Are you using a regulated immigration adviser?

In the UK it is illegal for anyone to give immigration advice or services without being regulated.

Suzanne McCarthy, the Immigration Services Commissioner, warns, “For your own protection, make sure your adviser is regulated by the Office of the Immigration Services Commissioner (OISC) or in England and Wales by the Solicitors Regulation Authority, the Bar Council or the Institute of Legal Executives. As the Immigration Services Commissioner I ensure that only fit and competent people are allowed to work as OISC regulated immigration advisers. There are just under 2,000 OISC regulated organisations currently operating in the UK.”

Mrs McCarthy also advises that, “All OISC advisers must keep up to date with relevant law and the immigration rules, abide by the Commissioner’s Code of Standards and Rules and maintain proper records”.

If you are considering using someone to give you immigration advice:
Check that the person is regulated. You can do this by going to the OISC’s website www.oisc.gov.uk and clicking on „Find an adviser’
Look for the OISC certificate and OISC global tick logo – these are only issued to OISC approved advisers, and both should be on prominent display at the adviser’s premises.
Remember that no one can guarantee that your application will be approved – even if you use a regulated immigration adviser.

The OISC as a regulator does not itself give immigration advice.
The OISC also handles complaints about immigration advisers. All complaints received are treated as confidential. Mrs McCarthy suggests that, “If you are unhappy with the services of your immigration adviser, you can complain to the OISC. Making a complaint will not affect any application you have made or intend to make to the United Kingdom Border Agency (UKBA)”.

For Information visit www.oisc.gov.uk or call 020 7211 1500 or 0845 000 0046.

Interview with Clyde James Head of Policy, Publications & Stakeholders, Office of the Immigration Services Commissioner (OISC)

Could you give us a brief overview of OISC?
We are responsible for the following:
Strategic policy –our code of standards, rules and other regulatory documents, plus guidance
Publications – as far as possible we ensure that our publications are up-to-date and relevant.  This includes our website
Stakeholders –we are responsible for engaging with stakeholders, internal customers, regulated advisers, the wider immigration and legal advice community, Government and the general population

How do you identify a certified immigration advisor?
A regulated adviser appears on our website under the Find an Adviser section, further, all regulated advisers must display their certificate of regulation, signed by the Commissioner and our “global tick” logo should also displayed, usually as a window sticker.

Can you register to become an advisor if you are qualified?
You can apply to be regulated.  There are no specific qualifications, similarly there is no guarantee that an application to become regulated will be successful. The OISC will look at the application, the adviser’s personal history (including a CRB check) and their competence will be tested .  We wish to ensure that the adviser is “fit and competent” to provide immigration advice and services.

Are advisors required to have a Professional Indemnity Insurance?
All advisers are required to have Professional Indemnity Insurance.  Failure to have PII would automatically lead to the refusal of an application or the Commissioners seeking to withdraw regulation from those already in the scheme.

How do someone become an immigration adviser if wishes to? 
An application is made using the documents on our website.  We look at personal history, competence, the organization structure that the adviser is wishing to become part of, the financial status/ business plan for the business, plus many other factors when deciding to award a certificate of regulation.
We also look at the type of advice that the adviser wishes to give we regulate at 3 levels, put simply, Level 1 is for basic advice, Level 2 more complicated advice, Level 3 advocacy and representation before the immigration courts

What makes an advisor to be disqualified?
If an adviser is found to be operating illegally or in gross breach of  the Code of Standards or the Commissioner’s Rules then the Commissioner can lay a charge against them before the immigration services tribunal.  The Commissioner can ask for a wide variety of sanctions, including an indefinite ban. This ban action has resulted to the advisors below.  We are under a duty to publish those banned.

• African Legal Advisory Services: Indefinitely prohibited


• Samba Mwani-Gambamba: Indefinitely prohibited


• Jacob Moyo: Indefinitely prohibited


• Rizwana Javed: Indefinitely prohibited

What Immigration advisers provide advice and services on?
Under the Immigration and Asylum Act 1999 immigration advice and immigration services must relate to a “relevant matter”.  As defined within the Act, ‘relevant matters’ means any of the following:

• a claim for asylum;


• an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;


• an immigration employment document;


• unlawful entry into the United Kingdom;


• nationality and citizenship under the law of the United Kingdom;


• citizenship of the European Union;


• admission to Member States under Community law;


• residence in a Member State in accordance with rights conferred by or under Community law;


• removal or deportation from the United Kingdom;


• an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997; or


• an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (j).

If a person gets wrong advice from an adviser and fail their asylum application, can they sue them?
Yes the can
We have a lot of people claiming to be advisers, is it wrong and how do we safeguard the community from unregulated advisers?
It is illegal to claim to be an immigration adviser (offer advice), while not being properly qualified i.e. regulated.  Further, it is illegal to give immigration advice or services while not properly regulated.

Any advice for those seeking advice and how best to find it? 
Look for a regulated immigration adviser on the OISC website www.oisc.homeoffice.gov.uk they will have the OISC global tick logo, as attached.  There will be an OISC regulation number, those that operate “for profit” have a number that starts with an F followed by 2 and 7 digits, this shows the year that the organization was first regulated e.g. F20101234, those that operate on a “not for profit” basis have a regulation number that begins with an N e.g. N20063456.
 

Border screening results in ten thousand arrests

Ten thousand wanted criminals have been arrested at the border as a result of e-Borders, an advance passenger screening programme.

e-Borders is a system by which air carriers and operators of vessels submit passenger and crew details electronically prior to travel from and to the UK. There are now an average of 52 arrests per week at ports and airports across the country for a range of crimes, immigration and customs offences as a result of the screening system which was introduced in 2005.

381 million passengers have been processed through the system since 2005, which has resulted in over 10,000 arrests for murder and rape, seizures of Class A drugs, and the refusal of entry to the UK for immigration offenders and overstayers.

Immigration Minister Damian Green said: ‘The government is doing more than ever before to protect the UK’s border. By checking passenger and crew information before, travel law enforcement agencies can apprehend those trying to evade justice. ‘From 2013 the new dedicated Border Policing Command, part of the National Crime Agency, will further strengthen security at the border, providing leadership and coordination based on a single national threat assessment and strategy.’

How it works:
122 carriers on over 3,000 routes provide passenger data to e-Borders. The UK’s National Border Targeting Centre screens the passenger and crew data and generates alerts as a result of intelligence and targeting.

The suspects wanted by the UK Border Agency, police, the Serious Organised Crime Agency (SOCA) and HM Revenue & Customs can then be apprehended before entering or departing the country.

Interview with Dr. Emmy Wasirwa Chairman of Uganda liquefied petroleum Gas Association

Could you give us an overview of your background and responsibility at ULPGAS?
I am the Chairman and founder of Uganda liquefied petroleum Gas Association (ULPGAS) and the founder and Chief Executive Officer of Wana Solutions (U) Ltd. The company markets and distributes LPG in Uganda. Prior to my current undertakings, I obtained a medical degree from Makerere University Kampala and I was a Nuffic fellow at Royal Tropical Institute in Amsterdam, The Netherlands. There, after I obtained Master’s degree in Public Health from University of London, UK.

ULPGAS has positioned itself to lobby and advocate for policies which promote the use of LPG as a clean energy in Uganda. As the founder and chairperson, my responsibilities include steering the association towards independence.
In a period of just six months, we were able to hold two very important events. The stakeholders workshop and the National Conference titled “LPG: Exceptional energy for Uganda”. This conference brought together international and national dignitaries and these included government ministries and Members of World LP Gas Association, and Total International, developmental organisations and LPG stakeholders in the country.

What does ULPGAS stand for?
ULPGAS is a National Association for LPG in Uganda. It is a voice of dealers, marketers, and distributors of Liquefied Petroleum Gas (LPG).
Our vision is to empower all stakeholders through information, education and networking.

You start1ed Wana Energy Solutions. What does it do?
I grew up with my parents in a rural Uganda on the slopes of Mount Elgon. My mother cooked food with crop residues and firewood for all types of foods. Since I was ten, my mother was in and out of hospital. Little did I know for years that she suffered from chronic bronchitis. She visited me in Kampala and cooked food on LPG. For the short period of time she spent with me in Kampala, I noticed some improvement. On returning to the village, she was admitted again for bronchitis related illness. Since she commenced using LPG she has at least been admitted to hospital for something different from bronchitis.

Wana is an indigenous company which was formed on the premise of combating the negative effects of traditional fuels used by my mother and many other women who strive every day preparing a meal in open kitchens. So Wana was commenced as a treatment precaution. We call ourselves as a social enterprise because we put the community ahead of profits.

The price of charcoal has skyrocketed to unaffordable price. Are your gas services affordable to the local people?
LPG in itself is an expensive energy in short term but quite cheap in long term. It is very expensive due to the startup costs. However in the long run, LPG is very cheap and safe as compared to fuelwood. For example, a 13kg of LPG can last a family of five people for about a month, unlike a 40kg bag of charcoal which costs the same price as LPG but can last the same family for less than two weeks.

How is the safety culture of LPG products?
Although we have not experienced a serious negative effect of LPG in Uganda, it can be dangerous due to unethical practices due to lack of safety standards. ULPGAS in collaboration with UNBS and MEMD are working on safety standards.

How do you distribute to customers?
Wana developed a unique approach. It is the first of its kind in the country. We distribute door to door complete packages which include stoves and accessories. We have commenced bulk distribution to Estates.

I understand you are planning to move back to run your business. Why now?
There are so many opportunities as indicated by Hon. Muloni during the just concluded Uganda Convention UK in London. Equally inside me, there are so many questions about what I tend to do for my country, rather than what the country should do for me. It is time for improvement in the association, from a personal growth to organisation transformation by developing the association as a strong institution which should stand the test of time.

Recently at the Convention, the Minister of Energy encouraged Diasporas to go back and invest in various segments in the oil sector. You are one of the Diaspora investors in this sector. Is there room for other Diaspora investors to venture into?
The oil and gas sector in Uganda is a virgin area. In the short term, we need to invest in storage facilities for LPG as we plan to heavily invest in distribution when the refinery commences in the next few years.

How do you advise the Diaspora who are struggling to access finance to start their business in Uganda?
Resolve and persistence. Foreign investors can offer modest cash for investment unlike local banks.
Invest your hard earned money, usually called “painful cash”. Establish a base and start looking for cash from foreign investors on the net.

The government has set up a Diaspora Directorate under the Ministry of Foreign Affairs, and there is a Diaspora Desk in Uganda Investment Authority. What support have you ever received from the organisations?
I heard about it once through the yearly conferences. But I have not personally accessed that service.

Do you think the government should have a Fast Track Stop shop for Diaspora?
Of course, I think the Diaspora desk has not been marketed well to the Diaspora. Instead of having a diaspora desk in Uganda, probably it would be better if it was either at embassies or at influential Ugandans business base, such as The Promota because they know potential investors in the Diaspora.

What is your opinion on the new Dual Citizenship?
Look at it in this way. We were born from two parents. Should one choose the father or the mother? Both are parents and should be treated as such.

What are the benefits of LPG for environment?
There are so many advantages of LPG but most Ugandans have been hooked on a myth that LPG is “very dangerous”. LPG presents with less green house gasses hence less destructive effect on the environment, unlike firewood. According to NEMA (National Environmental Management Authority) if the current trend of using firewood is not checked in Uganda, by 2050, all the remaining forests will disappear and LPG provides a solution to this problem.

What is your opinion on the recent Uganda Convention in the UK and how can initiatives like this help investors like you?
This convention was well overdue. It was an eye opener for most Diasporas as well as dignitaries who were in attendance. The attendants were able to network and shared anecdotes with each other. I suppose they received first-hand information about the challenges Diasporas face while trying to set up business in Uganda, or exporting goods from here to Uganda and equally the existing opportunities in Uganda. Also, Hon. Ministers were able to realise the amount of expertise and experience which exist amongst the Diaspora.

What are the challenges faced in the LPG sector?
The LPG market is severely constrained because of a number of structural defects such as lack of a regulatory framework that encourages private and public investment in distribution assets, and high upfront costs of cylinders, accessories and appliances.

If you are appointed the Minister of Energy, what are the core systems that you would structure?
First and foremost I would consider a strong public private partnership as a single policy document because to the government, the task seems mountainous. Likewise the private sector alone cannot be able to sustain the investment on its own.  I hate charities and it sounds like people in the diaspora are like charities to their own families. They need to be encouraged to invest that money into energy business by encouraging them through Diaspora desk in the Diaspora, not in Uganda. I would also encourage consumers and private companies in setting up pressure groups. Listening to stakeholders helps to develop a robust policy. Above all, living in the 21st century and still using fuelwood is not an option.

What is your 10 year plan?
Our strategic plan is to improve distribution channels of LPG in rural areas by developing distribution channels through employment. We hope to attain 20% of the population accessing LPG by the year 2020.

Any encouraging messages that you would like to share with fellow Diasporans?
As much as business is geared towards profits, social entrepreneurship should be a driving force for Diasporas. Start a social business with an intention of making profits. Prepare a bankable business plan and visit the website and search for the investors. Attend conventions such as the Uganda convention UK for networking, and above all you can only succeed if you are persistent and able to command unending resolve.

 

Africa’s business opportunities are increasingly on show in Britain.

Its message is being carried to London’s financial community and industrialists by a series of conferences and seminars.  Presentations of business opportunities in the African economy are the subject of increasing numbers of showcase events attracting large audiences of both African and European investors, financiers and entrepreneurs.  The recent Ugandan Convention reported in this magazine was targeted at emigrants wishing to return to the land of their birth or Diaspora as the traditional return journey home is known.  Significant national figures including the Ugandan Parliament’s Speaker, the Minister of Finance and Economic Planning, the Minister for Foreign Affairs and other African politicians and business people delivered a positive message to those considering investing their skills and money back into their homeland.  

October was a busy month for Africa’s showcases, an East Africa’s Global Trade and Investment Forum was held in London’s Royal Commonwealth Club and a Sierra Leone Investment Conference was hosted in the Daily Telegraph offices.  The Reuters prestigious “Annual African Capital Markets Conference” was held in their offices for the 5th year running.  The cream of Africa’s banking fraternity spoke on Foreign Direct Investment and other business matters and indicating how the African economy was growing (unlike Europe’s).  They allied their remarks to descriptions of how the establishment of peace and prosperity was making all this economic development possible.  The financial sector’s banks, economists and financiers showed growing sophistication in the management of Africa’s capital markets as well as its oil and mining resources.     

The most recent of Africa’s showpieces held here in London was the UK – Senegal Investment Forum which occurred last week.  Its Conference brochure listed a number of supporting partners including SN Mineral & Mining and Tora Gold as well as the Dangote Group.  This last company is a conglomerate and the largest quoted company on the Nigerian Stock exchange and was awarded the African Business of the year in 2011. It has donated over US$ 2 million to United Nations programmes in Africa during the year.  

The United Nations also plays its part in showcasing African business needs and opportunities.  Its role in the World’s economy requires it to encourage more British company’s to supply grant aided goods and services to Africa.  This was the reason for a series of seminars on the subject have been held in London and also Paris hosted by the UN in the last months.  The range of goods and service contracts placed by the many agencies of the UN amounted to US$ 5 billion last year.   If you wish to see your product or service listed as a supplier in their UN Global Market System, send us an email message to the address below.  We will send you details of some of the more recently placed contracts and help to find new ones suitable for your company.   Bidding for contracts with a value running from a few thousand dollars to large major contracts requires you to register with the UN’s Global Market data base.  Registration is free and it affords you many export opportunities into the African market.  Email us for details.

Peter Matthews
The Foreign Direct Investment EEIG
peter.matthews23@btinternet.com
 

Send Money Africa: Helping the Diaspora Send Money Home

Do you send money home to Africa?  If so, you are one of an estimated 30 million Africans worldwide who could benefit from the World Bank’s Send Money Africa database and website. Send Money Africa  helps the Diaspora make informed choices by providing information on the costs and speed of money transfer services offered by banks, post offices, and money transfer operators in 27 African markets.

Costs involved in sending money to Africa vary widely among providers and from one country to another. Moreover, the cost structure of the money transfer market -- which involves both exchange rate margins and up-front fees -- makes comparing transaction costs a complex and time consuming operation. However, on the Send Money Africa website, senders and recipients can quickly evaluate providers and make good decisions with a few clicks of the mouse.

The World Bank estimates that, if the cost of sending money could be reduced by even five percentage points relative to the value sent, recipients in developing countries would receive over $16 billion more annually than they do now. This easy-to-use web tool is a first step towards putting more money back in the hands of senders and receivers in Africa and stimulating enhanced competition in African remittance markets. The team plans to expand the site to include information for additional African remittance markets over the coming year.

Send Money Africa is part of the African Institute for Remittances (AIR) project, which is managed by the World Bank’s African Diaspora Program. It is an initiative in which the World Bank and selected development partners -- the African Development Bank, the International Organization for Migration and the European Commission -- are collaborating to facilitate the African Union Commission (AUC) and its member states in establishing the AIR. The project is funded by the European Commission and implemented by the World Bank.

www.sendmoneyafrica.worldbank.org

Exclusive Interview with: Kingsley Aikins Diaspora Matters founder and former CEO & President of The Worldwide Ireland Funds

Mr. Mutenza was privileged to interview one of the greatest icon in the Diaspora movement and founder of the renowned Irish Diaspora Matters.

1. Who is Kingsley Aikins?
I am an Irish born and educated person who has lived and worked extensively overseas. I was CEO of the Worldwide Ireland Finds from 1992 to 2011. This year I established a consultancy company Diaspora Matters (www.diasporamatters.com) to work with Governments, companies, organisations and individuals to help them develop strategies to connect with their Diasporas. I write and lecture extensively on diaspora and philanthropy issues and have put together Toolkits on both topics. I am very actively involved with Ireland’s efforts to develop greater connections with her Diaspora.

2. What inspired you?
Two things really. Firstly, I raised a quarter of a billion dollars in the Irish Diaspora to fund projects of Peace, Culture and Charity in Ireland, North and South. This was at zero cost to the Irish government and the Irish taxpayer. I saw the power and influence of the Diaspora in bringing about peace in Northern Ireland.

Secondly, I asked myself a number of questions as follow. What made China the world’s manufacturing powerhouse, what made India a global  technology hub, what made Israel the second largest venture capital country in the world and what helped bring peace to Northern Ireland? To me, the answer to each of those questions was the same ie networking with their diasporas primarily in the USA. When you put it in that context, then the power and potential is obvious.

What inspires me is that so many countries are now realising that and are beginning to see their diasporas as terrific resources but they need to find ways to connect with them. Emigration is being viewed differently and there is the possibility that brain drain can become brain gain and brain exchange. There are 215 million people who live in a country other than the one they were born in and that number has tripled in 40 years. Communications and technology are making it possible to identify and connect with these people in new and innovative ways.

3. Best way to harness the Diaspora?
There is no ‘one size fits all’ but there is, I believe, stages of evolution that countries tend to go through. For many countries, that starts with remittances and moves to philanthropy followed by business networks followed by venture capital. Perhaps the best way to start is to try to figure out what the home country can do for the Diaspora rather than always looking to what the Diaspora can do for the home country. The key is to build networks and begin to apply the 4 phase process of Research, Cultivation, Solicitation and Stewardship that are outlined in the Diaspora Toolkit.

4. Lessons from Ireland
Every country does it differently and Ireland is no exception. The political problems in Northern Ireland were an ‘ever present’ in diaspora affairs. However, the key lesson for Ireland is that hundreds of different organisations grew up around the world. This, in my view, is a confirmation
that there is no such thing as an Irish Diaspora, rather there are dozens of Irish diasporas and you need different strategies to deal with each one. The glue that keeps them all together is self interest which is why it is important that they need to see that they get something out of the relationship with the home country. In Ireland’s case, some organisations flourished and some failed. Key is always the quality of the leadership. In short, then, I believe in ‘letting a thousand flowers bloom’.

5. Diaspora Bonds
Key here is distribution, credibilty and reportability. Israel and India are the gold standards in this field. Easier said than done.

6 Role of Government
My view is that governments are better as facilitators than implementers but they have a very important role in giving their imprimatur and approval and allowing their facilities eg embassies to be used. However, if the market does not respond, then sometimes they have to intervene to kickstart activity. Obviously, some activities such as the issuance of bonds or certificates of citizenship need to be run by governments.

7. Hillary Clinton’s Initiative
This was the first ever such event held by the US government and was very significant for that. It reinforced a realisation by the US State Department that this is an important topic and is part of America’s ‘soft power’ that can lead to hard impacts. It is also part of the reinvention of how America sees its role in the world and is part of the 21st Century Statecraft approach of US Secretary of State Hillary Clinton. Working closely with US based Diasporas greatly helps America’s influence in the world. I think it is fair to say that peace would not have occurred the way it did in Northern Ireland without the role played by the US government and the Irish Diaspora in the US.

Hillary Clinton has also announced the creation of IdEA - International Diaspora Engagement Alliance - which could play a very big role in the future.

8. Your message to governments who don’t engage their Diaspora
The message is simple. You are missing out. Other countries are now doing it and some of the most successful countries in the world have been doing it very well for a very long time. It is proven to work. Now techology and communications are making it more possible. Migrants tend to be very successful and we need to tap into their success, wealth, contacts, know-how and experience. We now live in a world where it is not who you know, not even what you know but who knows you. The key to success is thriving in a networked age. The world is no longer even about countries but rather cities and regions where clusters of creative people congregate.

9. Investing in Uganda
I have watched Tullow Oil in Uganda....very successful Irish company. I am not in a position to invest but clearly they are very happy with it and this will lead to more. The West needs to understand just what an economic powerhouse Africa is. They don’t, but key people in the Diaspora could help get this message out.

10. Words of encouragement
This is an incredibly exciting time for the potential of developing greater involvement with diasporas. Everybody can play a role and governments need to make that clear. Every government department, corporation, organisation, province, town, village and individual can do something. It needs inspiring leadership and a ‘national call to arms’. If that happens, then amazing results will ensue. Key to success is innovation, identifying people who can make things happen and  engaging the next generation.