Question about being removed from the UK

imranh · Post by **imranh** » Thu Oct 11, 2012 12:29 pm

Hi Everyone

Last night I was asked a question from a friend about his brother's situation

If a Pakistani national was in the UK on a settlement visa but his marriage broke down and his wife grassed him upto the UKBA who inturn arrested him and sent him back to Pakistan (I thnk the official term is "removed")?

Whats his situation now? Does he have to wait 3 years (or a certain amount of time) for him to be eligible to come to the UK on a visit visa? or could he apply straight away for a visit visa??what are his options?

Thanks for your time.

Post by **Lucapooka** » Thu Oct 11, 2012 12:36 pm

People are not arrested and removed merely if their marriage breaks down when the UKBA are informed of this. (and it's not grassing up; it's what is the sponsor is supposed to do). At best, nothing happens and the visa expires meaning the person has to leave. At worse, the UKBA write to the person and inform them that their leave has been curtailed, giving then a period of grace to tidy up any loose ends. Nothing about this situation (that comes as hearsay from an unrelated third party) seems plausible unless the breakdown was long ago and the person did not act to leave the UK at the end of his leave, so please find out the exact circumstances if you really expect an answer that may be considered useful.

imranh · Post by **imranh** » Thu Oct 11, 2012 1:15 pm

Lucapooka wrote:People are not arrested and removed merely if their marriage breaks down when the UKBA are informed of this. (and it's not grassing up; it's what is the sponsor is supposed to do). At best, nothing happens and the visa expires meaning the person has to leave. At worse, the UKBA write to the person and inform them that their leave has been curtailed, giving then a period of grace to tidy up any loose ends. Nothing about this situation (that comes as hearsay from an unrelated third party) seems plausible unless the breakdown was long ago and the person did not act to leave the UK at the end of his leave, so please find out the exact circumstances if you really expect an answer that may be considered useful.

I have more details......

the person in question was still well within his 2 year period. his wife basically kicked him out of the house empty handed and kept his passport which she sent to the UKBA. He then moved to a different city elsewhere in the UK for a few months, she then somehow found out where he lived and told the UKBA who turned up at his address and arrested and held him I believe in Oxford Immigration detention Centre as the UBKA arranged a date for him to leave the UK. His brother got hold of a solicitor who contested and won the hearing that this person should not be sent back to Pakistan in this manner. Then his brother tried to get hm out on bail but couldnt because 1) the wife wrote a really bad statement about this person which swayed the judge when it shouldnt 2) the solictor made some admin mistakes. at the end the person agreed to go back to pakistan as sent by the UKBA in 2010. Him being held by the UKBA in such a centre was illegal according to his solicitor.......however he was still sent back much earlier than his visa expired

so can he come here on a visit visa with his brother as the sponsor? someone mentioned that he has to wait 3 years as he has been removed.....is this correct? please can you advise?

many thanks

Post by **Lucapooka** » Thu Oct 11, 2012 4:19 pm

I don't actually believe this story as you have described. There are more holes in it than a Swiss cheese. That's no reflection on you as you appear to be merely passing on what you have been told, which appears to be very limited information.

However, whatever the actual truth of the story, if he was removed at the expense of the UKBA he will be ineligible for another visa in a non-settlement category for a period of 2 or 5 or 10 years (depending on the precise circumstances and time scale of his voluntary or involuntary removal). Whether he actually gets a visa after those periods, given his history, is another matter.

imranh · Post by **imranh** » Fri Oct 12, 2012 11:33 am

Lucapooka wrote:I don't actually believe this story as you have described. There are more holes in it than a Swiss cheese. That's no reflection on you as you appear to be merely passing on what you have been told, which appears to be very limited information.

However, whatever the actual truth of the story, if he was removed at the expense of the UKBA he will be ineligible for another visa in a non-settlement category for a period of 2 or 5 or 10 years (depending on the precise circumstances and time scale of his voluntary or involuntary removal). Whether he actually gets a visa after those periods, given his history, is another matter.

thanks for your reply.

unfortunately, this is a true story

and the fact that you dont believe it highlights what a sad story it is especially with whats happened to both the husband amd wife since and the pain they have suffered. hence why we are at this stage today and the wife wants to patch things up. but thats not the topic of conversation.

I am curious as to know why you dont believe the story?

how do we know if this person is ineligible for 2 years, 5 years or 10 years? is there a stamp on his passport or a note on his passport that states why/how he was removed and for how long is he ineligible?

Post by **Lucapooka** » Fri Oct 12, 2012 11:42 am

Until you clarify what you mean by 'removal' - voluntary, involuntary, at his expense or the expense of the state, within or outside a six month notice period - there is not much that can be added further. Ask him to read the rules and match his situation to the various ban periods

Here are the rules relating to any of the above. Para 320 7(B)
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

imranh · Post by **imranh** » Fri Oct 12, 2012 3:46 pm

Lucapooka wrote:Until you clarify what you mean by 'removal' - voluntary, involuntary, at his expense or the expense of the state, within or outside a six month notice period - there is not much that can be added further. Ask him to read the rules and match his situation to the various ban periods

Here are the rules relating to any of the above. Para 320 7(B)
http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

thanks for your reply

from what I understand there was no 6 month notice period involved at all. he was held at the detention centre and it seems that he went only after he could not get out on bail but the UKBA paid for his tickets to leave. He was not forced out and only went after it seemed getting him out on bail was not going to happen. However I shal find out the exact circumstances.

He will not be able to understand the link and I have read it and it seems overwhelming.
Please can you give the permitations of voluntary removal or involuntary removal - sorry, I dont wish to come across as being spoonfed but I just need some simple english advice.

many thanks for your time

Post by **Lucapooka** » Fri Oct 12, 2012 5:51 pm

I'm not being evasive but as I don't know the exact circumstances of his departure from the UK, it's not possible to say what restrictions apply to his re-entry. Perhaps a ban, perhaps not; was he removed or did he go of his own free will. If he, himself, can't say what happened he should seek professional advice.

imranh · Post by **imranh** » Tue Oct 16, 2012 1:38 pm

Lucapooka wrote:I'm not being evasive but as I don't know the exact circumstances of his departure from the UK, it's not possible to say what restrictions apply to his re-entry. Perhaps a ban, perhaps not; was he removed or did he go of his own free will. If he, himself, can't say what happened he should seek professional advice.

Thanks for your response - I understand your logic and it makes sense.

I am trying to get this information about the circumstances of his departure - will this information be apparant somewhere in his passport?

Post by **Lucapooka** » Tue Oct 16, 2012 1:46 pm

He would, at the time, have been given mandatory documentation with regard to his removal.

imranh · Post by **imranh** » Tue Oct 16, 2012 2:06 pm

Lucapooka wrote:He would, at the time, have been given mandatory documentation with regard to his removal.

thanks alot for your reply.....you are a star

p.s. are you able to help me with my ILR thread please - especially my questions in the original post

http://immigrationboards.com/viewtopic.php?t=112944

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Question about being removed from the UK

Question about being removed from the UK