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Subject to administrative removal/ travelling to 3rd country

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Al1678
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Subject to administrative removal/ travelling to 3rd country

Post by Al1678 » Sat Nov 03, 2007 12:20 pm

Good Afternoon

I'm a long time lurker- ever since my wife and I started having problems with her papers- but this is my first post.

My wife has told she is subject to administrative removal and must leave- but has been given time to do so. We have agreed that we will leave, and I have got a good job arranged in Bahrain, with relocation etc thrown in.

The staff at Electric House in Croydon have stated she can only go to Jamaica when she leaves and we are faced with travelling from there to Bahrain. Now from reading various posts and information on the INDs website I would say this is wrong, for the following reasons.

1) IND's OEM 11.3 & 11.5 state that persons subject to administrative removal must be removed to " ... a country of which he is a national or citizen, or a country or territory to which there is reason to believe that he will be admitted."
2) Surely by saying that my wife cannot travel to another country they are limiting her right to travel in areas that they do NOT have any legal control of, or did someone make Britain world rulers when I wasn't looking? And isn't this ilegal under international law/ ECHR?

Is there a way to point this out to them in advance so I can flights arranged direct to Bahrain; or must we fly to Jamaica first- which is a real pain in the a**.

Any suggestions?

Thanks

Al
Any ideas

sakura
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Location: UK

Re: Subject to administrative removal/ travelling to 3rd cou

Post by sakura » Sat Nov 03, 2007 5:03 pm

Al1678 wrote:Good Afternoon

I'm a long time lurker- ever since my wife and I started having problems with her papers- but this is my first post.

My wife has told she is subject to administrative removal and must leave- but has been given time to do so. We have agreed that we will leave, and I have got a good job arranged in Bahrain, with relocation etc thrown in.

The staff at Electric House in Croydon have stated she can only go to Jamaica when she leaves and we are faced with travelling from there to Bahrain. Now from reading various posts and information on the INDs website I would say this is wrong, for the following reasons.

1) IND's OEM 11.3 & 11.5 state that persons subject to administrative removal must be removed to " ... a country of which he is a national or citizen, or a country or territory to which there is reason to believe that he will be admitted."
2) Surely by saying that my wife cannot travel to another country they are limiting her right to travel in areas that they do NOT have any legal control of, or did someone make Britain world rulers when I wasn't looking? And isn't this ilegal under international law/ ECHR?

Is there a way to point this out to them in advance so I can flights arranged direct to Bahrain; or must we fly to Jamaica first- which is a real pain in the a**.

Any suggestions?

Thanks

Al
Any ideas
Is she a national of Bahrain? If not, why should they accept a deportee?? I can imagine she might be able to ask to be sent there, but she doens't even have any right to enter the country (I doubt she can get entry clearance from here; she doesn't have any valid leave to remain and I can't see Bahrain accepting her deportation). They can't try to deport her and then she doesn't get admitted for whatever reasons!

So, she would have to return to the country of which she is a national, then apply from there, IMO.

As an aside...I think there may well have been cases where people were deported to other countries, but as a general rule you are deported to country of which you are a national.

paulp
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Re: Subject to administrative removal/ travelling to 3rd cou

Post by paulp » Sat Nov 03, 2007 8:45 pm

Sakura, the OP is asking about leaving of her own free will.

To the OP, have you already done your work/dependent visas for you and your wife?

sakura
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Location: UK

Re: Subject to administrative removal/ travelling to 3rd cou

Post by sakura » Sat Nov 03, 2007 9:20 pm

paulp wrote:Sakura, the OP is asking about leaving of her own free will.

To the OP, have you already done your work/dependent visas for you and your wife?
Well, that wasn't so obvious from his post...

paulp
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Re: Subject to administrative removal/ travelling to 3rd cou

Post by paulp » Sat Nov 03, 2007 9:24 pm

OP, can you also confirm that your wife's passport is still in her possession and not held by the home office?

jimquk
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Location: longsight manchester
United Kingdom

Post by jimquk » Sat Nov 03, 2007 9:26 pm

Surely the simple way around this is for her to get a visa for Bahrain. If they won't give her one, for example because she is here without status, then clearly that explains why the UK won't remove her there. On the other hand, if she can get such a visa, rather than be removed at all, she could just go as an ordinary passenger. If you can persuade Immigration that there is a realistic prospect of her going under her own steam to Bahrain, I would think they would give her more time if necessary.

Is she in possession of her passport?
The Refused are coming day-by-day nearer to freedom.

Al1678
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Joined: Sat Nov 03, 2007 12:02 pm
Location: London

Post by Al1678 » Sun Nov 04, 2007 1:18 am

Thanks for the responses.

Her passport is with the Home Office and Bahrain visas are issued on landing- but I do have confirmation from my new employer and the Bahraini government that the visas will be issued on arrival- mine as a work permit, hers as a residence permit linked to my work permit.

Hope this helps.

paulp
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Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Sun Nov 04, 2007 11:16 am

The home office has got the upper hand here and they may not want to take the risk, however small, that your wife may be flown back to the UK.

How hard would it be to bite the bullet and do a jamaica-bahrain trip?

Al1678
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Location: London

Post by Al1678 » Sun Nov 04, 2007 12:45 pm

While possible it's difficult- no direct flights to Bahrain from Jamaica, either via US- C1 Visa required- or Germany, then Dubai and then Bahrain. But it may well be the only option.

VictoriaS
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Post by VictoriaS » Mon Nov 05, 2007 4:03 pm

Have you looked into whether or not your wife would have any problems getting into Bahrain? Perhaps you should have a hypothetical conversation with the Embassy.

Btw, your wife is not a 'deportee', as some seem to think, it is not as bad as that.

Victoria
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Al1678
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Post by Al1678 » Mon Nov 05, 2007 4:39 pm

Good point. I have already spoken to my future employer and bcause I will be sponsored for a work permit my wife will get a spouse visa automatically.

VictoriaS
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Post by VictoriaS » Mon Nov 05, 2007 5:25 pm

Er..well...no, it's not automatic at all. But it's likely to be okay.

Victoria
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INSIDER
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Post by INSIDER » Tue Nov 06, 2007 12:02 am

As the Home Office holds your wife's passport and she is not guaranteed entry to Bahrain, despite what your prospective employer says(they are not the Bahraini immigration authorities) the only option would appear to be for her to make the trip to JA first.

immigration1
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Post by immigration1 » Tue Nov 06, 2007 9:07 am

I had a client in the past from Jamaica and they wanted to deport him (which is far worse than admin removal). We persuaded the HO to deport him to Belgium as all his close relatives were living there. Request was put in to the Belgium authorities and they accepted him. The UKIS agreed. So you never know with them. But I think this is an exception to the rule. I think your wife would have to go back to Jamaica first and then Bahrain...

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