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will i be deported?

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klimov
Newly Registered
Posts: 23
Joined: Sun Oct 16, 2005 12:32 pm

will i be deported?

Post by klimov » Tue Nov 28, 2006 12:38 am

i want to know what to expect if immigration comes to my place of work.
i honestly can't say if i am still legal in the UK or not, cos all my appeals are exausted (claimed asylum in 1996)but last time 2 yrs ago i called IND i was told that my case is still under consideration, and i dont want to call them again in case i alert them about myself. now i've been hearing heatbreaking stories that HO comes to places , takes people away - and next thing you know that they are deported.
i pay taxes and all, never been in trouble with the police, in fact helped them a bit whene needed to. also i came here 17yo now im 28. now if worst happens can i appeal to them that i was here since i was a minor, and that all
i know is here, all my friends, work and so on ,and it will be cruel to send me back?if so does anyone know GOOD lawer?my initial claim was dismissed and i didnt even had an interview, it was a valid claim, but now its out of date.the only thing i can think now is that because i have been living here so long now i really cant imagine to be sent back and i have been waiting so long. i feel like a jew in nazi germany or a run away slave. thanx a lot.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Post by Jeff Albright » Tue Nov 28, 2006 11:29 am

How long have you lived here in total? 11 years?
Are you aware of any decisions to remove you as an illegal entrant (forms IS151A and IS151B)? If you ever got any of these forms, you are subject to enforcement action until the end of your life (if you do not do anything about it, of course) and will not be eligible for 14 years rule.
When calling 2 years ago, what kind of application was under consideration if you were refused a long time ago?
There is no harm to call the INEB, even if you are illegal, that would not trigger further enquiries. Just call and ask.
It is unlikely they will come and get you as you said, if they have not done so already. Specifically, if you moved house since your your last refusal.

The best idea is to get a copy of your Home Office file. Although this may trigger further action, as your file will be pulled out from the store and whether they will put it back there or not, no one can tell. Also, this will also reveal your new address. Try to call the INEB and ask them the location of your file and whether you have been served with IS151A and IS151B (they might have served it on your file if they did not know where you were) although there may not disclose this to you.

Good luck

klimov
Newly Registered
Posts: 23
Joined: Sun Oct 16, 2005 12:32 pm

Post by klimov » Wed Nov 29, 2006 12:52 am

Jeff, thank you , yes its been 11 years.
the ansver is that i am not aware of any forms beeing sent to me( IS151A or B). the thing is when i "gave myself up" i wrote them a letter inside the Lunar House (which they kept) saying that I calim asylum on the grounds that i am about to be conscripted into the army( russia 1995)- which was at war with their own people, also i stated that i decided to claim asulum when i was already in te UK, not prior to my entry- my parents told me that i got served conscription papers- what shoud prove that i came here legally(if HO will not decide to lose it)
july 1996- got stamp in IND that i am allowed to work and i stopped all benefits for myself and started to work legally. week later refused asylum on the grouds that situation in russsia about to be changed( still NOT) , appeals 3 or 4 of them, all refused, then lawers said that they cannt find anymore reasons to appeal for me, closed their immigration section, and shipped my file to storage. then in the begginning 2002 i got my boss to apply to work permit for me- which was approved by HO. they asked me to send them my passport- which i dont have( my muppetts lawers lost it) , so i sent them IND paper. which i never saw back.
work permit expired in 2004 and i didnt extend it, cos my then soliciters( told me that i have to leave the UK in order to activate it- task impossible without passport ! so i decided to forget about it, and just called IND about my asylum application- and was told no specifics, just "its been concidered". I even posted them a letter during family amnesty- no reply, faxed them- no reply. now i look back and think that perhaps i was really naiive coming here and beeing all honest about myself and my situation.
i do not hide from HO, thay got my address on file, my NI number and all works, i even get letters from them about registring new EU nationals with HO. I also was reciving phiciatric help after it got too much. and i nearly succeded in topping myself and was diagnosed with severe depressionas a result of many factors one of which is immigration status. my brother is also here, without papers like myself will that qualify as a family? or time's up? i dont want to think that all this time was for nothing cos honestly i have tried to be as good as it gets but it does not matter , im just a number at the end of day.if i write a letter to a prominent member of the english socitity- head of anglican church for an example, will it help?

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Post by Jeff Albright » Wed Nov 29, 2006 1:12 pm

klimov wrote: the ansver is that i am not aware of any forms beeing sent to me( IS151A or B).
You do not have to be. Such forms usually follow the refusal of an asylum application. If they could not find you, they put them on file. You need to check with IND on that.
the thing is when i "gave myself up" i wrote them a letter inside the Lunar House (which they kept) saying that I calim asylum on the grounds that i am about to be conscripted into the army( russia 1995)- which was at war with their own people,
Sorry, mate but chances were very low unless you had sufficient proof that you would be sent to Chechnya. Military service does not generally constitute a sufficient factor for humanitatian protection.
also i stated that i decided to claim asulum when i was already in te UK, not prior to my entry- my parents told me that i got served conscription papers- what shoud prove that i came here legally(if HO will not decide to lose it)
That certainly makes a difference but technically, once your asylum application has been refused and providing that you have not made any other application, you are an overstayer - so the same papers still apply to you. Moreover, before October 2000 any overstayer was potentially subject to deportation action.
july 1996- got stamp in IND that i am allowed to work and i stopped all benefits for myself and started to work legally. week later refused asylum on the grouds that situation in russsia about to be changed( still NOT) , appeals 3 or 4 of them, all refused, then lawers said that they cannt find anymore reasons to appeal for me, closed their immigration section, and shipped my file to storage.
You might find out that you can appeal now on different grounds but you need to clarify what your status is. Have you formed a family here? Have you built up your career? Have you received any further education in the UK? These factors can be taken into account if you were to make a Human Rights Application. But in order to have it considered you must not have been subject to any enforcement action so far (however, you might, in some circumstances, raise appeal against deportation decision made against you in the past). This is what you should establish first.
then in the begginning 2002 i got my boss to apply to work permit for me- which was approved by HO.
Such applications are not connected to your immigration status. You can get yourself approved even if you have been subject to enforcement action. But the second part is to make an immigration application in that category.
they asked me to send them my passport- which i dont have( my muppetts lawers lost it) , so i sent them IND paper. which i never saw back.
Hope you have taken a copy before sending it, haven't you?
work permit expired in 2004 and i didnt extend it, cos my then soliciters( told me that i have to leave the UK in order to activate it- task impossible without passport !
But you could in principle, get a temporary travel document to go to Russia from the Consulate in London.
so i decided to forget about it, and just called IND about my asylum application- and was told no specifics, just "its been concidered".
That is inconsistent with what you said earlier - you said you have been refused and lost all the appeals.
I even posted them a letter during family amnesty- no reply, faxed them- no reply.
So you have the family, don't you? You should have sent a written application by recorded delivery. Is this what currently under consideration?
now i look back and think that perhaps i was really naiive coming here and beeing all honest about myself and my situation.
Really naive, mate, that I am afraid, I have to agree with you. I am in the same boat but it ia a different story.
i do not hide from HO, thay got my address on file,
That does not mean that you are legal here, I am afraid. Because the department is in such a mess they could well not looked into your file for years despite having all the contact details - the situation similar to mine.
my NI number and all works, i even get letters from them about registring new EU nationals with HO.
Why did you get that? Are you the new EU national? I thought you were from Russia, weren't you? Or they got it wrong.
I also was reciving phiciatric help after it got too much. and i nearly succeded in topping myself and was diagnosed with severe depressionas a result of many factors one of which is immigration status.
Not surprised, mate. I am on the way there, too. :(
my brother is also here, without papers like myself will that qualify as a family?
Not as strongly as you were if you had a wife and children.
i dont want to think that all this time was for nothing cos honestly i have tried to be as good as it gets but it does not matter , im just a number at the end of day.if i write a letter to a prominent member of the english socitity- head of anglican church for an example, will it help?
Nope :) This will not help. You need to concentrate and establish your current position.
a) Find out what your status is now.
b) Any enforcement action?
c) If you have been refused asylum before, you would probably find out that your were staying illegally so you won't qualify for 10 year rule
d) Wait for 3 more years in order to apply under the 14 year rule, if you think it is worth it, as well as the entire part of your life you spent here.
e) Give more information about your family to see if you might succeed under the Human Rights
f) Leave this country for a better place if you are educated and experienced enough to apply to other countries

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Wed Nov 29, 2006 4:17 pm

Jeff Albright wrote:
klimov wrote:
the thing is when i "gave myself up" i wrote them a letter inside the Lunar House (which they kept) saying that I calim asylum on the grounds that i am about to be conscripted into the army( russia 1995)- which was at war with their own people,
Sorry, mate but chances were very low unless you had sufficient proof that you would be sent to Chechnya. Military service does not generally constitute a sufficient factor for humanitatian protection.
My Russian partners brother has easily avoided the conscription with a bribed-for doctors note, they all do it. So I don't think HO will count Military Service as a valid asylum claim.

In fact surely even service in Chechnya would give rise to a valid claim, lots of countries have conscription and have wars, imagine if every serving soldier claimed asylum...

Steve

klimov
Newly Registered
Posts: 23
Joined: Sun Oct 16, 2005 12:32 pm

Post by klimov » Thu Nov 30, 2006 12:44 am

thank you for helping me!
i was sent letters with every refusal staitng that i got 28 days to appeal or leave the UK but not the last time.
in 1995-6many of my friends were sent there, and my 3rd cousin lost a leg there. does a lost leg count? and one of my classmates is still in "la la land " and other one was badly wounded. my other cousin lost hearing whilst in the army. etc.
i have a brother here, he claimed asylum on the same grounds- of course refused. but i work in hospitality as a manager- must say good one :). all this time been working. education- not really as i was working all the time and had to support my brother, who now has his own company.
my IND paper- i did not photocopy it! i regret it enormously, but whats done is done. i was contemplating idea of going back to russia to get a work permit visa but i think that before i ask for a repatriation certificate my embassy they would want to know that i am who i am, secondly i'm not sure that it is ok for me to go to russia, call me paranoid but who knows... and thirdly would british embassy in moscow grant me visa anyway? i dont think so.
about my appeals .. thats what they told me , i know that there was no more appeals from me they said it is still considered, gave me no details,
i have spoken to some woman there about family amnesty and she gave me fax number and postal address where to send a letter of enquery, but
i never filled any forms about that amnesty, and got no replys from them.
i am a russian national, not an EU one , but i emplyed them, gave letters of employment so they could register themselves with HO.
about leaving UK for any other country- grass is always greener on the other side, but what am i going to to there? i've come to love this country as my own, all what i achived is here, without any help from the state, quite opposite, but to live like a rat in the hole is unbearable.
Wanderer:
with regards to bribing a doctor in russia- i was brought up as an honest person, and lucky or unlucky for me i was in the UK at the time, so i had a choice- go back and look for a doctor or make my stand. and believe me or not i could have never imagined that it will take such a long time, becides i was 17 yo kid with no understanding of the world and how its run. also note that i was not "sworn in" to be a solider .

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