Detention

[Ramcyy]

my boyfriend is in UK detention from last 10 days because he worked more than 20 hours on student visa. He got caught through his payslips and got detained. His passport is in Home office because he applied for post study work permit after graduating and we were waiting for the reply before he got detained. I am an EU national from AUstria and ready to marry him. My lawyer has lodged an appeal with my documents (payslips, passport copy, employment contract) for temporary leave so that he can come out and we can marry than my lawyer will apply the papers of EU marriage. What i want to know is what are the chances will he get a temporary leave and will come out of the detention or it will be difficult to bring him out.

[Mr Rusty]

Your difficulty is that an application, either for release to get married or for residence as an EEA Family member after marriage, coming as it does straight after service of papers for commission of an offence, is likely to be construed as a "marriage of convenience", which is one of the few grounds for refusing an application under the EEA regulations.

People get detained because they are likely to be removed in the near future. If they have his passport I'm surprised he hasn't been removed already, and I would guess that UKBA's stance will be that he should be removed and make any application from abroad.

I would say that the chances of him being able to do anything before he is removed depend on how long you and he have been together and what evidence you have of that. Cohabitation in a relationship akin to marriage for at least 2 years can be classed as a "durable relationship" under EEA Regulations - but if you could already demonstrate that I would have expected your lawyer to have already made an application for a residence card on those grounds.

[amycompton]

Immigration detention is, imprisonment of an unauthorized person entering a country.This term also used in different ways.Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation, or as punishment for a crime.

[Ramcyy]

hiii Mr. Rusty

Thanks for the answer well we are together from Oct 2010 and my lawyer has lodged an appeal for temporary leave and i have given documents to support it my passport cop, my payslips, my employment contract, his phone records to prove that we were together our holiday tickets which he booked with his card, our together pictures and the date confirmation of marriage appointment in the register council on 31st july 2012. He has not applied for the residential card coz we are not married yet. I am waiting for the temporary leave decision if they reject it then my lawyer will file the bail application.

Your difficulty is that an application, either for release to get married or for residence as an EEA Family member after marriage, coming as it does straight after service of papers for commission of an offence, is likely to be construed as a "marriage of convenience", which is one of the few grounds for refusing an application under the EEA regulations.

People get detained because they are likely to be removed in the near future. If they have his passport I'm surprised he hasn't been removed already, and I would guess that UKBA's stance will be that he should be removed and make any application from abroad.

I would say that the chances of him being able to do anything before he is removed depend on how long you and he have been together and what evidence you have of that. Cohabitation in a relationship akin to marriage for at least 2 years can be classed as a "durable relationship" under EEA Regulations - but if you could already demonstrate that I would have expected your lawyer to have already made an application for a residence card on those grounds.

[MPH80]

Let's be clear - a relationship akin to marriage means living together, sharing bank accounts etc.

Simply 'being together' for 2 years isn't sufficient.

Can you clarify which it is?

[Ramcyy]

No we were not living together in d same house but does that mean that we r not in a relation and he won't come out of the detention. i was expecting home office to make a design today about his temporary leave but they didn't answer its been 2 days tomorrow wil be the 3rd day and we hope they will tell us tomorrow otherwise the bail application has been lodged

Let's be clear - a relationship akin to marriage means living together, sharing bank accounts etc.

Simply 'being together' for 2 years isn't sufficient.

Can you clarify which it is?

[Mr Rusty]

Your relationship does not qualify as an "unmarried partnership" under the Immigration Rules, and as that is the criterion for establishing a "durable relationship" under EEA Regulations, your boyfriend does not at present qualify as an EEA Family Member.

However, for whatever reason UKBA have detained him for almost 2 weeks without removing him, and it's difficult to see why they haven't already done so, unless his passport has to be renewed or there is a problem booking flights to his country (which you haven't stated). If there is not a prospect of a removal within, I would say, a couple of weeks at the most, he will probably be released. If you then get married, and have the evidence that you have been going out together for almost 2 years it would be impossible for UKBA to argue that it's a marriage of convenience, and granting of an EEA residence card should be automatic. UKBA may well take the view that it is not in the public interest to incur the cost of removing him or of considering an application abroad (which is free of charge to the applicant.)