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Thanks John... Yes he is a solicitor and not the OISC adviser (I checked with my cousin's parents) based in B'ham.... this is not just it, my cousin and his wife are both disabled and things are even more diffcult I feel absolutely gutted. Today any time the immigration official will tell the outcome of the review to my cousin's famliy.John wrote:bunty4ILR, a terrible experience! But when you say "Solicitor", do you really mean a Solicitor, or alternatively an OISC-Registered company?
I ask because I think you need to contact the regulatory body for that immigration adviser, and also ensure that he has adequate Professional Negligence Insurance.
bunty4ILR wrote:Hello all
I am asking this question on behalf of my cousin who was recently detained by the UKBA while he was attending an interview at the Jobcentre.
Previously he was on a student visa but last year he got married to a British Citizen. His spouse visa was applied through a solicitor in June this year before the expiry of his student visa and he was waiting for his flr_m visa.
Recently he went to Jobcentre to attend some interview (not for benefits purpose) and when he was asked about his immigration status he told them about his spouse visa application. The staff at the jobcentre rang immigration and later the immgration people came and arrested him. According to the immigration people they never received his application and now he is 3 months overstayer. This was the shocking news for him because the application was sent a long time ago....
He then asked the immigration staff if he could speak to his solicitor.... the solictor told the immigration that he (solicitor) went on holidays and completely forget to send his application.... Bad luck
Now immigration authorities are trying to remove my cousin and asking him to sign some paperwork. My cousin's wife has become an emotional wreck, completely broke..... we dont know what to do....... solicitor has now sent the application yesterday but my cousin is still detained.
Plz could you guyz suggest where to go from this point. My cousin and his parents in his country are now mentally prepared for his departation... but would it effect his future spouse visa application if he applies from his country.....
cheers
Thanx alot dearpeppekalle wrote:Your cousin does not have to co-operate in the documentation process and refusing to do so is not a reason for continued detention.There is a court ruling somewhere on bailii once i find it i will post it.It is up to UKBA to prove his nationality and if they dispute the authenticity the authenticity of the passport they can't remove him.
Has your cousin been visited by his wife?Make sure you visit him in detention?Has he applied for bail ?
Yes.... since day one his wife try to see him every day but they only let him see her once. yes he has applied for bail and we were told the CIO (senior officer) is looking into it but it may take weeks.
UKBA are skeptics they believe every document they are presented with must be fake especially they are trying to remove you.
Which detention center is your cousin being held at?I am shocked they took him to the embassy.The staff at the embassy come to the removal centers not the other way round unless he comes from one of those countries that don't co-operate with UKBA.
The one near Heathrow - I didn't manage to go myself but I am constantly in touch with his family.
Tell your cousin to sit tight he will eventually be released.
It's bizarre if they are still continuing with the solicitor who let them down before, or have instructed another one and don't trust him either. However, UKBA will divulge information to the subject of a case or his legal representative named on the file, but not to anybody else, so if your cousin wants to phone them to discuss his case he can do so.bunty4ILR wrote: Now my cousin's immigration solicitor has told him that he received a phone call from home office that they would not process his spouse visa application until they get the outcome of police investigation. My question is...... my cousin is not convicted of any crime (innocent until proven guilty) then why home office would not process his application? If the solicitor is just making this up then can my cousin contact the home office himself to get this confirmed?
Sorry for the long note and thanks in advance.
It is still an offence under Section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 not to cooperate with the re-documentation process.peppekalle wrote:Your cousin does not have to co-operate in the documentation process and refusing to do so is not a reason for continued detention.
It is my experience that it is the Embassies / High Commissions that are generally sceptical of documents provided as evidence of nationality. This is especially after certain governments have changed and the Embassy gets new staff.peppekalle wrote:UKBA are skeptics they believe every document they are presented with must be fake especially they are trying to remove you.
It varies from from country to country, although most Embassies prefer the person to go to the Embassy for the interview.peppekalle wrote:Which detention center is your cousin being held at?I am shocked they took him to the embassy.The staff at the embassy come to the removal centers not the other way round unless he comes from one of those countries that don't co-operate with UKBA.
GMacNab wrote:Sorry, Peppekalle, but a lot of the information you have given is inaccurate.
It is still an offence under Section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 not to cooperate with the re-documentation process.peppekalle wrote:Your cousin does not have to co-operate in the documentation process and refusing to do so is not a reason for continued detention.
http://www.ukba.homeoffice.gov.uk/sitec ... movals.pdf
It is my experience that it is the Embassies / High Commissions that are generally sceptical of documents provided as evidence of nationality. This is especially after certain governments have changed and the Embassy gets new staff.peppekalle wrote:UKBA are skeptics they believe every document they are presented with must be fake especially they are trying to remove you.
It varies from from country to country, although most Embassies prefer the person to go to the Embassy for the interview.peppekalle wrote:Which detention center is your cousin being held at?I am shocked they took him to the embassy.The staff at the embassy come to the removal centers not the other way round unless he comes from one of those countries that don't co-operate with UKBA.
Has your cousin sought legal help?He may be entitled to legal aid and solicitors might be much more aware of the judgment you are referring to.bunty4ILR wrote:Hi again
I am wondering if someone could help me finding a court of appeal judgement over an issue 'when home office puts the visa extension application on hold due to the on going police/criminal investigation'.
It is about my same disabled cousin who is going through a police investigation with regard to a benefit fraud (now as a victim). He never committed the fraud himself but his ex-employer used his disability details to claim a benefit which is usually paid directly to the employer. All this happened without his knowledge and it has been over 6 months police & Jobcentre are investigating this matte. The outcome was expected this month but Jobcentre has extended the date until end of October this year. The Jobcentre now tells my cousin that so far they have not found anything against him but the investigation is still on-going and he may be treated as a victim rather than a suspect.
Long story short my cousin has no choice but to wait until October to get the investigation outcome and then ask home office to re-open his file. But I've learnt from someone that there is a court of appeal judgement which suggests such application should be given DLR until the police investigation is concluded. The situation is my cousin can't work or study as he has no visa or section 3c provision, he can't go back to his country to apply for fresh entry clearance as husband due to police case, he is deaf and also has speech impairment, now house bound, skint, depressed and suicidal.
Does anyone know about that judgement? many many thanks.