CAN AOverstayer serverd a DEPORTATION ORDER COME BACK TO UK

[sally12345]

Hiya All,

I am just wondering can an overstayer who gets served a deportation order come back to the Uk on a spouse visa?

for those of you who don’t know my history! I am really worried as my partner is a overstayer of 4 years, and wanting to return to his homeland with the intention of coming back to the UK on a spouse visa? (Which I now being refused on the basis of this I hear and read)

The problem is if he was served with a Order is he banned from the UK altogether? I heard many people say that if you get a deportation order you are banned for good!

we are not certain that he has this order as he moved address where the home office would have wrote to? not sure if we take that risk that he could never come back to us. Please help me I am confused!

Thanks All....

[paulp]

Your partner can make a Subject Access Request, under the Data Protection Act, to request a copy of his file from the home office. However, he will have to supply a return address. Another poster on this board has suggested doing a SAR through a sollicitor but I am not sure how much the lawyer/client confidentiality would protect him.

[VictoriaS]

He is unlikely to be servced with a deportation order for overstaying.

I don't see a point in a SAR, and I don't get the point of the comment about client confidentiality - why wouldn't he be protected?

Victoria

[paulp]

He is unlikely to be servced with a deportation order for overstaying.

I don't see a point in a SAR, and I don't get the point of the comment about client confidentiality - why wouldn't he be protected?

Victoria

Would the sollicitor be able to withold the address of the client from the home office?

[archigabe]

It seems sometimes overstayers be denied even their chances of appeal and just thrown out of the country. I cannot believe they use private contractors to kick people out of the country!
Fury over treatment of migrants

http://news.bbc.co.uk/2/hi/uk_news/politics/7093726.stm

There have been "glaring errors" in dealing with complaints about the treatment of immigrants being deported from the UK, a report says.

It criticises the denial of rights to those dealt with by private firms on behalf of the Immigration Service.

The Border and Immigration Agency's Complaints Audit Committee adds that "upwards of 20%" of records it has sought have been missing.

One man told the BBC he had been beaten up in a van by security guards.One asylum seeker, Apollo Okello, told the BBC he had been bundled onto a plane at Heathrow and refused permission to see his lawyer, with the security guards knowing he already had permission to stay in the UK.

He struggled and was beaten up in the back of a van, he said.

He added:" That's where I was punched - my ribs, my eyes, my neck, my back.

"I was crying, shouting, crying, shouting, then one of his colleagues was very, very aggressive to me...

"Told me that these black monkeys don't want to go back to their country."

[sally12345]

He is unlikely to be servced with a deportation order for overstaying.

I don't see a point in a SAR, and I don't get the point of the comment about client confidentiality - why wouldn't he be protected?

Victoria

Many thanks Victoria, for replying to my post. I also wanted to know if we leave the UK and my partner is stopped by officials at the airport upon departure and his passport is stamped with any negative remark such as overstayer illegal immigrant etc.

Could we apply for a new passport for him in his country or would ECO want to see old and new passports?

Thanks in advance

[VictoriaS]

He may well be noted as an overtstayer or issued with a removal notice, and this MUST be disclosed - to hide it is a far worse offense.

Paulp - Interesting question. If I wrote on behalf of a client asking for the SAR, this would be sent to me not the client. I suppose that I would not have to give the HO his address, but I would not be able to knowingly give a flase address and if asked I would have to give the address or stop representing.

Victoria

[sally12345]

He may well be noted as an overtstayer or issued with a removal notice, and this MUST be disclosed - to hide it is a far worse offense.

Paulp - Interesting question. If I wrote on behalf of a client asking for the SAR, this would be sent to me not the client. I suppose that I would not have to give the HO his address, but I would not be able to knowingly give a flase address and if asked I would have to give the address or stop representing.

Victoria

Again thanks Victoria for your help. I have just one last question if he does not get stopped at the airport? do we still have to declare when he left the UK? as there would be no negative remarks on his passort to show when he left/or would this be committing a offence?

Also as a overstayer will he be banned from the UK?
Thanks

[VictoriaS]

No, he won't be banned.

I can't advise you to lie on an application, and in my experience everyone gets caught eventually anyway.

Victoria

[INSIDER]

He may well be noted as an overtstayer or issued with a removal notice, and this MUST be disclosed - to hide it is a far worse offense.


Victoria

If a passenger is detected on departure as an overstayer no removal notice can or will be issued. The worst that will happen is that personal details will be recorded, including passport number and the length of overstay. When the overstayer applies for a visa or attempts to re-enter
the country, if a non-visa national, that is when his/her problems begin.

[VictoriaS]

I have had clients who were issues with an IS151 as they were exiting the country.

Victoria

[sally12345]

No, he won't be banned.

I can't advise you to lie on an application, and in my experience everyone gets caught eventually anyway.

Victoria

thankyou I understand that you cant advise me to lie. But I am just looking at every options?.

We have to go back and get things sorted ideally I want erything to be water tight. And Jamaica is the worse of them all!

Again Thanks Victoria

[sally12345]

I have had clients who were issues with an IS151 as they were exiting the country.

Victoria

Whats a IS151 Please?

[INSIDER]

An IS151 is an enforcement notice and would not be issued by port officers.

Victoria,

Would I not be correct in saying the IS151 was not issued to your client by Immigration Officers at port whilst the client was embarking of his/her own free will?

[sally12345]

An IS151 is an enforcement notice and would not be issued by port officers.

Victoria,

Would I not be correct in saying the IS151 was not issued to your client by Immigration Officers at port whilst the client was embarking of his/her own free will?

Thank you Insider,

I am deeply hurt.. now that ECO are refusing Spouse visas we have no hope. if he stays we watch our backs for god knows how long! if he goes back there's an uncertainly of him ever coming back to join us?

this is scary! BIGTIME!!!!!!!!!

[paulp]

Would I not be correct in saying the IS151 was not issued to your client by Immigration Officers at port whilst the client was embarking of his/her own free will?

Hasn't IS151 been issued to posters on the board during exit control before?

[VictoriaS]

Obviously I was not with my clients at the time, but I know of three overstayers who were issued with removal notices at the airport as they were about to embark for flights home. Carzy, but true.

Victoria