banking could become an alternative and an absolute solution to the mess caused by the conventional banks. Three years on after the Vatican message, the United Kingdom Government recently through its Prime Minister, David Cameron announced the intention of launching the first ever Islamic bond in the UK. Mr. Cameron acknowledged the role played by Islamic finance in the UK and the entire world. He cited examples of such big projects such as The Shard, the Chelsea Barracks, Battersea Power Station and the Olympic village as projects funded by the Islamic finance in whole or in part which has helped to transform the London skyline. This could happen to Malawi and it is imperative that we should seize this opportunity at the moment when no country in the SADC region is seriously thinking of taking this necessary step. 

Saturday, 3 August 2013

EEA APPLICATIONS TO THE HOME OFFICE

Its now over that EU nationality would entitle a holder free passes into services provided by the UK Home Office. The Secretary of State has just announced that from July 2013 all EEA applications will incur a charge of up to £55.

I am aware that the previous system appeared to have helped so many Non EEA applicants by virtue of them being a family member of an EEA national. One can therefore argue that the change has come forth to put all the applicants at par, there should be no difference at all whether you are in the UK joining your EEA national or a British citizen.

There are no details though indicating how long the applications will now last with the Home Office as currently an application may take up to six months before it is decided. Presumably, with a fee to it, this period may be reduced to a considerable three months period as the case with the rest of the applications.

Please ensure that a fee is attached to your application otherwise the Home Office may make your application invalid due to unpaid fee if applied after 1 July 2013.

For further information regarding this and how to make an EEA application, please do not hesitate to contact Liberty Immigration Services UK on 07842484370 or send your queries to an email libertyimmservices@gmail.com

Friday, 14 June 2013

Revisiting social and family ties, general visit visa


Many people want to come to the United Kingdom for various reasons. Most of those who want to come to UK have friends and families who are present and settled in the UK. However, having a family in the UK does not make one's life easy when it comes to request a general visit visa to the UK at the British embassy. The United Kingdom visas are regulated and enforced by a set of rules called immigration rules.

A visitor to the UK is therefore required to meet those rules in order to obtain a visa. During my entire immigration career, I have had an opportunity to see decisions from different British embassies in the world but all of them will have a unified format in the way they consider entry clearances.

Entry clearance officers (ECO) sometimes are not clear about how an applicant has failed to satisfy the requirements. You may have enough money in your account but the fact that you  have failed to demonstrate the source of that income, your application may fail. Artificially Inflated accounts days before applying may raise eyebrows.

Most applicants do not understand these rules and how they get enforced unless legal advice prior to the process has been sought. Under the rules, the applicant's intention to return is taken to task and scrutinised before the decision is made. ECO should be satisfied that the applicant's circumstances at home are clear enough to form an absolute intention to return.

Some of the elements taken into consideration are your social and family ties in the country of origin. There is no general interpretation of social and family ties but depending on your circumstances, ECO will form an opinion based on the information provided and use his discretion to grant or refuse the applicant a UK visa.

Having an ailing parent who is in the applicant's care may meet the requirement if the applicant is coming to the UK for a week or two and arrangements have been made for the care of the parent in the applicant's absence. Some people may say that this requirement is discriminatory as it singles and lone applicants. However, as I previously stated, your circumstances will be looked independently based on the information provided.

An ECO may not be satisfied if the applicant does not provide evidence of personal and financial circumstances, or of any assets that ties the applicant to the country of origin. The applicant should always bear in mind that under paragraph 41 he is genuinely seeking entry as a visitor for a limited period not exceeding 6 months therefore an intention to return to his country of origin comes under heavy scrutiny.

Further consideration may be given to politically well being of the applicant's country of origin, for example an applicant who is applying from countries marred by civil unrest and instability may be refused on the basis that they are not genuinely seeking entry clearance as a visitor. It is very difficult in their situation to be regarded as they have an intention to return.

Thursday, 4 October 2012

Road to 2014: Accountability and Responsibility of Muslim Politicians

Are Malawians Muslims being served politically? Do politicians deliver their promises to the Muslims after they have helped to get them into power? These are two very pertinent and crucial questions that we as a Muslim community in Malawi must be asking after almost 20 years of multiparty democracy, thus 4 general elections. In all of the 4 general elections beginning with the one in 1994, Malawian Muslims have played a very decisive role in electing the winning Government either through voting or bankrolling of the parties. In the general elections of 1994,1999,2004, it was the muslim vote which swung the pendulum to the winning party, while in 2009, it was mainly the Malawi Asian muslims who bankrolled the then winning party through both financial and material contributions. In 2014, the equation will not change much, and one can foresee that both Malawi Asian Muslim money and the indigenous Malawi muslim votes will be pivotal in deciding which party carries the day and forms the next Government.  While courting the Muslim vote and financial assistance, politicians, both Muslims and non-Muslims alike, have always promised the community heaven on earth in terms of social-economic development. The indigenous Malawians have been promised improved access to tertiary education and equal and fair participation in Government and the civil service. Some have even promised to provide an enabling environment for us Muslims to establish our own University that will cater for our future generations as the University of Malawi does not offer us the same opportunities as our non-Muslim counterparts. Those of us who are in business, both indigenous and Asian, have always been promised equal and fair awarding of Government business and contracts and access to markets. However, after 4 general elections, the Muslim is still waiting to be served. After 20 years of democracy, the Muslim is languishing on the peripheral of society both socially and economically. Access for Muslims to UNIMA is still a big challenge despite our students attaining the required grades. It is laughable and despicable at the same time to note that despite Muslims making atleast 40% of the general population, our access to UNIMA is less than 0.05%. Please don’t listen to the propaganda that Muslim students are not good enough as this has been disproved by those excelling in tough and competitive educational environments such as Asia and the West.  The enabling environment to establish our own university as promised by some politicians is still nonexistent. Government businesses and contracts are still never awarded to us, our people, despite attaining the education and qualifications, are still scarce in the Civil Service and statutory corporations and the future for our kids still is murky.

A thriving political system must hold politicians and leaders accountable and responsible  for their conduct and promises after they have gone into power. Accountability and responsibility in Islam thus are very important facets since Islam and Politics are intertwined.  Just as Islam teaches us how to say Salah, observe Sawm, pay Zakah and undertake Hajj, so does it teach us how to run a state, form a government, elect councillors and members of parliament, make treaties and conduct business and commerce. The choices we make in supporting a political party is also legislated by the Quran. Therefore, accountability to God and the community at large for all activities is paramount to a Muslim’s faith, and in turn the Muslims expect the politicians having made promises to be accountable and responsible in ensuring delivery.
Sharia defines clearly what is true, fair and just. Furthermore, it outlines what are society's preferences and priorities, what are corporate roles and responsibilities. Thus it is no surprise that Allah mentions repeatedly in the Holy Qur'an, the word hisaab more than eight times in different verses. Hisaab or 'account' is the root of accounting, and the references in the Holy Qur'an are to 'account' in its generic sense, relating to one's obligation to 'account' to God on all matters pertaining to human endeavour for which every Muslim is 'accountable'. All resources made available to individuals are made so in the form of a trust. Individuals are trustees for what they have been given by God in the form of goods, property and less tangible 'assets'. By the same definition, leadership in any form is also given to individuals as trust. Hence the extent to which individuals must use what is being entrusted to them is specified in the shari'a, and the success of individuals in the hereafter depends upon their performance in this world.
In this sense, every Muslim has an 'account' with Allah, in which is 'recorded' all good and all bad actions, an account which will continue until death, for Allah will show all people their accounts on judgement day. Hence one of the most important aspects of Islam is the belief in a Day of Judgment. It is one of the six articles of faith and is central to the Islamic concept of accountability. For Muslims, the present life is not the goal; rather, it is the life after death that must always be the focus. This does not mean that Muslims should not enjoy their lives, but it does mean that they have to be conscious of God in all aspects of their life knowing that they will be asked about their decisions.

The Day of Judgment is mentioned repeatedly in the Qur’an. Moreover, it has more than one name, including the Day of Accountability. Allah says:

On the day when every soul will be confronted with all the good it has done, and all the evil it has done, it will wish there were a great distance between it and its evil. But Allah cautions you (to fear) Him. And Allah is full of kindness to those that serve Him.

And in another chapter:
Every soul will taste of death. And ye will be paid on the Day of Resurrection only that which ye have fairly earned. Whoso is removed from the Fire and is made to enter paradise, he indeed is triumphant. The life of this world is but comfort of illusion.

As these two verses illustrate, on this day, Muslims believe that they will be resurrected both physically and spiritually and will be asked by God about their lives, after which their final destination will be determined.
Another aspect of accountability is taking to consultation with the community. It plays a role of putting into effect national interest. Islam teaches us to run a government, to make legislation and decisions by the process of Shura. Shura is "to take decisions by consultation and participation" (3:159, 42:38). A ruler is a servant of the people. Both the ruler and the ruled will appear before Allah and account for their actions on the Day of Judgment. The responsibility of the ruler is heavier than the ruled. It entails that any ordinary citizen should have the right to ask any question on any matter to the ruler and the government. In the Islamic political system the head of the state or any government minister could be called to account if necessary and not to be treated differently from other citizens.

Of course we do not expect this issue of accountability in Malawi politics to have a conclusion any times soon, or do we expect the politicians to comprehend it, especially so when it entails the Muslim community. Nor are we suggesting that Malawi should have an Islamic political system to remedy the situation for that would be a dream far fetched, as Malawi is a secular state. However, our argument is that this issue is fueled by a fundamental tension between claims derived from “promises” and claims derived from “participation” in national economic development of one section of the society. Attending to the ways in which these claims can and should be accommodated and balanced differently with respect to various politicians and political parties in Malawi can unlock new avenues for improving accountability that can lead to a stop in abuse of the Muslim community before and after general elections.  Distinguishing new possibilities for accountability requires abandoning the belief that political accountability at the moment in Malawi towards the Muslims is genuine as it conforms to conceptual and ultimate principles of democratic participation and dispensation. Such a belief prevents us from recognizing specific prospects for limiting unfairness and injustice to our community. Thus we as Muslims should be seeking to create processes for checking such unfairness in the system with the full recognition that for the past 20 years we have always been on the mercy of politicians be them Muslims or non-Muslims. This should make us hopeful that in 2014 we will play our cards right and no politician will abuse our vote. Whoever comes to us to seek support in 2014 politically, we must ask them the pertinent question; how will you be accountable to us after we have voted you into power since history in the past 20 years has taught us a bitter lesson?

Wednesday, 26 September 2012

Road to 2014 and the Disunited Malawi Muslims

The Road to 2014 appears to be getting shorter, with less than 20 months remaining. The great Sheikhs who preserved our beautiful Deen for 70 years from the jaws of the colonials and missionaries and the MCP regime for 30 years would never have dreamt of what we Muslims have today in terms of knowledge, political influence and material prosperity. Alhamdulillah for the past few decades Muslims in Malawi have made progress as we have had a president, vice president and several ministers in various Governments, a feat our ancestral fathers could never imagined or even dreamed of. In addition to this, we have very well educated sheikhs from various Islamic countries, including Saudi Arabia itself and professionals in various fields such as law, accountancy, business administration, banking and finance just a few qualified in countries as far as Europe and Asia.

Unfortunately, while we celebrate advancement in knowledge, social and economic well being, it appears that this progress has come at a very great cost as we have become disunited and disillusion. Greed has plagued us and we have become a people without direction and proper unity. This is more so evident now when we are approaching the 2014 General Elections where squabbles among the community are emerging and there is no uniting front. Everyone is for himself and we are hell bent on outdoing each other. Our so called Muslim leaders have started to fight for the pulpit in order to spread political propaganda and serve the interests of their political ambitions. Lies, divide and rule and desires of the material world negative attributes which go against our beloved religion of Islam are becoming more prevalent.

It is always expected of our leaders to lead and live by example and principles set by the Holy Prophet Muhammad. Being the representatives of the Prophet today it’s incomprehensible that a Muslim would give up everything he stands for to petty and worldly materials. In our Islamic History Evil politics which is distinguished from the politics that is embedded in our religion of Islam since the time of the prophet Muhammad (SAW) leaves a lot to be desired and should not be tolerated. It is the main source of our disunity and division in the religion of Islam today.

Disunity and division have fragmented the Islamic world into small weak segments and divided us here in Malawi into different groups. Consequently, it is our duty to purify our society from this disease no so long as we understand the causes of the illness. Fortunately, it is not hard for Muslims who read the Holy Qur’an to know the reasons, because the Qur’an mentions them explicitly in many verses.

Of course every Muslim in Malawi has a right to associate themselves to any political party of their choice but this must be done as prescribed by Islam alone. This entails bearing in mind that the religion (din) is the same thing as politics and politics is the same thing as religion. Since Islam includes a system of government, it necessarily comprises of politics as well. Those who due to alien influence claim that religion and politics must be separated are in face stripping religion of the strength it gains by providing a system of government. We do therefore believe that those Muslims who are immensely dug into corruption, divide and rule, self aggrandizement, are nothing but misleading us as a community and themselves as individuals. Through many Qur’anic verses Allah (S.W.T.) laid down the most important basis for the Muslim ummah, to conduct their affairs, especially for those vital issues related to the Muslim ummah  and the causes of division and disputes.
Allah (S.W.T.) says in surat Al-Imran, (Verses 102 & 103), what can be translated as,
"O you who believe! Obtain taqwah of Allah as His taqwah should be obtained, and do not die except in a state of Islam. And hold fast, all of you together, to the rope of Allah, and be not divided among yourselves, and remember Allah’s Favor on you, for you were enemies and He joined your hearts together, so that by His Grace, you became brethren and you were on the brink of a Pit of Fire, and He saved you from it. Thus Allah makes His Ayat clear to you, that you may be guided."
And in the same surah, (Verses 105-107), Allah (S.W.T.) also says, what can be translated as,
 "And do not be as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment. On the Day (Day of Judgment) when some faces will become bright and some faces will become dark; as for those whose faces will become dark (to them will be said): "Did you reject faith after accepting it? Then taste the torment for rejecting faith. And for those whose faces will become Bright, they will be in Allah’s Mercy, therein they shall dwell forever."
In the above verses, Allah lays down the basis of unity among Muslims, because disunity and division are characteristics of the disbelievers. Before the spread of Islam came to Malawi, the Muslim ummah was scattered among tribes such as Chewa, Yao, Sena Tumbuka and many more. However, Allah (S.W.T.) connected our hearts through Islam and we became loving brothers and sisters, all worshiping the same Allah, and all fearing the same Allah. Indeed Allah (S.W.T.) joined our hearts and moulded our differences into one united ummah, and Allah warns us from breaking down this unity that He created. And in the Day of Judgment, Allah (S.W.T.) will address those who fall into divisions and disputes saying, "Did you reject faith after accepting it?". Furthermore, Prophet Muhammad (S.A.W.) said in his last sermon to the Muslims, reported by Imam Muslim thus: "After my death, don’t turn into kuffar infidels fighting and killing each other."
We as Malawian Muslims must free our Islamic faith from siyasat (politics) of a perilous nature .The evil politics referred above is the form of politics that from the first century of Islam and throughout the history of Islam has obstructed the path to unity. We do not need political leaders to be using our community for their ulterior and selfish motives. The tendency of dividing and ruling our community by people who profess to be Muslims must be done away with. Worse still, there are others among us who cohabit with those of other faiths and use the Muslim community as bait to achieve their political mileage. All this is done without properly rewarding the Muslims in sharing of the national economic cake. When the Muslims have helped such individuals into power, they are dumped as if they were rice husks with no reward at all. Therefore 2014 insha Allah is a different year and we warn such greedy individuals who want to use Muslims willy-nilly.

Friday, 22 June 2012

Changes to Family Migration in UK

It is now official that with effect from 9 July 2012 certain rules governing family migration in this country will change. Obviously this change will have an adverse impact on those migrants who had a legitimate expectation of benefiting from the current immigration rules.

It's worth remembering that this is the 18th statement of changes in the immigration rules since the Coalition government ascended to power. The latest changes will attempt to consolidate consideration under the immigration rules and article 8 of the European Convention on Human Rights

This will mean that in the near future the cases based on private life and family life will be defined by and determined according to the immigration rules.The changes as one can understand them are meant to cull the numbers of family migration in the United Kingdom. Although one can easily argue that the changes targets low income earners in the United Kingdom who are originally from outside the European Union.

The Home Office believes that the immigration rules are deficient in balancing between the rivalry of individual rights and the greater public interest in article 8 because rules are not debated in Parliament
The Governement thinks therefore that in bringing about these changes the UK will be protected from foreign criminals who disregard the law and this will work to prevent them from using article 8 private and family life in defeating deportation.

Following this, the function of the courts will be to assess proportionality of the rules case by case rather reviewing the proportionality of individual administrative decisions. Effectively, the government is asking the judges to give deference to the rules emanated from a democratic legislature.

The most important issue not to be overlooked here is that of children and minors present and settled in the United Kingdom. The best interest of a child is paramount and it is that interest alone which gives effect to the need of the child and the decision made as a result. The home office has incorporated this principle above in the new regime of  immigartion rules.

They state that the test will be whether it is reasonable to expect the child to live in another country abroad and in removal cases there are clear framework in balancing the child's interest and those of a wider public interests.
Therefore the best interest remains intact as long as the child remains with the parents to be removed subject to exceptional factors and long residence. Long residence is currently at seven years although the rule governing this period is no longer in use.

The 14 year rule is to be withdrawn and to be replaced by 20 year continuous residence rule subject to criminality and English requirement under the rules. A 10 year rule remains unammended and still in practice people lawfully in the UK can apply based on theis rule.

New provision to be introduced for people under the age of 18, lived here half of their life and they are between 18 to 24 years of age and those with less thatn 20 years but have no family and  ties with their country of origin.

Finally in the rules deportation will not be proportionate where someone is in a genuine and subsisting relationship with a British national or someone settled here in the UK and they have live here for the last 15 years and there are insumountable obstacles to the family life with the partner to continue to live abroad. This in addition to those applicants with children who are british cizens or settled and lived here for the last seven years and it is unreasonable to expect that child to adapt easily with the life abroad.

For more on the changes please contact Liberty Immigration services Limited in Leicester. Their advisors will be happy to help in anything you may want to knwo regarding these changes.