SERVED with S.40 after 13&1/2 years.Do I stand a chance

[albanianrefugee]

Dear all

I was born in Albania but when I came to the UK in January 1997 I pretended to be from Kosovo. I was granted ILR in 1999 and citizenship in 2003. I sponsored my mother to come here recently in Albania. She submited my birth certificate and family certificate and was refused visa. She was told that I would be served with s.40 notice and my citizenship taken away.

I've been here for 13 1/2 years. I understand that 14 years long residence applies and Article 8 of ECoHR may be engaged. I have 2 kids born here. Does anyone know how strict is the HO when they apply the long residence exclusion? How prompt are they to serve s.40 notice because I might just manage to get to January?! I have no criminal convictions and I have been in employment and studying during the whole period.

Thank you in advance

A

[damienronnie]

...you'r in deep trouble my friend. They will serve you within 1 week and a hearing will be arrange within a month from then. Try your best not to accept service and hide in Wales until January, then JR them for under Art 8 (...if you're lucky enough not to have your wife served with the same notice)....and start saving some money now as you'll need it when you're deported!!!!!!!!good luck mate

[mochyn]

Dear all

I was born in Albania but when I came to the UK in January 1997 I pretended to be from Kosovo. I was granted ILR in 1999 and citizenship in 2003. I sponsored my mother to come here recently in Albania. She submited my birth certificate and family certificate and was refused visa. She was told that I would be served with s.40 notice and my citizenship taken away.

I've been here for 13 1/2 years. I understand that 14 years long residence applies and Article 8 of ECoHR may be engaged. I have 2 kids born here. Does anyone know how strict is the HO when they apply the long residence exclusion? How prompt are they to serve s.40 notice because I might just manage to get to January?! I have no criminal convictions and I have been in employment and studying during the whole period.

Thank you in advance

A

You were given Citizenship under deception and the Home Office will surely take it away from you, 14 years or not.
You committed a criminal offence on entry and you have no chance on fighing it

[PaperPusher]

Get legal advice, you are potentially looking at the following scenario:

Being deprived of British citizenship on the basis of getting it by using deception.
Having your ILR removed because you used deception to get that.
Getting prosecuted for getting leave and British citizenship through deception, if convicted that could mean a prison sentence.
Deportation procedure if you get a prison sentence.

Then you will have to go through the whole process of explaining why you should be allowed to stay in the UK.

The 14 year rules don't mean that everyone gets granted, particularly when there is such serious deception as in your case.

By the way, is this you using a different log in?

http://www.immigrationboards.com/viewtopic.php?t=60727

[albanianrefugee]

By the way Mochyn obviously you have no idea what you're taking about as the guidelines must be strictly followed by the immigration caseworkers unless it is an exceptional case. Therefore try not to come across so brute. If you have nothing constructive to say better shut up.

Thank you paperpusher. I took advice from two solicitors who are specilised in immigration and a barrister. They said that have tens of cases like mine and it is EXTREMELY unlikely that the HO comes after me. Why do you think I'm someone else?! This is anynimous anyway so why should I?! Thank you for the advice though.

[mochyn]

By the way Mochyn obviously you have no idea what you're taking about as the guidelines must be strictly followed by the immigration caseworkers unless it is an exceptional case. Therefore try not to come across so brute. If you have nothing constructive to say better shut up.

Thank you paperpusher. I took advice from two solicitors who are specilised in immigration and a barrister. They said that have tens of cases like mine and it is EXTREMELY unlikely that the HO comes after me. Why do you think I'm someone else?! This is anynimous anyway so why should I?! Thank you for the advice though.

If you have advice from professionals then why come on here for free advice

[albanianrefugee]

Mochyn I did not come here for advice but to find out whether someone has been in the same situation because professionals' advice does not mean that they are always right. I would trust more someone who has experienced the same. I am sorry for being too harsh on you in my previous email but I really thought you were simply making a statement rather than saying something constructive!

[Wanderer]

You should read this;

http://freemovement.wordpress.com/2009/ ... g-officer/

[albanianrefugee]

I did consider this case but that case is totally different. The guy wanted to bring his spouse to the UK whether I wanted to bring my mum for a week. This is not the issue though!!!!

I have been married for 7 years and my wife is british/albanian from albania. I have 2 sons born here and I've never received benefits. There's no way a judge would send me back no matter what (...no criminal convictions by the way). I have been in this country 13 years and 7 months now and it will take the HO at least 10 months to serve me with the notice so by than I would satisfy the 14 year long residency.

The HO had numerous occasions to send me back. When I claimed to be from Kosovo the HO officer determined that I was from Albania but they did not send me home, I was never interviewed again. I submited my birth certificate to the British embassy in Tirana 7 times and my mum was grated visa. I put on the application for citizenship that I was from Albania but they did nothing. Theorically they can rely on the law to send me back but in practice no judge, taken into account all the circumstances, would make a deportation order.

Additionally, the guy you refer to was served with s.40 notice but that does not mean he has been sent away as I know many albanians have been served with the same notice but they still remain in the country, ...by the way the British citizenship is NOT taken away till the person is deported to his country so one employment status is not effected either.

Cheers

[damienronnie]

...I'm glad you sound so confident but they still can take it away! Plus, 14 years mean 14 years, not 13&1/2 and you're well below that. You say you may be able to reach January without being served, and then you would be home and dry, but still I would not be so sure!!! good luck

[PaperPusher]

If you did not lie on your citizenship application then you have nothing to worry about as far as citizenship goes.

If you were granted leave to remain as an Albanian rather than Kosovan, nothing to worry about there either.

[kiwigirl25]

I applied under the 14 year rule. One of the first things my solicitor asked me was "have you been served with any notices from the Home Office?". If my answer had been yes they would considered not taking my case as this would severely go against me. Once you are served notice the clock stops. If you receive this notice then you will not be eligible to apply under the 14 year rule.

Also I don't think the 14 year rule applies to people who have already gained ILR and citizenship but under deception. If you were to submit an application before you were served notice then this will remind them to serve you notice. They are not a stupid as they look, UKBA. Your details are on their system, for sure now. So they would know that you have already applied for ILR and citizenship and ask questions as to why you are applying again.

If you do manage to hold out for 14 years you going to have one hell of a fight on your hands and you are going to need an excellent solicitor. You don't need me to tell you this but you should have thought of all this before your mother handed in your original birth certificate. What made you think you could get away with producing a birth certificate which contradicted the nationality stated on your ILR and citizenship applications? You have no-one to blame but yourself. What goes around eventually comes around so your deception was going to catch up with you one day. Quite frankly you're in a lose-lose situation.

[albanianrefugee]

I don't know if you read my emails carefully but I already handed in my birth certificate on 7 occasions PREVIOUSLY and nothing happened to me. First time was in 2001, so why would they come after me now?!
As I said previously the HO guidelines suggest that they must pursue only cases which they are likely to win on appeal so before they come to me they must deal with hundreds of suspected terrorists, people who've been here for only a few years and so on. I don't think (or at least I hope) people with families and children already settled here would be a priority. I know will cost me to appeal but surely would cost them thousands in public funds which would be difficult to justify where they had numerous possibilities to go through this process years ago.

By the way, why did you apply under the 14 year rule?! Did you get your ILR by deception?!

[kiwigirl25]

I don't know if you read my emails carefully but I already handed in my birth certificate on 7 occasions PREVIOUSLY and nothing happened to me. First time was in 2001, so why would they come after me now?!
As I said previously the HO guidelines suggest that they must pursue only cases which they are likely to win on appeal so before they come to me they must deal with hundreds of suspected terrorists, people who've been here for only a few years and so on. I don't think (or at least I hope) people with families and children already settled here would be a priority. I know will cost me to appeal but surely would cost them thousands in public funds which would be difficult to justify where they had numerous possibilities to go through this process years ago.

By the way, why did you apply under the 14 year rule?! Did you get your ILR by deception?!

I must apologise, I did skip that particular post where you mentioned they have had numerous times to "catch" you.

Are you fool!?! They don't care about suspected terrorists or people who have only been here a few years. They are out to get whoever they can. There was a story about a Grandmother who lived locally to me. Been here long enough to have children and grandchildren born in the UK. They deported her!!

Did I get my ILR under deception? Erm, no because I am applying for it now. If you meant did I arrive in this country under deception the answer is no. I arrived here legally and declared my original place of birth. I'm what they class as an overstayer. I never lied about my true nationality or place of birth or any personal details. I have been in contact with the police as a victim of crime, as recently as 2 months before my ILR application and have never been questioned about my immigration status. I have spent the last few years waiting for that knock on the door. Each time the police have been at my place of work I assume it's for me. I didn't hold out until the 14 year mark, I didn't know this policy existed until I googled "illegal immigrant penalties". Someone great is looking over me and I think myself extremely lucky. For some reason my destiny is meant to be here and I don't know why that is.

Needless to say I don't agree with your actions. But given my status I'm definitely not one to judge

[albanianrefugee]

You may not agree with my actions but this is life I'm afraid. You had the right to come to this country on a visa whereas I did not. I came in the back of the lorry because I could not get a visa. I worked my socks off and studied at the same time for 14 years, so why should you be treated differetly?! I said I lied to stay here because I could not get back whereas you chose to stay here even though you could have had a perfectly normal life in your own country. When I came to the UK my country was in flames and it was every man for himself! Trust me anyone in my position would have done the same and I would do excatly the same thing over and over again. Don't you think I am that naive! Obviously you do not seem to know a lot about inngration (law and case law) as there was an Albanian girl in 2008 in the excact same position and the judge decided that it would not be fair to deport her whereas the Home Office had confirmed that in 2008 they had sent out 287 s.40 notices. Two years later I think I am in a much better position to argue my case as I won't even incur legal fees. The name of that lady if you want to google it is Elda Derri. I would suggest to you and to others that if you do not something for sure better stay way rather than spreading panic to other who might be in the same position.

[kiwigirl25]

You've over-reacted to my reply. I stated while I don't agree with your action I am NOT ONE to judge you.

Life deals us many savage blows and unfortunately you've reached one of these moments in life. I understand that you are scared but please do not take it out on others. You've asked for help on this board and people have given you advice. It's not what you want to hear but it's the truth. You came here illegally and had plenty of time to claim asylum. But you didn't. You will find there are not a lot of people in the UK who would not find your actions justified. Read the papers!!

Get youself a blimmin good decent solicitor, you'll need one to fight your case. At the end of the day it's only them that can help. We here can only offer advice through personal experience and/or knowledge of the immigration law. Please don't take your anger out on us We didn't serve the notice or make up the immigration law. Quite frankly your comments are becoming rude and unconsiderate. If you don't like what we say then leave this board. I'm sorry but I'm a tad p'd off with people coming on here stating how worthy they are of permanent residency or citizenship. I too think I am worthy. The only people who can make that decision are the Home Office. And I've realised that a long time ago and am awaiting their decision with very little patience. I daren't come on here shouting about my worthiness in fear of offending others. You, my good sir, have made a mistake, take responsibility, deal with it and get it resolved so that your family are able continue to live in peace and harmony.

Have you even received this alleged removal notice? Are you perhaps jumping the gun a bit?

[kiwigirl25]

-deleted-

[mochyn]

At the end of the day it is the Home Office that will deal with your case and they have guidelines to follow but will make a decision one way or another and they have a certain leeway.
What one ECO will refuse another will accept.

[mochyn]

kiwigirl25, sit down have a cuppa tea and relax.
Keep your pecker up, don't be disheartened

[kiwigirl25]

kiwigirl25, sit down have a cuppa tea and relax.
Keep your pecker up, don't be disheartened

My dear mochyn,

I'm a fool. I know better to let moments like these get me down. It's simply disheartening when you attempt to help someone and in return they attack you. I'm just a wee kiwi girl trying to make the world right

[mochyn]

kiwigirl25,its only natural you feel like this and I think you will always feel this way until your immigration status is normalised.
You should take heart from the fact that you have complied with the HO rules and as you said you must have friends in high places who want you here.

[kiwigirl25]

kiwigirl25,its only natural you feel like this and I think you will always feel this way until your immigration status is normalised.
You should take heart from the fact that you have complied with the HO rules and as you said you must have friends in high places who want you here.

Anyways, it appears this guy is what is known as in the virtual world as a sock puppet. There's two similar very threads on the go, I confident that he is the same person but under a different user name. Both contributing to each thread goading others into responding negatively then going in for the attack.

[albanianrefugee]

kiwigirl25 I am sorry, I have overreacted and I take it back!!! I hope you understand how I feel and this is not because the HO have done smth, but because of the unknown!!!I should not have taken this on you.

No, they have not served me with the notice (yet), and they may as well never will. I guess my overreaction suggests that I am preparing myself for that dreadful moment,,,,, when everything collapses in from of your eyes. To be frank I can hardly sleep! I was aware that one day this would come back biting me in the backside and in a weird way I'm also glad it's happening so this will come to an end. Sorry again!!!!!!

[albanianrefugee]

"Anyways, it appears this guy is what is known as in the virtual world as a sock puppet. There's two similar very threads on the go, I confident that he is the same person but under a different user name. Both contributing to each thread goading others into responding negatively then going in for the attack."

...kiwigirl25....clearly the only puppet here is you as you have no clue what you're talking about, and stop being too clever and patronising pleaseeeeee!