Sarath Wijesinghe

13th FEBRUARY, 2024
You may find below a rendition of the speech was delivered at a seminar hosted by the Immigration Practitioners Association, focusing on the complex nature of immigration law and practice, with a special emphasis on Sri Lanka’s context. The speaker highlighted the significant emigration trends from Sri Lanka, mainly driven by employment opportunities abroad, particularly in the Middle East, and the diverse reasons people leave, including education and family reunification, mainly towards Western countries. The speech detailed the intricacies of visa processes and the challenges faced by Sri Lankans, such as dealing with the discretion of embassy officers in visa approvals and navigating complex legal frameworks.
The UK’s advanced and regularly updated immigration system was discussed as a model, noting the discretionary powers of immigration officers and the legal challenges applicants might face, with immigration tribunals serving as the adjudicatory bodies. The speaker pointed out the structured application processes within Sri Lankan embassies, especially in the UK, and the efforts to combat the exploitation by illegal immigration advisors.
The mission of the IPA was emphasized as crucial in safeguarding rights, streamlining practices, and educating the public and immigrants to prevent exploitation. The speech also stressed the importance of understanding the financial independence required by prospective immigrants, particularly in the context of the UK, and the role of immigration advisors in guiding individuals through the legal complexities. The commitment of the IPA to continue providing educational
seminars on immigration topics was highlighted as a key aspect of its mission to ensure practitioners and immigrants are well-informed and supported throughout their immigration journey.
The eminent panel of speakers included:
Mr. Sarath Wijesinghe
President’s Counsel, Former Ambassador to UAE & Israel, Solicitor in England & Wales
Mr. Godfrey Cooray
Former Ambassador to Norway, Finland and Iceland, Former Board member of the panel of immigration in USA and Italy, Attorney-at-Law
Mr. Daminda Goonetillake
Solicitor in England & Wales, Attorney-at-Law, Immigration Law Specialist
Mr. Chrishmal Warnasuriya
Counsel to the International Criminal Court, Expert on Overseas Law, Attorney-at-Law
Dr. Rachitha Buddhika
Chairman of Surado Campus, President of the Lanka Professional Caregivers’ Association
Mrs. Deepa Adikari
Director of the London and Oxford Education Group & The London College of Media, Immigration Consultant
The event was aimed at demystifying the complex landscape of immigration for individuals seeking to embark on a journey to new lands for various purposes including work, education, and family reunification. Through a series of informative speeches and discussions, participants were offered a comprehensive insight into the multifaceted aspects of immigration, including policies, procedures, and the practical challenges faced by immigrants. The seminar also addressed the specific needs and questions related to Sri Lanka’s immigration policies, offering guidance to both local participants and foreign attendees through a detailed exploration of visa categories, entry requirements, residency processes, investment opportunities, and the support services available for navigating the immigration system. Special attention was given to the plight of asylum seekers and refugees, as well as the strategies for those planning to leave Sri Lanka for business or caregiving roles abroad.
The IPA’s commitment to safeguarding rights, enhancing professional standards, and creating an informed community through education and access to legal expertise stands as a testament to the power of collective effort and dedication in making the journey of immigration a fair, dignified,
and hopeful experience for all. This seminar not only served as a platform for knowledge exchange but also as guidance for practitioners, immigrants, and the broader community, paving the way for a future where immigration is embraced with integrity and commitment to justice.
Speech delivered by President’s Counsel Sarath Wijesinghe
Ladies and gentlemen,
I stand before you today at this seminar conducted by the Immigration Practitioners Association (IPA), where our focus is on the intricate web of immigration law and practice, particularly in the context of Sri Lanka. Sri Lanka, a nation of resilience and diversity, has witnessed a significant trend in emigration for various reasons. The primary driver is employment, with a staggering 10% of our population seeking opportunities abroad. This diaspora predominantly engages in unskilled, semi-skilled, or skilled labor positions, predominantly concentrated in the Middle East. The visa processes for employment abroad, while not overly complicated, often find facilitation through the cooperation of employers.
However, our emigration story goes beyond employment seekers. We witness a steady flow of visitors, students, and families, all with unique aspirations and dreams tied to different corners of the world, particularly in the West. The pursuit of education, better employment prospects, and the desire for a new life weave the tapestry of these journeys.
When we speak of visitors, we must understand that the definition goes beyond a mere physical presence in a foreign land. A visitor, in the context of immigration, is someone who resides out of their home country for 24 hours or more, often driven by purposes such as education, employment, or medical reasons.
Yet, we must acknowledge the nuances of international relations and security concerns that can make visiting certain countries, such as the United States, a challenging endeavor. The approval of visas is placed at the discretion of embassy officers, individuals who hold the final authority in determining who can enter a particular country. Visitors, therefore, must navigate through a complex set of rules and regulations, ensuring compliance with the laws of the respective nation.
As we go through the complex terrain of immigration, it’s crucial to understand the foundations upon which visa regulations are built. These regulations are typically formulated through acts and subsidiary legislation, often mirroring models set by countries like the United Kingdom, albeit with some modifications.
Let us take a closer look at the UK, a pioneer in shaping immigration rules that are not only advanced and sophisticated but are also subject to regular updates. The cornerstone of the UK’s immigration framework lies in the UK Citizenship Act and subsidiary legislation. This legal infrastructure serves as a comprehensive guide, establishing the parameters that govern the entry and residence of individuals in the country.
One distinguishing feature of the UK’s immigration system is the significant discretionary powers vested in immigration officers. These officers play a pivotal role in determining the fate of visa applications, exercising their judgment based on a multitude of factors. This discretionary authority, while essential for managing the complexities of immigration, also poses challenges and complexities for applicants.
Legal challenges to immigration decisions in the UK can only be pursued through a specific avenue – the immigration tribunals. These tribunals, serving as the ultimate adjudicators, become the arena where individuals can contest decisions made by immigration officers. This process ensures a legal pathway for applicants who believe their cases merit further review and consideration.
In essence, the UK’s immigration system is not only robust but also nuanced, reflecting the evolving nature of global migration. Today, as we explore the intricacies of immigration practice, let us keep in mind the dynamic legal framework that governs the UK’s immigration rules, acknowledging both its strengths and challenges.
As we broaden our understanding of immigration practices, it’s crucial to shine a light on the application processes, particularly within the context of Sri Lankan embassies, notably those in the UK and other Western countries. These embassies play a pivotal role in managing the inflow of applications, and it’s noteworthy to recognize the efforts made to regularize these processes.
In Sri Lankan embassies, especially in key locations like the UK, a structured application process is in place. What sets this apart is the delegation of certain tasks to specific companies, introducing a level of efficiency and specialization. For instance, when it comes to UK visa applications, the process is streamlined, often involving online platforms. Skilled immigration officers, stationed in Sri Lanka, oversee and guide the application procedures, ensuring a standardized and organized approach.
However, even within this regulated system, challenges persist. The significant outflux of immigrants has created a breeding ground for illegal immigration advisors who exploit the vulnerabilities of those seeking to migrate. Tragically, many fall victim to these unscrupulous individuals, often charged exorbitant fees for visa applications. This exploitative practice can lead to devastating consequences, with families and individuals finding themselves stranded in the UK, facing uncertainty and hardship.
As we discuss immigration practices, let us not only acknowledge the strides made in formalizing application processes but also confront the harsh realities of illegal immigration advisors preying on the aspirations of those seeking a better life. It is imperative that we work collectively to address these challenges, ensuring that the path to immigration remains fair, transparent, and just for all.
Allow me to shed light on the mission of the Immigration Practitioners Association (IPA), an organization dedicated to safeguarding the rights of innocent civilians, streamlining immigration practices, and fostering public and immigrant education. The IPA stands as a bulwark against potential exploitation, working tirelessly to provide protection to both prospective immigrants and consultants alike.
In a world where the pursuit of a better life often leads individuals to navigate complex immigration systems, the IPA stands as a beacon of support. By advocating for the regularization of immigration practices, the association seeks to create an environment where fairness, transparency, and justice prevail. This commitment extends beyond borders, aiming to uphold the rights and dignity of individuals embarking on their journey towards a new life.
One significant aspect of the IPA’s efforts lies in its dedication to educating both the public and immigrants. Knowledge is a powerful tool, and by imparting information on immigration rules, procedures, and potential pitfalls, the IPA empowers individuals to make informed decisions. This educational initiative not only benefits those seeking to migrate but also contributes to the overall understanding of immigration dynamics within the broader community.
It is essential to highlight that Sri Lanka’s immigration systems align closely with the rules and procedures of the United Kingdom, with a specific emphasis on visitor visas, especially for those aspiring to visit the UK. This alignment reflects a strategic approach to immigration, drawing from the experiences and expertise of a nation known for its well-established immigration practices.
In the pursuit of a new life on foreign soil, prospective immigrants face a myriad of challenges. It is essential, therefore, to equip ourselves with knowledge that will empower us to navigate the complexities of immigration. As aspiring immigrants, familiarity with immigration advisors, an understanding of potential questions from immigration officers, and a clear demonstration of the purpose of our visit become paramount.
Immigration advisors play a crucial role in this journey, offering guidance and support. It is crucial to choose advisors wisely, ensuring they are reputable, ethical, and well-versed in the intricacies of immigration law. By doing so, we not only safeguard our interests but also enhance our chances of a successful immigration process.
When engaging with immigration officers, a key aspect to anticipate is a series of questions probing the intent and purpose of our visit. Whether it be for educational pursuits, reuniting with family, or medical reasons, articulating the purpose clearly and truthfully is vital. Honesty and clarity in our responses contribute to building trust with immigration authorities, fostering a smoother and more transparent process.
Moreover, one critical criterion emphasized by immigration officers, particularly in the United Kingdom, is the ability to maintain oneself without recourse to public funds. This aspect underscores the importance of financial independence during one’s stay. Prospective immigrants must be prepared to demonstrate their financial stability and commitment to supporting themselves, a factor that significantly influences the outcome of the immigration process. By being informed, prepared, and conscientious, we pave the way for a more secure and prosperous future.
In our journey through the landscape of immigration, it becomes imperative to grasp the significance of public funds as well. These encompass social security, medical benefits, and various other forms of assistance available to citizens of the United Kingdom. As prospective immigrants, understanding our responsibilities in relation to public funds is crucial for a successful and ethical integration into a new society.
Public funds are resources allocated to support citizens in times of need. As immigrants, it is essential to be aware that access to these funds may be restricted, and our ability to maintain financial independence becomes pivotal. By comprehending these intricacies, we not only adhere to the regulations set forth but also contribute to a sustainable and responsible approach to immigration.
In this complex landscape, the role of immigration advisors is paramount. They are the navigators of this intricate journey, guiding and supporting individuals through the labyrinth of rules and regulations. It is imperative that these advisors embody qualities of honesty, dedication, and competence. Transparency in their dealings ensures that prospective immigrants are well-informed, enabling them to make decisions that align with their aspirations and the legal requirements of their chosen destination.
As I conclude this speech, it is essential to provide a concise overview of the Immigration Practitioners Association’s (IPA) obligations and its commitment to fostering knowledge through future seminars on various immigration topics.
The IPA’s mission is to educate and guide practitioners, instilling credibility through vigilant monitoring by a governing body of experts. By adhering to high standards, the IPA not only ensures the professional growth of practitioners but also contributes to the overall integrity of the immigration advisory profession.
A notable advantage for students and immigrants associated with the IPA is the direct access to UK solicitors. This access is a valuable resource, providing expert advice and assistance in addressing challenges such as visa refusals. This direct link to legal professionals enhances the support network available to individuals navigating the complexities of the immigration process.
The IPA, driven by a steadfast dedication to its mission, assumes significant responsibilities in the realm of immigration. Its primary obligations include safeguarding the rights and interests of innocent civilians, advocating for fair and transparent immigration practices, and educating both the public and immigrants on the intricacies of the immigration landscape.
Looking ahead, the IPA reaffirms its commitment to being a beacon of guidance and support for practitioners and individuals navigating the complexities of immigration. Through future seminars, the IPA will continue to provide a platform for in-depth discussions on a myriad of immigration topics. These seminars and workshops will serve as valuable forums where practitioners, immigrants, and the general public can expand their understanding, exchange insights, and stay abreast of the latest developments in immigration law and practice.
In essence, the IPA’s commitment is not confined to the present moment but extends into the future, ensuring a continuous flow of advice, information, and education. By staying true to its obligations and fostering an environment of knowledge-sharing, the IPA plays a vital role in shaping a responsible and informed approach to immigration.
As we move forward, let us carry with us the insights shared today – from understanding the dynamics of immigration law to the importance of responsible financial stewardship. Let us champion a culture where immigration advisors embody qualities of honesty, dedication, and
competence, ensuring the smooth navigation of individuals on their journey to new horizons. Thank you for your attention, and may the knowledge gained today serve as a compass guiding us towards a more informed and compassionate approach to immigration.