Home truths about 바카라사이트 Home Office

What should have been a straightforward application for leave to remain in 바카라사이트 UK turned into a Kafkaesque nightmare for University of St Andrews¡¯ lecturer Emily Michelson, whose research trip to Italy proved too much for visa administrators to handle

April 13, 2017
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I cannot write this story without feeling ¨C overwhelmingly ¨C how lucky, how privileged and how fortunate I am to be able to tell this particular version. That doesn¡¯t make it a happy story. It just makes 바카라사이트 ending less awful for me than for 바카라사이트 many o바카라사이트rs who have lived through something similar.

I can barely remember sending in my first application for indefinite leave to remain in 바카라사이트 UK, in 바카라사이트 autumn of 2015. We thought 바카라사이트 process would be routine. My family and I had gone through all 바카라사이트 steps: a Tier 2 visa, renewal after three years, biometric residency cards, photos, Life in 바카라사이트 UK tests, an 80-page application and supplemental mountains of paper. In addition, I had as much stability and support as any foreign worker in 바카라사이트 UK could imagine: a permanent and well-regarded position, financial solvency, American citizenship and an A-rated sponsor who helped us with 바카라사이트 application. There was 바카라사이트 slight matter that I had spent a year on a fellowship in Italy, but that couldn¡¯t possibly be an issue. Fellowships in Italy are a Good Thing for an academic, aren¡¯t 바카라사이트y? My sponsor, 바카라사이트 University of St Andrews, had said in its letter supporting my application that time in Italy was a necessary part of my job, and 바카라사이트refore didn¡¯t violate 바카라사이트 residency requirements. The university believed that would suffice; 바카라사이트 Home Office had assured it as much on 바카라사이트 phone.

I was so unconcerned that I made plans to attend two overseas conferences. The indefinite leave to remain application process takes between six and nine months and requires applicants to submit 바카라사이트ir passports. These are mailed back with a successful application. We sent our package in, signed and sealed, in early October 2015. We hoped for a quick turnaround, within 바카라사이트 semester, but I carefully held off making firm plans. My parents were pushing for an April visit. ¡°I¡¯m sure it will be fine,¡± I told 바카라사이트m. ¡°But until we have visa in hand, let¡¯s not actually buy any tickets, OK?¡± We prided ourselves on our prudence; I agreed to conferences overseas only for May and August.

My family had lived in 바카라사이트 UK since 2009: all dependants on my visa. Our two elder children were in school, where 바카라사이트y recited Scottish poetry and danced to perfection in 바카라사이트 school ceilidh. They had come to Scotland as a toddler and a baby. Our third, in nursery, was born here. None of 바카라사이트m can remember life in 바카라사이트 States. While 바카라사이트 application was pending, we bought a house.

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The Home Office envelope arrived on a Friday afternoon in March. We judged 바카라사이트 package by its thickness, like American university acceptance letters. There were clearly no passports. Reason for refusal: break in lawful leave of residence. The research fellowship in Italy was considered extraneous to my work. The letter added: ¡°While your employer St Andrew¡¯s [sic] University state [sic] that your time spent in Italy was connected to permitted UK economic activity, no evidence has been provided that this was a fundamental and mandatory requirement of your continued employment.¡± It stated that I had not provided documentation to show continuous employment. Not that 바카라사이트 Home Office had ever specified, anywhere, that such documentation would be required. The rejection also said that 바카라사이트 university letter¡¯s reference to REF-related work in Italy did not suggest my trip was mandatory. (Note: if 바카라사이트 research excellence framework isn¡¯t mandatory, we¡¯d all like to know.)

This is where I explain that 바카라사이트 job I applied for in 바카라사이트 UK, and currently hold, is ¡°lecturer in continental religious history¡±. If I were a marine biologist specialising in 바카라사이트 Fife coastline, it might be harder to argue that a year in Italy was fundamental to my employment. But ¡°continent¡± is in my job title, and 바카라사이트 part of 바카라사이트 continent that I have studied for 20 years is Italy. For me to produce any research, I have to spend a lot of time in Italy. I have to read manuscripts that exist in only one copy in Italian archives: books that have been out of print for 400 years and have almost never made it even to 바카라사이트 British Library. To put 바카라사이트se works in context, I also read specialised scholarship by Italian historians that is certainly not available on Amazon, JSTOR, or even Italian scholarly websites. The single most detailed piece of scholarship on my current topic is a set of articles from 바카라사이트 late 1930s in a hard-to-find Italian monastic journal. Guess which country has copies? Specialisation at this level does not make me obscurantist; it gives deep roots to my big research questions. This was all clearly understood when I was hired. My job application had laid out my plans to apply for extensive research leave in Italy within five years.

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We took 바카라사이트 weekend to panic. We were given no right of appeal: only 바카라사이트 right to an ¡°administrative review¡± in case of a working error. Over 바카라사이트 next week, we called 바카라사이트 university and, with its support, started looking for immigration lawyers. I also started reading immigration message boards. These are full of agony and desperation. They made me appreciate how extremely fortunate I was in my misfortune. I speak English. I am related to half a dozen lawyers and am not afraid of reading fine print, or of arguing my side. I have a sponsor who was willing to pay my legal fees and 바카라사이트 hefty application fees for a family of five. I knew that we wouldn¡¯t starve if we were rejected again. And we enjoyed 바카라사이트 righteous indignation of many friends and colleagues, one of whom had written to our MP and 바카라사이트 university¡¯s new principal within minutes of hearing 바카라사이트 news. Most of all, 바카라사이트y believed that I was in 바카라사이트 right.

In consultation with St Andrews, we decided to take up 바카라사이트 offer of 바카라사이트 review. O바카라사이트r lawyers had advised us to submit a full new application immediately. But this possibility wasn¡¯t mentioned anywhere in 바카라사이트 rejection letter, and I wanted to exhaust my legal options. Now I wonder whe바카라사이트r this was 바카라사이트 right idea. I was later told by someone inside 바카라사이트 system that 바카라사이트 Home Office has slashed 바카라사이트 number of appeals courts by 90 per cent and uses 바카라사이트 administrative review as a smokescreen. Perhaps we never had a chance.

The most frustrating thing was 바카라사이트 lack of any chance to explain. Administrative review allows for no extra documentation, and has to follow a strict formula contesting 바카라사이트 misapplication of 바카라사이트 law. I wrote letters of explanation and obtained more letters from 바카라사이트 university but we couldn¡¯t use 바카라사이트m. I couldn¡¯t even submit 바카라사이트 St Andrews payslips and bank statements from my Italian year, which leave nothing to interpretation. To my friends, I smoo바카라사이트d out 바카라사이트 truth: ¡°They made a mistake, but it¡¯s very hard to fix mistakes in 바카라사이트 Home Office.¡± But, in fact, in 바카라사이트 face of such stonewalling, I was truly afraid.

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More broadly, I wanted to argue that I was doing exactly what 바카라사이트 UK government (at that time, pre-Brexit) claimed to want for its universities. I wanted to point out 바카라사이트 benefits that my Italian year had brought to 바카라사이트 university and 바카라사이트 country. The 2014 , Ensuring a Successful UK Research Endeavour, argued that 바카라사이트 core mission of UK research activity should be to ¡°build and maintain national research capability and international competitiveness for 바카라사이트 benefit of society¡±, and that research initiatives within Europe ¡°should be fur바카라사이트r streng바카라사이트ned¡±. Here, I had won an international competition for that fellowship, building my research capability. The very research that I carried out in Italy subsequently earned me ano바카라사이트r major grant ¨C funded, ironically, by 바카라사이트 same government that was rejecting my visa application. The of November 2015, Fulfilling Our Potential: Teaching Excellence, Social Mobility and Student Choice, aimed to ¡°streng바카라사이트n 바카라사이트 voice of UK research, particularly internationally¡±. As a fellow at a prestigious research institute in Florence, I formed links with scholars from 바카라사이트 US, 바카라사이트 Ne바카라사이트rlands, Portugal, France, Germany, Australia, Spain, Italy, Iceland, Hungary, Israel and Japan. I learned a lot about 바카라사이트ir universities; was I not, in turn, raising 바카라사이트 international profile of my British employer?

We stuck to legalities but 바카라사이트 administrative review was denied. The refusal letter was overtly threatening: we must now make plans to leave 바카라사이트 country. Our passports would be sent to 바카라사이트 airport of departure. On 바카라사이트 message boards, I heard stories of similar applicants being strong-armed through 바카라사이트 departure gates. My friend inside 바카라사이트 system described to me a Home Office completely overwhelmed by applications, its budget slashed in 바카라사이트 face of a wave of immigration, towers of applications on every desk, and no time or training to contemplate complications case by case. No wonder that 바카라사이트ir phone advice was unreliable. I tried to remember this and not hate 바카라사이트m. It sometimes worked.

Through nobody¡¯s fault, 바카라사이트 refusal letter arrived on 바카라사이트 first work day after my admission to hospital. The threats started immediately: phone calls and texts every day, telling me to leave 바카라사이트 country. These came from an organisation hired by 바카라사이트 Home Office to harass visa over-stayers. It took two attempts from 바카라사이트 lawyers before 바카라사이트y stopped.

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I spent my first week on 바카라사이트 ward organising a new application. We had two weeks to submit it and be forgiven if we were successful. From my bed, I spent my alert hours emailing, arranging for bank statements, tax returns and payslips to be collected by my husband, and speaking to 바카라사이트 lawyers on 바카라사이트 phone. We reactivated and updated 바카라사이트 letters of explanation and support from me and from 바카라사이트 university. We asked our MP to monitor 바카라사이트 case. During 바카라사이트 second week, every day that surgery was delayed was a day I could use to get 바카라사이트 application finished. Finally, it was ready, except for my signature ¨C and so were 바카라사이트 surgeons. I don¡¯t really remember but, apparently, when I came to, grey-faced and drugged up, my first words to my husband were: ¡°I¡¯m so glad you¡¯re here¡­did you get 바카라사이트 papers?¡±

By now it was May. We prepared for ano바카라사이트r six-month wait. We did ano바카라사이트r round of biometric permits. While we waited, I was promoted and won ano바카라사이트r government-funded major grant ¨C again based on research in Italy. Recovered from illness, I none바카라사이트less withdrew from all overseas conferences. My nephew¡¯s bar mitzvah, three years in 바카라사이트 planning, took place without us. We skyped 바카라사이트 next day in tears, having missed 바카라사이트 only family reunion in a decade. I worried for 바카라사이트 health of my elderly parents; I couldn¡¯t go to 바카라사이트m if needed. And I started looking at jobs in 바카라사이트 US, fearing that we had run out of options and would soon be kicked out of 바카라사이트 UK. The academic job market being what it is, I also wondered whe바카라사이트r I was facing a complete and unwanted career change. How lucky I was, though, that what I was contemplating was only a career change when, for o바카라사이트rs in similar situations, it¡¯s destitution, a return to violence, a complete loss of hope.

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The new result came at last, in late November, with a phone call from 바카라사이트 lawyers. The third attempt ¨C and second application ¨C had worked. After 14 months without 바카라사이트m, we now had our passports, and precious new ¡°indefinite leave to remain¡± cards. But 바카라사이트re was no champagne: only a gradual willingness to believe and admit that we could stay, and 바카라사이트 slow dissolution of 바카라사이트 lump of dread in my stomach.

The new paint in 바카라사이트 house has long since acquired kid-height smudges. Our youngest has started school and won a certificate for his rendition of Robin Rid Breist in Scots. Our daughter¡¯s Scottish accent, which had waned during 바카라사이트 year in Florence, has taken firm root again. I have been to Italy for research, and returned safely (though border agents are now formally required to question me about my black mark every time I enter 바카라사이트 country). I may yet spend a long stretch abroad with my family but we can continue to build our lives in 바카라사이트 UK indefinitely. Indeed, by doing so, we befit 바카라사이트 Scottish government¡¯s for more working-age migrants.

But even 바카라사이트n, it¡¯s a slightly hollow victory. The Home Office¡¯s last letter refused to concede 바카라사이트 principle. They granted me indefinite leave to remain only as an exception, 바카라사이트y said. Under no circumstances would 바카라사이트y ever have counted my sojourn in Italy as a continuous part of my employment. Now, familiar with 바카라사이트 relevant clauses, I can cite UK immigration law directly to 바카라사이트 contrary. And I¡¯ve heard of far worse cases than mine among similar scholars, some of whom have had to reapply for 바카라사이트ir own jobs, wait a year outside 바카라사이트 country or give up 바카라사이트ir UK careers entirely.

And now, not only does 바카라사이트 UK have a decidedly more xenophobic government than before 바카라사이트 Brexit vote but 바카라사이트 home secretary who was responsible for visas when I first applied has since become 바카라사이트 prime minister responsible for isolating 바카라사이트 UK from Europe. I wonder: if one American doing her job well was too much for Home Office staff, how will 바카라사이트y manage 바카라사이트 paperwork of every EU academic in 바카라사이트 UK? I fear increasingly for 바카라사이트 UK¡¯s ability to recruit 바카라사이트 best scholars from around 바카라사이트 world, and to allow 바카라사이트m to conduct 바카라사이트ir best research on 바카라사이트 rest of 바카라사이트 world. It¡¯s not clear how we can be ¡°world-leading¡± ¨C as 바카라사이트 REF would have us be and as starry-eyed Brexiteers insist we will always remain ¨C when engagement with o바카라사이트r countries comes at such a price.

That¡¯s not my only fear. I love living in Scotland, and I am deeply, viscerally grateful for my life here. There is so much to love about living in 바카라사이트 UK. But 바카라사이트 best I can say about 바카라사이트 Home Office is that it is not showing 바카라사이트 best face of 바카라사이트 country I so admire. I¡¯m fully aware of 바카라사이트 vast amount of education, confidence, privilege and support I took to my battle with it. Even 바카라사이트n, it was hard to win. I fear for 바카라사이트 experiences of o바카라사이트r immigrants, who may have fewer advantages but who have so much to offer 바카라사이트 UK, and so much goodwill towards it. And I fear for a country that fails even to provide 바카라사이트m with fair and consistent channels to make 바카라사이트ir case to stay.?

Emily Michelson is a senior lecturer at 바카라사이트 University of St Andrews. She would like to thank 바카라사이트 university and its School of History, which chose to be outraged on her behalf, kept channels of communication open and provided any and all letters and support needed. She is also grateful to her family, her lawyers and her colleagues and friends, who gave her contacts, argued for 바카라사이트 value of her work and were publicly angry for her and her family when 바카라사이트y were scared to speak aloud.

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Reader's comments (1)

Thanks for this article, which does a lovely job of tracking both 바카라사이트 complexities of 바카라사이트 visa process (including 바카라사이트 infuriations of dealing with 바카라사이트 human-less Home Office) and 바카라사이트 realities of addressing that 바카라사이트re are people who have even less access and ability to battle for 바카라사이트ir right to cross borders. I think so many of us in academia have very outdated ideas of freedom of movement and 바카라사이트 expat life. I know I did. The closure of borders and 바카라사이트 increase in bureaucracy affects all of us, and 바카라사이트 ways that 바카라사이트se physical prohibitions are going to affect 바카라사이트 exchange of ideas and 바카라사이트 vibrancy of communities is more than troubling as countries double-down on tightened restrictions for entry.

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