Overstayer family . Any case ?

[skillipedia]

Some of my friends who has overstayed his work permit was caught recently and he is currently awaiting deportation. But as his son is at school and his daughter was born in the UK, he is thinking to file an asylum application.
My question is : can they build a case to regularise their status without going for asylum application?

Thank for any suggestion or help

[raina]

Can you please tell me how did he get caught?

[sakura]

Having children at school or born in the country isn't an asylum issue at all. Even with an asylum application it is likely to be rejected and the deportation order carried through (since the HO now expedites asylum cases). How old are his children and how long have they been in the country?

[skillipedia]

Thanks for your replies


They have been in the country for less than three years; the older son is 7 years old and the daughter is about two years old

[sakura]

In that case there's no policy they can use to remain in the country. They will have to leave the country, whether by a deportation order or on their own accord.

[raina]

Was he caught when he went to Home Office?

[Frontier Mole]

If he files an asylum application the following will happen:

It will fail and he will still get removed with his children / family.
It will be seen as a way to frustrate the immigration system and he will get a mandatory 10 year ban if removed at public expense.
At worst it will be seen as deception and no matter how he gets home he will get a 10 year mandatory ban.

The best thing he can do is buy a ticket and go home and re-apply for entry with another work permit.

[papa21]

Frontier mole i thought it was a 1yr ban for deception commited in the uk and 10yr ban for deception in an entry clearance application. or am i wrong check this out 26.17.2 What immigration rule covers people who have previously breached the UK's immigration laws?
From 1 April 2008, under Paragraph 320(7B) of the immigration rules an applicant must have their entry clearance application refused if they used Deception (Please read paragraph 16.2 above) in an entry clearance application within the previous ten years.
In addition, an applicant must have their application automatically refused if they:
sought leave to enter or remain by deception, were an illegal entrant overstayed for more than 28 days (or any period if they left at public expense- including through an Assisted Voluntary Return or similar programme) or breached their conditions of stay (e.g. worked illegally). Where the above conditions are met, applications must be refused for the following periods from the date the applicant left the UK:
1 year if they left the UK voluntarily, and not at public expense, 5 years if they left the UK voluntarily, at public expense (e.g. received an Assisted Voluntary Return), 10 years if they were removed or deported from the UK. Also check out the refusal wording 26.16.16 - Refusal wordings
You have applied for...
Use of deception in previous entry clearance application

You were refused entry clearance for using deception by [explain] on [insert date] (refusal notice attached).[I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [10 years after the previous refusal- i.e. the application in which deception was used]
Use of deception in previous leave to enter or remain application
You were refused [leave to enter/leave to remain] for using deception by [explain] on [insert date] (refusal notice attached).[I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [depends on how applicant was removed] after the previous refusal- i.e. the application in which deception was used]
Breach of UK immigration laws
You have [been in the UK illegally, breached your conditions of stay, overstayed/used deception in an application for leave to enter or remain] and [left the UK voluntarily at own/public expense on…][ was removed/deported from UK on……].
I am therefore refusing you entry clearance under paragraph 320(7B) of the immigration rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320(7B) of the immigration rules until [1, 5 or 10 years after the applicant left the UK]

[Frontier Mole]

Deception = 10 year ban no matter where or when or to what part of UKBA.

Removed at public expense = 10 year ban from date removed from the UK

[William Blake]

In that case there's no policy they can use to remain in the country. They will have to leave the country, whether by a deportation order or on their own accord.

What about human rights judicial review to the high court?

[Frontier Mole]

Who in their right mind is going to go for JR on Human Rights for a WP overstayer. Get real!!

In any event what Human Rights? - "I came to the UK I should be allowed to stay cause I got family you know?" Do not think so

Of course if you will send them a cheque for about £5K so they can get the JR thrown out at the first stage I am sure they will have a go.

Did they even appeal the administrative removal?

[Twin]

Who in their right mind is going to go for JR on Human Rights for a WP overstayer. Get real!!

In any event what Human Rights? - "I came to the UK I should be allowed to stay cause I got family you know?" Do not think so

Of course if you will send them a cheque for about £5K so they can get the JR thrown out at the first stage I am sure they will have a go.

Did they even appeal the administrative removal?

Were you SYH by any chance?

[paulp]

We do need to be realistic here. JR is very expensive and has virtually no chance of success in this case.

[Frontier Mole]

SYH - took me ages to work out what SYH was - searched forum for a clue then realised it was a forum name tag. Sorry to disappoint you, I am not the same individual.

I have the misfortune of dealing with a multitude of immigration matters in my daily grind. The number of nonsense claims, no hope applications and nothing more than desperate appeals trotted out by immigration advisors and professionals alike never ceases to amaze me.

Immigration is treated like some dark art, people do not readily understand it and it is seemingly cloaked in mystery. This leads to a dependency on a group of practitioners not all noted for their skill, knowledge or honesty. Hence this forum exists to unveil the secrets and mysteries. That gives rise to different types of forum members.

There are two main individuals - those that ask and those that answer.

Those that answer are a broad slice of the population.

Some offer sympathy and support.
Some offer experience.
Some offer advice and or solutions.
Some offer direction and pointers to find information.
Some offer insight to the legal workings of immigration.

I reply when I feel I can offer added value to the posting. This might not be seen as added value when I say there is not a hope or the chances are nil or get real. If you examine my posts I hold a pragmatic stance based on working in the "industry" for 5 years.

There are a fair few on the forum who are clutching at straws and need to face up to the reality of their situation. At least if they are fore warned they are fore armed.

There are a number of things I struggle with in the context of the forum:
Those that give poor advice based on little or no research usually mixed with a flawed thought process.
The giving of desperate advice / measures glibly bestowed on desperate people giving them false hope and expectations.
The general view of some that it is acceptable to deceive, lie and cheat to achieve their immigration aims. This goes in hand with accepting the rule of law.

If you have a problem with any of the above pass on your thoughts to Admin. I am sure they will let me know if my views and posts are unacceptable to the forum.

[Twin]

SYH - took me ages to work out what SYH was - searched forum for a clue then realised it was a forum name tag. Sorry to disappoint you, I am not the same individual.

I have the misfortune of dealing with a multitude of immigration matters in my daily grind. The number of nonsense claims, no hope applications and nothing more than desperate appeals trotted out by immigration advisors and professionals alike never ceases to amaze me.

Immigration is treated like some dark art, people do not readily understand it and it is seemingly cloaked in mystery. This leads to a dependency on a group of practitioners not all noted for their skill, knowledge or honesty. Hence this forum exists to unveil the secrets and mysteries. That gives rise to different types of forum members.

There are two main individuals - those that ask and those that answer.

Those that answer are a broad slice of the population.

Some offer sympathy and support.
Some offer experience.
Some offer advice and or solutions.
Some offer direction and pointers to find information.
Some offer insight to the legal workings of immigration.

I reply when I feel I can offer added value to the posting. This might not be seen as added value when I say there is not a hope or the chances are nil or get real. If you examine my posts I hold a pragmatic stance based on working in the "industry" for 5 years.

There are a fair few on the forum who are clutching at straws and need to face up to the reality of their situation. At least if they are fore warned they are fore armed.

There are a number of things I struggle with in the context of the forum:
Those that give poor advice based on little or no research usually mixed with a flawed thought process.
The giving of desperate advice / measures glibly bestowed on desperate people giving them false hope and expectations.
The general view of some that it is acceptable to deceive, lie and cheat to achieve their immigration aims. This goes in hand with accepting the rule of law.

If you have a problem with any of the above pass on your thoughts to Admin. I am sure they will let me know if my views and posts are unacceptable to the forum.

It's okay, I don't doubt you, except some of your blatant and sometimes insensitive comments made me wonder if you could be an ex member.

You give valid advise as i'm sure others would agree but I can't help feeling that you could be a little insensitive atimes but now that you've given us a little insight into what you do and your experiences, I somewhat understand a little better.

[Siggi]

The problem Twin has, is that he/she always wants the better pill sugar coated and as Frontier Mole has pointed out he is very pragmatic about his answers. Which I think is fair and honest.

As for SYH, well, he/she was just blatantly rude, and nothing like Frontier Mole!

[Twin]

The problem Twin has, is that he/she always wants the better pill sugar coated and as Frontier Mole has pointed out he is very pragmatic about his answers. Which I think is fair and honest.

As for SYH, well, he/she was just blatantly rude, and nothing like Frontier Mole!

Aside your day job, are you are a mind reader on the side?

Don't ever speak for me again, okay!?

[Siggi]

Yes that the type of reply I expected from you! Twin

[Twin]

Yes that the type of reply I expected from you! Twin

...then i'm glad we're clear!!

[William Blake]

Listen mate don't mind all that.

If you are desperate then so be it. Of course consider the merits of your case because your merits will be tested at the first hurdle. It will also depend on why he overstayed, how he came to be an overstayer and what his intention was.

The legal option that is available is a JR route. Your barristers can better assess the full merits of your case. But I know of instances where this has occurred. Person detained they go for JR to high court to have the merits of their case tested while claiming their humqn rights are being violated. In instances the person has been released pending the outcome to the case. Of course consider your chances of success but depending on the details of your case, compassionate circumstance tec. it may be possible to make it throdght his.

I felt it necessary to let you know this rather than just telling you to leave the country.

[shakal]

Was he caught when he went to Home Office?

I was caught when i am driving on motor way.
Thank you

[shakal]

In that case there's no policy they can use to remain in the country. They will have to leave the country, whether by a deportation order or on their own accord.

What about human rights judicial review to the high court?

Thank you for your reply, sorry for late reply.

[jilly cooper]

Hi. I am extremely sympathetic with your problem. I thought mine is already worst. I hope the ordeal, especially with your children, is short lived.

Try to read and understand the link below. It is something that might help you in terms of your rights and the procedure.

http://www.ncadc.org.uk/resources/familyremovals.html

As you have kids, check the website below. Again, try to read and understand things. Its because I did not read and understand things that's why I am slo in trouble. When you click the link below, click the word PUBLICATIONS, scroll down and click the 'Child first, migrant second: Ensuring that every child matters'

http://www.ilpa.org.uk/

I wish you all the best especially the children. God knows it must be distressing.

Good luck!

[shakal]

Hi. I am extremely sympathetic with your problem. I thought mine is already worst. I hope the ordeal, especially with your children, is short lived.

Try to read and understand the link below. It is something that might help you in terms of your rights and the procedure.

http://www.ncadc.org.uk/resources/familyremovals.html

As you have kids, check the website below. Again, try to read and understand things. Its because I did not read and understand things that's why I am slo in trouble. When you click the link below, click the word PUBLICATIONS, scroll down and click the 'Child first, migrant second: Ensuring that every child matters'

http://www.ilpa.org.uk/

I wish you all the best especially the children. God knows it must be distressing.

Good luck!

Thank you for your advice and time.

[jei2]

Frontier Mole,

I think you are undoubtedly harsh in some cases and come across as if you don't give a damn. Exasperation I guess - I can relate to that.

However sometimes you have to look at the situation that people find themselves in.

If the UK economy came down to bread and butter- or worse still bread or butter, civil war etc, many British citizens would have no compunction in trying to make their lives better elsewhere in the same way that some people here have.

Quite often people think a good adviser is one who has a solution that they want to hear - ie a quick guaranteed fix-it. That's why so many pay out thousands, and then end on a forum like this bawling their eyes out.

Even then they don't want to hear the advice that sounds bad. One can only keep trying to get the message accross. In this case I agree with you. Unless this individual can provide some stronger background evidence about their case, there really isn't any chance of being granted leave to remain.