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According to Liam Byrne's letter to ILPA and the UK borders entry guidelines, it is perfectly possible for a person issued with an IS151B to leave voluntarily, therefore being able to benefit from the concession. An IS151B is a decision to remove and not a removal order.transpondia wrote:Having read what's posted here, and now the refusal notice, what it actually boils down to is what you got served. If you got served an IS151B, then the ECO followed the rules by imposing the 10 year ban.
The only way to take advantage of the concession is if you left voluntarily or if you only got served an IS151A.
You only said IS151, but didn't say which flavor. That makes a big difference in accessing the concession.
I'vent got the notice on my hands so we phoned tne home office in Cardif and they said i was served with notice is151atranspondia wrote:Having read what's posted here, and now the refusal notice, what it actually boils down to is what you got served. If you got served an IS151B, then the ECO followed the rules by imposing the 10 year ban.
The only way to take advantage of the concession is if you left voluntarily or if you only got served an IS151A.
You only said IS151, but didn't say which flavor. That makes a big difference in accessing the concession.
Umm you go home voluntarily when you don't overstay or you are at the airport on your way out when they discover you. If someone has to come get you and ship you out, then you lose your opportunity to leave voluntarily. They don't have to ask you, after you overstayed, "would you like to leave now?" Also administrative removal is a nice way to say deportation, You were deported. Lastly, getting married is not humantarian grounds so I wouldn't get my hopes up. It is quite unfortunate since you only overstayed 6 months. So the punishment doens't fit the crime. Who ratted you out that they got immigration on you so fast?IRYNA wrote:I dont think its right. I was removed on 2d of april i didnt know about this new immigration law. I think nobody even immigration officer who took me or people who was there or even my solicitor didnt know. Because everybody was saying dont worry you go back home and you can apply for visa straight away.
Why nobody told me about this law why nobody ask me if i want to go home voluntarily?
Its wrong.
Me and boyfriend been together for 2 years in the uk we got engaged at Christmas 2008. We wanted to apply for leave to remain even went to solicitor to ask about it and started to put all documents together. But suddenly smth terrible happened his mother got ill really badly and sometime later she pass away. We drop everything and he was so upset. We left everything. And then somebody reported on me to immigrations and i was taking away. I cant explain the way we feel. its not fair to us. we just want to be together
Anyway we getting married in my country and try to get the spouse visa.
http://www.ukvisas.gov.uk/en/ecg/chapter26/#point%20six
Under part 26.17.4.
it says
You must not refuse an applicant under 320(7B) if: the applicant has raised human rights issues ( in particular right to family life under Article which would justify issuing the entry clearance;
IRYNA, all hope is not lost. Just because you were refused entry clearance and banned for 10 years doesn't necessarily mean it will be so. I think you should submit an appeal and prepare a very strong case to go to the AIT on article 8 and any other ECHR grounds if applicable.IRYNA wrote:I dont think its right. I was removed on 2d of april i didnt know about this new immigration law. I think nobody even immigration officer who took me or people who was there or even my solicitor didnt know. Because everybody was saying dont worry you go back home and you can apply for visa straight away.
Why nobody told me about this law why nobody ask me if i want to go home voluntarily?
Its wrong.
Me and boyfriend been together for 2 years in the uk we got engaged at Christmas 2008. We wanted to apply for leave to remain even went to solicitor to ask about it and started to put all documents together. But suddenly smth terrible happened his mother got ill really badly and sometime later she pass away. We drop everything and he was so upset. We left everything. And then somebody reported on me to immigrations and i was taking away. I cant explain the way we feel. its not fair to us. we just want to be together
Anyway we getting married in my country and try to get the spouse visa.
http://www.ukvisas.gov.uk/en/ecg/chapter26/#point%20six
Under part 26.17.4.
it says
You must not refuse an applicant under 320(7B) if: the applicant has raised human rights issues ( in particular right to family life under Article which would justify issuing the entry clearance;
jei2 wrote:aka189
Much obliged.
I note that Liam Byrne's letter to ILPA states:
"I can confirm that for the purposes of the consession it is the date on which the applicant leaves the UK that is relevant. Provided he or she leaves between 17 March and 1 October, it does not matter when he or she applies to come back."
So my concerns about whether immigration officials are following this guidance still stands.
But the good news here is that an individual who has overstayed could make an application for entry clearance after 1 October 2008, provided they left within the relevant period.
Twin wrote:IRYNA, all hope is not lost. Just because you were refused entry clearance and banned for 10 years doesn't necessarily mean it will be so. I think you should submit an appeal and prepare a very strong case to go to the AIT on article 8 and any other ECHR grounds if applicable.IRYNA wrote:I dont think its right. I was removed on 2d of april i didnt know about this new immigration law. I think nobody even immigration officer who took me or people who was there or even my solicitor didnt know. Because everybody was saying dont worry you go back home and you can apply for visa straight away.
Why nobody told me about this law why nobody ask me if i want to go home voluntarily?
Its wrong.
Me and boyfriend been together for 2 years in the uk we got engaged at Christmas 2008. We wanted to apply for leave to remain even went to solicitor to ask about it and started to put all documents together. But suddenly smth terrible happened his mother got ill really badly and sometime later she pass away. We drop everything and he was so upset. We left everything. And then somebody reported on me to immigrations and i was taking away. I cant explain the way we feel. its not fair to us. we just want to be together
Anyway we getting married in my country and try to get the spouse visa.
http://www.ukvisas.gov.uk/en/ecg/chapter26/#point%20six
Under part 26.17.4.
it says
You must not refuse an applicant under 320(7B) if: the applicant has raised human rights issues ( in particular right to family life under Article which would justify issuing the entry clearance;
I am not saying this would be easy but if you have good enough grounds, then you might succeed. Basically, all hope is not lost.
No You can make your application before 1 October.blessedlady wrote:jei2
You mean entry clearance application should be lodge AFTER 01 October??? or can anybody possibly lodge application before that??(country of origin). I will go back on July 25, already bought a ticket, just waiting for my child to finish the school term.
If he is already detained he will be returned as an administrative removal, which will get him the mandatory refusal ban. The only way to stop that happening is to legally stop the removal allowing him to be released pending some other appeal / legal recourse. Then return home before the appeal / JR is heard.Hollie-Lee wrote:My boyfriend is in a prison only as a detainee because there is no space in a detention centre. He has been told he is going to be removed. I want to act quickly, so he can leave voluntarily at his own expense. How do I do this? please help! I dont think I have much time left as he has already been held 11 days.