Deported, then returned to UK

[benak]

Hi there

I need some advice. My caretaker was deported from the uk 4 yrs ago after a failed asylum application but then returned 3 mths later. He was advised by a home office employee to wait until he has spent here another 3 years, after which he will be provided with a questionnaire to fill out with a fee and send to the homeoffice to notify them of his return and possibly make a fresh claim. Problem is it's now over 3 yrs since his return but we do not know what kind of questionnaire applies for yhis criteria, or if at all it exists.
Any advice will be appreciated[/img]

[Mr Rusty]

The "advice" you were given is utter drivel. It is open to anyone to make a fresh asylum claim at any time, he could have made one as soon as he returned. However, in such circumstances, the claim would normally be fast-tracked, and refused unless there was some compelling new reason for claiming.
If this person now comes forward and seeks to claim, his credibility is at absolute zero, because he did not take an early opportunity to put forward his case. He can hardly claim that he didn't know where to go or what to do.
If you are employing this person, you are liable to be prosecuted if this is discovered. Maybe you saw Liam Byrne's interview in The Times on Friday, saying they are going to throw out all the "illegal nannies", and punish their employers. It's not difficult to believe that they are going to pursue private employers as much as corporate ones, as individuals are likely to make easier targets.

[jimquk]

I have to agree with Mr Rusty. The fact of having remained for three years does not help but rather damages his claim. It is unlikely that a person in his situation would benefit from the current case resolution exercise. Any money paid in fees would be money downthe drain.

Having said all this, the person should go to a solicitor or other legal-aided advisor to see if there may be any other grounds for applying to stay here.

[benak]

Thanks for your advice
He currently has a 2yr old child with his British citizen partner, so is trying to explore ways of staying in the UK basing on that as well as a fresh claim for asylum. What are the chances?
Problem is that returning to his country with her and getting married and then return to the UK is a 50/50 chance as he may not be granted a spouse visa due to breach of imm laws.
Whatever the case he is trying to fight his case within the UK.

Any more suggestions?

[benak]

Also i forgot to mention,
he has during his 3 yrs here engaged in education and achieved qualifications in one of the skills the uk requires and also done some volunteer work.
Would this be an advantage?

[benak]

Hi
Pse does anyone have any suggestions?

[Mr Rusty]

There is one development since your original post which you may wish to take into consideration.
The new rules which were due to have been implemented on April 1st imposing a mandatory 10-year ban on illegal entrants from making a successful visa application have been postponed until 1st October.
This gives this person the option of returning to his own country and applying for the correct visa.
It's worth considering

[benak]

Thanx Mr Rusty
will certainly consider that. I hope there is no catch in that.

[jei2]

Benak, you don't say how you got back into the UK. If you came in on false documents, this might cause a problem for you, regardless of the October extension, in terms of proviing your identity. Unless of course you decide to return home and re-apply from there.

I'm still wondering how ECOs will be instructed in regards to overstayers given its current inherent position as a breach of the rules. Will there now be a two-tier approach to overstayers or will it simply be applied retrospectively?

[Mr Rusty]

One matter I overlooked in the original post, relating to the alleged advice by a home office employee that an application could be made after 3 years:-
You said this person was "deported" - so was he actually the subject of a Deportation Order, or was he just removed by the Immigration Service? Does he have a criminal record? If he was given a Deportation Order, then he would have to apply to have that lifted before making any application for a visa. The absolute minimum time is 3 years before an application to lift a DO will be considered, which might explain the alleged advice.

I'm sorry the penny didn't drop before. But if this person was "deported" and not just "removed" he has an additional difficulty. If he trots along to Croydon and says "Here I am, would you mind lifting that Deportation Order?" they'll throw the book at him. If he goes home, he's got an additional hurdle before he can make a visa application to join his family. But again, if he waits until 1st October, he might find he's out for 10 years.

[benak]

He was removed/deported after his asylum case was concluded.
Ps what is the difference between removal and deportation?
He has no criminal record, immigration detained and later deported him coz he was a failed asylum seeker.
He then returned on false documents and is still undecided on whether to make a fresh claim.

[Mr Rusty]

Deportation = A removal on a Deportation Order, which is signed by the Home Secretary, the Immigration Minister or the Chief Executive of the Border & Immigration Agency. A DO is normally raised where someone has incurred a prison sentence of at least one year (2 years for EEA Nationals). No-one can apply to re-enter the UK whilst a DO is in force.

Removal = Administrative removal by what used to be the Immigration Service, now the Border & Immigration Agency, on papers issued either by an Immigration Officer or a BIA Caseworker. Until the recent change in the Rules somebody who had been the subject of an admin removal was not automatically barred from seeking re-entry to the UK, or a visa, if they had a good enough reason to do so. From 1st October they probably will be.

From what you say, your guy was probably an admin removal, not a deportee. So I stand by my comments in my posts of last Sunday and Thursday.

[benak]

Thank you all for your advice.
Thank you Mr Rusty for the info.