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International member case studies

Case study 1 – RCN Immigration Advice Service supports member in correcting visa error ahead of expiration.

The member applied for a 30-month extension to their fiancé’s Leave to Remain visa, as they were approaching eligibility to apply for an Indefinite Leave to Remain visa. In an error by the Home Office, they were granted a 5-month fiancé visa, instead of an extension, meaning the member's fiancé could not work and had to be married before their visa expired.

Taking action, the member contacted the Home Office and their MP, though the issue remained unresolved. The member's employer carried out a Right to Work check with the Home Office, resulting in the member's employer being notified that they no longer had the right to work.

As a member of the RCN, they got in contact with our advice team and were referred to the RCN Immigration Advice Service, who issued a letter to the Home Office’s litigation team on judicial review/public law grounds.

With the support of the RCN Immigration Advice Service, the member was successful in their appeal, leading to the Home Office agreeing to cancel the incorrectly given visa and issue the member's fiancé with the correct visa status.

Case study 2 – RCN member receives support in the wake of dismissal.

This RCN member had travelled to the UK after signing an employment contract and obtaining sponsorship as a nurse in a small care home. After arriving, the member was asked to sign a new contract stating that he must work for the care home for five years or face a £10,000 fine.

The member did not feel comfortable signing the new contract and was immediately dismissed from his position and told that he would be “deported.”

Feeling understandably concerned, the member took action and contacted the free RCN Direct advice line. The advice team referred the member to his regional office. Our RCN Immigration Advice Service advised the member on his immigration status and what actions he would need to take following his dismissal. The Immigration Advice Service advised that employers/sponsors do not have the power to enforce a worker’s removal from the United Kingdom.

Case study 3 – RCN supported member’s campaign to scrap the Immigration Health Surcharge (IHS).

The member, who moved to the UK from Kenya, was faced with financial difficulty when applying for her visa, as payment for the IHS was required before processing the application. With a family of six, a £400 a year surcharge was a sizeable expense and there was a constant threat of her visa status running out.

The member felt strongly about this issue and was keen to influence the government to scrap the IHS. The RCN supported the member’s campaign for the surcharge to be scrapped, issuing a letter to the Prime Minister and Home Secretary calling for the unfair and unjust financial burden of the IHS to be permanently waived. The RCN highlighted the importance of our internationally educated nursing staff, stating that such a fee undermines their vital contribution to health care in the UK.

In a victory for all internationally educated nursing staff, the government permanently scrapped the fee for nurses and health care assistants applying to become sponsored workers in the UK, as well as well as providing the opportunity to claim refunds for those who have paid the fee previously.

Case study 4 - Family member joining RCN member in the UK.

The RCN was able to assist a member, whose application for their child to reside in the UK was refused. The member was a registered nurse and had British citizenship, and initially entered the UK as a Tier 2 migrant in 2007.

She had left two children under 18 in her country of origin with her mother, with the intent to bring her children to the UK once she was settled in her job and accommodation. Various issues prevented her children coming to the UK.

When the member obtained British citizenship, she applied for her youngest son to reside in the UK, but the application was refused with a right of appeal.
The member contacted the RCN Immigration Advice Service for support in appeal, and they were able to assist in drafting grounds of appeal before the deadline, advising on the issues in the case and evidence required for appeal. The outcome of the appeal was successful.

Case study 5 – RCN member receives support for daughter’s entry to the UK.

The RCN supported a member with difficulties they faced following a refusal by the Home Office to allow their daughter’s entry into the UK.

The member turned to the RCN’s Immigration Advice Service for advice. The team guided the member through the process of submitting an application to the Home Office. Following a successful appeal, the member’s daughter was granted entry clearance to the UK the following month.

“I am forever grateful to the RCN for providing this level of service to members like me, who are faced with immigration and other issues. I consider the RCN to be my support service away from home, knowing that advice and support is always available, should I need it.”