Administrative removal

[RAJ2007]

Could someone tell me what is administrative removal and what at stage of the appeal procedure this is issued?

Once issued within how many days someone needs to leave the country. Also, if some doesn't , what happens then?

Also, is deportation order and administrative removal same?

[avjones]

No, they aren't the same thing at all. If a deportation order is made, the person subject to it can't come back to the UK for ages, usually 5 years or so, even as a spouse etc. That isn't true for a removal.

[RAJ2007]

any idea of the first two question i asked.

[Jeff Albright]

any idea of the first two question i asked.

I suggest you first thank the person who took her time to reply to your second question.

Administrative removal will only take place if:

- You are rejected and do not appeal within the timeframe without a sound reason
- Your appeal is dismissed and you do not apply for review or your rights of appeal have been exhausted.
- You are rejected and there is no right of incountry appeal under the Immigration Rules

[IMMIGRATION LAWYER]

Normally you cannot appeal against an administrative removal, apart from very limited and exceptional cases.

You can lodge a visa application once being removed.

An administrative removal is an assisted return home at the cost of British taxpayers.

If you can buy a ticket yourself it would be better, as you could say next time at teh Embassy that no funds were wasted on your removal.

You can read about the removal here: http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

[avjones]

any idea of the first two question i asked.

My pleasure, don't mention it.

Oh, you didn't.....

[RAJ2007]

Thank you everyone.

If someone completes 14 yrs stay, but has been issued an removal before. Would that person be able to get ILR? Or does clock stops when a removal notice is issued?

[avjones]

The clock stops.

[RAJ2007]

It the clock stops, then how do poeple qualify for 14yrs stay (ILR). As I understand if soemone overstays or illegal and stay for 14yrs quailfy for ILR.

Also, is there any time scale mentioned on Administrative removal. e.g. a specific date by when a person should leave the UK.

[Administrator]

.

You need to read through this :

http://www.ind.homeoffice.gov.uk/documents/oemsectionb/

This is also a relevant page:

http://www.ind.homeoffice.gov.uk/lawand ... les/part13

Do a search for "administrative removal" at the top of that page and you will get a search results page with several dozen links, several of which are relevant to your inquiry.

After reading through some of that, to get a more complete answer to your questions here, you need to provide some more details, such as the exact form served (IS151A Part 2 or IS151B, for examples) and the reasons why the Administrative Removal has been issued.


The "clock stops" also means that all previous legal entry into the country has been invalidated.

If you are allowed back into the country, the clock starts again from zero. Administrative removal is deliberately used to interrupt continuous residency and prevent it from being used.

If you've been removed for illegal entry &/or overstaying, reentry into the country should be by legal routes. A person re-entering illegally after an Administrative Removal is VERY unlikely to be granted any leave to remain after any time.

There have been very significant changes to the laws during & after 2006. What people could get away with before then doesn't generally apply to what they can/can't do today.

the Admin

[tasha75]

The clock stops.

Does it still stop if the person appeals and the appeal is allowed?
Thank you

[avjones]

That isn't relevant, as you would have another form of leave.

[tasha75]

That isn't relevant, as you would have another form of leave.

Thank you. But say the person was living here for 11 years, then was issued with removal notice, appealed and subsequently granted DLR for 3 years.
At the end of 3 years s/he won't qualify for ILR on the basis of DLR as you need 6 years of DLR before you can do that. Would the person be eligible to apply for ILR on the basis of long residence (14 years), or when the removal direction were issued the clock stopped (at 11 years)?

[Administrator]

.

tasha --

This is pure speculation since you've posed a pretty convoluted, hypothetical circumstance.

But, THEORETICALLY, if the appeal was recognized, then TECHNICALLY the Administrative Removal is considered to not apply to a case. It would be effectively canceled or (even better) annulled.

I imagine there is quite some room for interpretation based upon the merits of such a case, so it would likely have to be decided uniquely, perhaps even in a court room and be a precedent-setting decision.

It SHOULD be a valid argument that, without a valid Administrative Removal order, then the "clock" can't be "stopped" or interrupted.


Now, taking it a step even further ... upon reaching the 14 year mark, nothing stops a person from APPLYING for the ILR.

Would it be granted ...? I can't answer. It might be open to interpretation, and specific conditions of holding a visa may or may not allow it, depending on the visa.

However, it should not HARM a person to APPLY ... the application might be declined, but the DLR (for your example) should remain in place and then allow the individual to apply again in three more years.

I can also imagine getting an HSMP instead of a DLR (or perhaps even after obtaining a DLR) and going through the same dilemma, as alternate examples.


It is a very complex hypothetical with a lot of variables, not only in law but in interpretation by various individuals during the process.

I don't think a definite answer is possible, especially if it is three years from now.

A lot can change before then.

the Admin

[tasha75]

.
This is pure speculation since you've posed a pretty convoluted, hypothetical circumstance.

Thank you for the reply.
It was something I read on another forum that got me interested. A guy was refused asylum, he then appealed on Human rights and has been waiting for his hearing for 2 years now. He has so far spent 12 years in UK.
So yes, it was a hypothetical situation, as I don't know if he was served with IS151 and (suppose) he will be granted DLR following his appeal.

[Jeff Albright]

.
It SHOULD be a valid argument that, without a valid Administrative Removal order, then the "clock" can't be "stopped" or interrupted.

Admin, I am sorry, disagree with you. Clocks stop when an enforcement action is initiated. Some people have spend here several years after that without being removed. But their clock was stopped with the enforcement action.
The question is: If the person wins an appeal, does the time spent BETWEEN the commencement of former enforcement action, now being annulled, and the time of determination of appeal COUNT towards LEGAL residence?? Does it count towards the qualifying period for 14 year rule?
I honestly do not know!