Detention by the UKBA ???

[itiz]

hi guys,
I was served a removal notice in error and asked to report to the local police station. The UKBA claimed I had no outstanding application with them, I requested the lady who served me to speak to her supervisor who was aggressive and kept talking over me, saying I am an over stayer.

A few days later when they realized it was in error they ( Two military dressed officers in bullet proof and all sorts of battle gear ) said verbally actions will be suspended until they re-visit their records but after that enforcement action will continue, against me.

I have a daughter who will be 6, in november born in the UK,and her mum was refused her TIER 1 work permit renewal and appealing it. But we divorced 2 years ago and dont communicate.

What happens if I get detained and what are the procedures and solutions to it ? Kindly advise on this



many thanks
I

[peppekalle]

Have you been served a removal notice or been served with notice saying you are liable to detention?The removal notice will give you details of the flight you they have booked you in.

If you get detained you will be removed within 3 days unless you file an appeal while you are locked up.Even after filing an appeal you may still be locked up and you will need to ask for bail which may or may not be granted.

Make your lawyer your best friend till you get your status sorted.If they take you to the removal centre you will be interviewed by UKBA within 24 hours and they will ask you is there any reason you cannot go back to your country?The aim of the question is to determine whether they need to book security guards to escort you out of the country.

http://www.no-deportations.org.uk/Resou ... uMust.html

[itiz]

The notice had 3 papers.Two of them had headers with IS.151A and the 3rd was a directive to report weekly to the local police station.



1. NOTICE TO A PERSON LIABLE TO REMOVAL ( Illegal entrants and section 10 administrative removal cases )

2. NOTICE OF IMMIGRATION DECISION, In complaiance with the immigration (Notices) REgulations 2003 made under section 105 of the Nationality, Immigration and Asylum act 2002.

DECISION TO REMOVE AND ILLEGAL ENTRANT/PERSON SUBJECT TO ADMINISTRATIVE REMOVAL UNDER SECTION 10 OF THE IMMIGRATION AND ASSYLUM ACT 1999

3. IMMIGRATION ACT 1971 - NOTIFICATION OF TEMPORARY ADMISSION TO A PERSON WHO IS LIABLE TO BE DETAINED.

[itiz]

Have you been served a removal notice or been served with notice saying you are liable to detention?The removal notice will give you details of the flight you they have booked you in.

No, flight details were given and I was told to reside at my self rented address till further notice

If you get detained you will be removed within 3 days unless you file an appeal while you are locked up.Even after filing an appeal you may still be locked up and you will need to ask for bail which may or may not be granted.

If bail is refused ? what happens to my daughter who resides with my estranged wife ? Who will be 6 this november ?

Make your lawyer your best friend till you get your status sorted.If they take you to the removal centre you will be interviewed by UKBA within 24 hours and they will ask you is there any reason you cannot go back to your country?The aim of the question is to determine whether they need to book security guards to escort you out of the country.

HOw do you make a lawyer your best frined ? even if I paid a barrister's £200 initial consultation, or whatever they demand, it doesnt me they would be thinking about me ???

Will the interview be with or without a solicitors being present ?

[peppekalle]

If bail is refused ? what happens to my daughter who resides with my estranged wife ? Who will be 6 this november ?

She will contnue to live with your wife.

HOw do you make a lawyer your best frined ? even if I paid a barrister's £200 initial consultation, or whatever they demand, it doesnt me they would be thinking about me ???

Once you are locked it is extremely hard to find legal help you need someone now who will fight for you even when you are inside the removal centre.

The interview is just an assessment on whether you need to be escorted to your country.They will issue you with your removal notice after the interview.

The questions asked are basic eg have you been fed,given toiletry before they drop the bombshell.Your lawyer isnt normally present and i dont think you need one at that particular time.

If you are detained and have an appeal pending the chances of getting bail are much higher or you get representation or alternatively you can apply for bail through the chief immigration officer

[itiz]

If bail is refused ? what happens to my daughter who resides with my estranged wife ? Who will be 6 this november ?

She will contnue to live with your wife.

HOw do you make a lawyer your best frined ? even if I paid a barrister's £200 initial consultation, or whatever they demand, it doesnt me they would be thinking about me ???

Once you are locked it is extremely hard to find legal help you need someone now who will fight for you even when you are inside the removal centre.

The interview is just an assessment on whether you need to be escorted to your country.They will issue you with your removal notice after the interview.

The questions asked are basic eg have you been fed,given toiletry before they drop the bombshell.Your lawyer isnt normally present and i dont think you need one at that particular time.

If you are detained and have an appeal pending the chances of getting bail are much higher or you get representation or alternatively you can apply for bail through the chief immigration officer

Thanks

do you recommend a lawyer ? firm ? barrister ? and at this stage do I need one ? or wait till the outcome of my current application ?

[peppekalle]

http://www.immigrationboards.com/viewtopic.php?t=59933
I suggest get a lawyer now and retain their services till you get your status sorted if you delay you can never tell what might happen.

[odat]

If you get detained you can claim asylum tell them you can't go back because of dangers they will Release after first interview and then maybe they will look to your case on privet life in the uk

[Wanderer]

If you get detained you can claim asylum tell them you can't go back because of dangers they will Release after first interview and then maybe they will look to your case on privet life in the uk

You mean falsely claim asylum?

[odat]

If you get detained you can claim asylum tell them you can't go back because of dangers they will Release after first interview and then maybe they will look to your case on privet life in the uk

You mean falsely claim asylum?

no

[MPH80]

If you get detained you can claim asylum tell them you can't go back because of dangers they will Release after first interview and then maybe they will look to your case on privet life in the uk

You mean falsely claim asylum?

no

I am curious as to what basis you believe he can claim asylum on given your firm statement he can claim and not falsely claim.

It's worth noting that a claim of asylum might result in a fast track result to that asylum application and a quick exit from the UK - particularly when from a 'generally not considered for asylum' country.

Our individual here wouldn't be, by default, excluded from DFT given his family situation (https://www.gov.uk/government/uploads/s ... cesses.pdf) paragraph 2.3.1.

[odat]

I am curious as to what basis you believe he can claim asylum on given your firm statement he can claim and not falsely claim.

It's worth noting that a claim of asylum might result in a fast track result to that asylum application and a quick exit from the UK - particularly when from a 'generally not considered for asylum' country.

Our individual here wouldn't be, by default, excluded from DFT given his family situation (https://www.gov.uk/government/uploads/s ... cesses.pdf) paragraph 2.3.1.[/quote]


he said he cannot go back I thought maybe there is something dangers why he cannot go back to his country in this case he can claim asylum and that what is asylum for ?

[MPH80]

I don't believe I've read in any of our OPs posts that he can't go back - but that he doesn't want to be separated from his Daughter.

[toofan]

its better to have a solicitor if something goes wrong you have a solicitor .

[itiz]

Sorry this reply is late, I have been away.

I rather not apply for assylum, I would be lying if I did and read about the conditions of assylum which dont fit me

What surprises me about the whole situation is that, I ended up in my situation by an error by the HO, after they withdrew my application in 2010 without my knowledge and I have sought to rectify it according to the law, which has met unecessary delays.

Before I get a solicitor i thought it wise to get 3rd party opinion

Now I have a pending application with the HO and a removal notice ( served in error ), if the application is refused, what timeframe, from the refusal, would the HO act to detain or try to deport ? Just wondering ???

[peppekalle]

Sorry this reply is late, I have been away.

I rather not apply for assylum, I would be lying if I did and read about the conditions of assylum which dont fit me

What surprises me about the whole situation is that, I ended up in my situation by an error by the HO, after they withdrew my application in 2010 without my knowledge and I have sought to rectify it according to the law, which has met unecessary delays.

Before I get a solicitor i thought it wise to get 3rd party opinion

Now I have a pending application with the HO and a removal notice ( served in error ), if the application is refused, what timeframe, from the refusal, would the HO act to detain or try to deport ? Just wondering ???

There isnt a specific time frame but they could knock on your door anytime or even worse still personally hand you the refusal and take you to the removal centre.

[Obie]

If they have given you a Notice of Immigration notice and a removal notice, then it should have been accompanied with a right of appeal in country. You will be best advised yo exercise this, as it will be you best shot at putting your case to the Tribunal

[sakib123]

There isnt a specific time frame but they could knock on your door anytime or even worse still personally hand you the refusal and take you to the removal centre.

We were worried about this when we got the refusal letter from UKBA refusing my wifes leave to remain application due to not applying in time. My wife's application does not allow the right of appeal and she was told to leave. Our solictor calmed our fear by stating UKBA would not knock on our door or serve a removal notice as this would result in the right of appeal which they do not want us to have. He stated its nothing more than a scare tactic by UKBA. We are now appealing even though they stated we do not have the right of appeal.

If you are in the same boat as my wife with no right of appeal, rest assured they cannot remove you.