Leave to Remain ~ Commit a Crime, Enjoy the Benefts

Leave to Remain:
1. A completely stupid oxymoron (why would anyone Leave to remain somewhere?)
2. An immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study, without restriction.

Getting a visa to stay in any country on a migrant basis is no easy thing. You either need a lot of qualifications and a healthy bank account, a friend or family member in the immigration department or a stack of money so high that no official will turn down your request because it means lots of tax income. The paper work is always time-consuming, confusing, annoying even to a migration specialist and the finished product is usually 112 pages and weighs 15kg with the necessary documents included. You have to answer what is basically the same questions re-worded in various forms 11 times, swear that you are a good person, and promise that you have never nor will you commit any crimes.

“Promise that you have never nor will you commit any crimes.” This is something you will find on your application form if you want to get a migrant visa to the UK. Of course everyone will declare that they are good people. Who is going to tick the box that says “I have been involved in terrorist activities in the past 5 years”? Only the really stupid people tick that box, and usually they are still given a visa anyway, on the grounds of compassion or some such nonsense. You are supposed to submit a statutory declaration on your honesty and integrity and if you lie about it they will find out (or so they say) and either deny you a visa or kick you out and revoke your right to stay should they have already given you a visa. Or will they?

It seems that even though they act all strict on the applications, once you have gotten into the UK, you are practically free to do whatever you want. This is because the EU has its own set of rules and member states are supposed to follow their guidelines. Countries that join the Council of Europe supposedly retain their individual sovereignty and political identity, yet the European courts can dictate how a country must act. Confusing? Absolutely. Stupid? Well yes, yes it is.

There are actually 2 European courts. The Court of Justice of the European Union (ECJ) and the  European Court of Human Rights. The ECJ is not related to the European Court of Human Rights in any way. Most  lawyers in the UK won’t know the name of a single judge sitting in either court, nor will they be aware of pending legislation. The courts just sit around and pass laws to cover the whole of Europe.
Since all EU states are members of the Council of Europe and have signed the Convention on Human Rights, they are bound by decisions even though there is little consistency in case-law between the two European courts or the courts of the individual countries. It’s basically a bunch of people deciding what is right for all of Europe with no actual basis for what is legal. It leaves little or no room for national sovereignty.

The truth is, countries do sometimes ignore decisions made by the European Court of Human Rights if they feel that it contradicts sovereign law. It is up to individual member states. Any law student could tell you that the UK parliament is sovereign, and this means that, unlike in the United States, no court, including the supreme court, can strike down legislation passed by Parliament. That being said, what exactly amounts to “interpreting” law is up for debate. And this is where it gets murky.

But it is clear that the UK doesn’t want to ruffle any feathers, even though the general public thinks that UK sovereignty should take precedence over EU directives. So, directly from the news as reported today, Last Exit to Reality gives you the latest on how you can circumvent this whole visa process. We in no way condone this behaviour, but the EU seems to think that it is fine. We do name names here, but we are protected by The European Court of Human Rights. These are all true and real examples of “justice”. This is by no means a complete list, just a small look into what is going on.

1. A Nigerian rapist cannot be deported from Britain because a legal fight to remove him took so long he has developed a “life” here, those wise European judges have ruled.
2. Nepalese criminal Rocky Gurung has been allowed to the stay in the UK despite being convicted of the manslaughter and jailed for three years after he and a gang of friends threw Bishal Gurung in to the River Thames. An immigration tribunal later ruled deporting him would breach his right to a family life, despite the fact he was single and had no children. It was based on the fact his parents are here.
3. Aso Mohammed Ibrahim, a failed asylum seeker,  left 12 – year – old Amy Houston dying after a hit – and – run crash, was allowed to stay in Britain because of his human rights. The Iraqi Kurd was a disqualified driver at the time of the incident in Blackburn, Lancs, in 2003. Immigration judges ruled deporting Ibrahim would breach his right to a family life because he has children here.
4. Serial criminal Abdi Sufi has been allowed to stay after European judges said sending him home to Somalia would breach his human rights. Sufi, 24, has at least 17 convictions for crimes including burglary, fraud and indecent exposure since he entered the UK illegally eight years ago. But an attempt by the Home Office to send him back to his homeland was thwarted by judges in Strasbourg, who ruled he would face the risk of inhumane treatment if he was returned.
5. Rohail Spall, a Pakistani businessman man jailed for attempting to spike a woman’s drink so he could rape her, but allowed to stay because deporting him would breach his right to family life.
6. Mark Cadle from Belize, jailed for having sex with a 14-year-old girl, who judges said would have his human rights infringed if deported because his family live in Britain.

Ok, so are you thoroughly annoyed? Although you can email the prime minister, it does not have the same effect as 100000 physical letters coming through the mail slot. So get writing, feel free to credit us in your letter.
You can write to the PM at the following address:
Dull guy 1 and 2
10 Downing Street

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3 thoughts on “Leave to Remain ~ Commit a Crime, Enjoy the Benefts

  1. Aw, this was a really nice post. In idea I want to put in writing like this moreover ? taking time and precise effort to make an excellent article? however what can I say? I procrastinate alot and certainly not seem to get something done.

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