Help needed ASAP as I am in serious crisis,96hours left help

deltauk · Post by **deltauk** » Sun Feb 04, 2007 10:41 pm

Dear Forum,

Before I start explaining my self my life is in serious crisis and I need help as only have 96 hours before I appear in court.

Background

I came to UK on a student visa in 1998. Finished my undergraduate degree in 2003 and graduated in 2004. After that I applied for PHD visa which was valid it July 2006. Due to unforseen circumstances I had to leave PHD and I started working full time whilst on student visa. After my visa expired in June 06, I arranged for some "papers" to extend my visa for further 3 years so that I qualify for 10 years rule.

As you know the "papers" were no legit I got arrested by immigration who knocked at my door 6 in the morning, took me police station where I got grilled for 12 hours and I finally pleaded guilty to "applying for further leave to remain by deception" and have been charged for criminal offence and Immigration voilation.

I am been let out by police bail and my court hearing has been set for this coming friday (9/02/07).

Both the lawyers at the station (criminal and immigration) explained to me to expect the worse i.e. prison sentence and dipportation after that.

My question to modulars is how bad is how bad is my case? Whatever help I can get will be deeply appreciated. I don't know which way my life is heading and I can't think straight.

Since getting the visa in 2004 for PHD i have constantly been working full time and been earning close to 6 figure salary. The immigration raid not only took me in but they had a search warrant for the property and took away all the evidence i.e. my wage slip, my documents from uni which were not legit, my laptop and accused my various other offences but in the end after 4 hours CPS decided to press charges and as above I have to go to court on FRIDAY.

Could you please help me and perhaps advice if I will go to prison or could I be let off with warning/fine etc. I understand I can't have suspended sentence or community sentence due to my status in this country.

Also Immigration officer advied once the criminal procedings are over they will deport in 24 hours.

Once again thank you for your time and I really hope someone can help or advice me.

Any suggestion welcome.

Many Thanks
DeltaUK

deltauk · Post by **deltauk** » Mon Feb 05, 2007 9:15 am

Hi,

Please can anyone help with any advice???

Thanks
Deltauk

Post by **John** » Mon Feb 05, 2007 10:26 am

When you go to Court on Friday, will you be legally represented? If not, especially if you say you are facing a prison sentence, in my opinion that would be foolhardy in the extreme. You need a criminal lawyer there in Court representing you.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 10:36 am

Hi John,

I have arranged for a criminal lawyer and a immigration lawyer.Although having sleepless nights thiking if I will go to prison or can be given second chance?

Any more advice will be appreciated.

Regards
DeltaUK

Dawie · Post by **Dawie** » Mon Feb 05, 2007 10:58 am

Do you still have your passport on you? If so then try to leave the country before Friday if you can.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 11:48 am

Hi,

No my passport is with Immigration, they only showed it to me briefly and presently I am on bail.

Please help as I am pulling my hair out of worry.

Regards
deltauk

Dawie · Post by **Dawie** » Mon Feb 05, 2007 11:49 am

How exactly did you get found out? Someone must have grassed you out with the police.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 11:56 am

Hi,

Thats what I was made to believe that somebody did tip them off. Never the less they got the man they wanted but now I am not sure what to do.

I have pleaded guilty to the charges, hence the court date on Friday. Is there anything I could do???

Regards
Deltauk

Dawie · Post by **Dawie** » Mon Feb 05, 2007 12:00 pm

Well, I'm not a lawyer, but pleading guilty to something without having any legal representation sounds a bit stupid to me.

On the bright side I doubt you will go to prison. Not even paedophiles go to prison these days, they're too full. You will probably get deported though.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 12:13 pm

Hi,

I was provided with two lawyers, i.e Immigration and Criminal at the station and was explained the reasons and after much thought and looking at the scenario and all other circumstances the best way forward was to plead guilty.

Currently I am arranging a Criminal Lawyer to represent me on Friday and have allready arranged Immigration Lawyer.

I have been getting different opinions as few people are saying I might go to prison and few are saying I might be let off.

Also I do understand that I have a right to appeal from deportation point of view.

I understand the **** has hit the roof and hoping for the best but any advice is much appreciated.

Thanks
Deltauk

Post by **Administrator** » Mon Feb 05, 2007 12:18 pm

.

I think I'm going to have to agree with Dawie on this one.

Especially if immigration has your passport, they're quite serious about your case.

What I get is:

1) you illegally worked under a student visa

2) you illegally extended your visa and

3) continued to illegally work (a year or more) with

4) the intention of fraudulently reaching the ten year rule.

You have listed no mitigating circumstances, so it seems immigration will not be sympathetic toward your case.

The time to take action was when your 'unforeseen circumstances' arose. Gambling and waiting for immigration to catch you wasn't the brightest strategy.

As far as someone turning you in, the government is under enormous pressure to check the status of persons in the UK under student visas. The fraud in that area is extensive and well-documented. Simple checks against your school & tuition and administrative records would have shown you up.

Use what time you have left to plan a graceful exit. The UK and many EU & western countries are likely off-limits to you for about five years, give or take, depending on individual countries.

There is one hail-Mary pass here, but it's slim to none:

http://www.ilpa.org.uk

It's an organization that specializes in immigration law in the UK, but they are loath to take on cases they can't win. They will at least advise you if this is winnable for you and might be able to recommend a firm or practitioner willing to consider your case.

Also, a good barrister can buy you other benefits, such as a graceful amount of time to leave the country with critical possessions and funds and no jail time ... things that will be very important.

The Admin

Jeff Albright · Post by **Jeff Albright** » Mon Feb 05, 2007 12:54 pm

Strange that they have come down on you so hard. Are you sure you have not committed any other offences, people trafficking, for example?

Should have simply refused your application. There are thousands of cases where applicants submit fraudulent applications and get refused. It would have been impossible to prosecute everyone. Deception is an offence under the immigration rules but not that serious as to bring custodial sentence let alone any fines.

There are always people out there who come illegally, enter illegally, work illegally, in any country. If they are caught, their leave gets cancelled or curtailed and they are removed. Have not heard of any prosecutions like this before.

Deportation is usually only appropriate after at least 12 months of custodial sentence, i.e. you should have really committed a serious offence, for example, body harm, drug trafficking, theft, etc.

I think someone has instilled a great deal of fear in you or your have been inappropriately advised by lawyers.

I think you should go ahead in court, just simply explain that you did a wrong thing. I do not believe that they will even fine you for that.
You will certainly face removal and will find it impossible to return to the UK but that will be, in my view, the end to it.
Just forget about it and carry on with your life in your home country.

Best of luck! Let us know how it went (if you can, of course).

Rogerio · Post by **Rogerio** » Mon Feb 05, 2007 1:44 pm

Does your country issue emergency passports?

I'd try and get one issued to me as soon as possible, and get out of the UK immediately.... before Friday of course.

rainbow24 · Post by **rainbow24** » Mon Feb 05, 2007 2:02 pm

I don't have any advice to give in this situation but all I want to say is good luck and I will be thinking of you on Friday.

Can anyone tell me what happens when a person is caught working illegally. Jeff, you mentioned custodial sentence. If a person is caught does this mean they face a prison sentence first and then removed from the country?

deltauk · Post by **deltauk** » Mon Feb 05, 2007 3:35 pm

Hi Everyone,

You have been so kind so far, as I said earlier I have been getting mixed responses so far. I have been charged for "applying for further leave to remain by deception" I have received my deportation documents as well.

Do you think?
1) I can appeal on that.
2) I am in a relationship with a EU member for last 2.5 years and plan to get married in a years time. Do you think I can apply for unmarried partner’s visa?

Applying for emergency passport requires information on the last passport and clearly I don’t want to do anything which is not legal and lie my way to obtain another passport.

Yes I hold my hands and I made a mistake and I am learning a very hard way but getting loads of mixed advice so I am hoping I wont go to prison.
As I have no criminal record in the past 8 years I have been living in UK.

I will definitely let you how I get on Friday, but to be honest these 3 days will pass like three years. (It was the first time in my life I had a contact with police or went to station, so still recovering from grilling session)

Anyways I will look forward to advice and suggestions. Please keep them coming....

Many Thanks
Deltauk

Jeff Albright · Post by **Jeff Albright** » Mon Feb 05, 2007 4:16 pm

deltauk wrote: 1) I can appeal on that.

Absolutely, without even thinking twice. To the AIT.

2) I am in a relationship with a EU member for last 2.5 years and plan to get married in a years time. Do you think I can apply for unmarried partner’s visa?

Don't rush the horses. First appeal against deportation, which should be cancelled. Then deal with the next issue. That deportation order is a bullshit.

Applying for emergency passport requires information on the last passport and clearly I don’t want to do anything which is not legal and lie my way to obtain another passport.

Now you cannot leave until you have your dodgy deportation order cancelled, or you will never see the UK again.

Yes I hold my hands and I made a mistake and I am learning a very hard way but getting loads of mixed advice so I am hoping I wont go to prison.
As I have no criminal record in the past 8 years I have been living in UK.

What is the prison sentense for - think realistically.

I will definitely let you how I get on Friday, but to be honest these 3 days will pass like three years. (It was the first time in my life I had a contact with police or went to station, so still recovering from grilling session)

Looks like even police were unaware of legal issues there. Where do you live?
First ever in my life heard anything like "being charged for a criminal offence of "applying" for leave to remain by deception". If you have "obtained" something then that would be another matter. Even so, if you had obtained that leave by deception, the best they could do would have been to have it cancelled/curtailed and issue you with the IS151A. Should now the HO pull out thousands of files like this and start prosecuting everyone. Perhaps this is how Mr Reid wants to save his career??
Did you ask them to point out to you in the law under what section they were charging you and under what Act? Have they mixed up Immigration Acts with Criminal Acts or made their own rules up from the two?!

deltauk · Post by **deltauk** » Mon Feb 05, 2007 4:39 pm

Hi Jeff,

Thanks for a reply. My deportation document says I can’t appeal whilst in UK, I have to go to my home country and then apply from there.

Now this seems bid odd, do you guys agree???

The only charge so far I have is as above, deception one do you think I could get charged for anything else? It took CPS 4 hours to come to this decision.

I have a partner whom i like to marry and would like to appeal on this behalf.

I am hoping after this advice that I won’t go to prison but may be left out with a fine which i can deal with. But prison sentence will not only break me but people around me as well.

Can you give more advice on what can I use for my defence both for criminal charges and defence charges.

Regards
DeltaUK

Jeff Albright · Post by **Jeff Albright** » Mon Feb 05, 2007 7:42 pm

deltauk wrote: Thanks for a reply. My deportation document says I can’t appeal whilst in UK, I have to go to my home country and then apply from there.

No, this is wrong. You always have the right to appeal against deportation order. You either mistook your document for deportation order or you obviously got something wrong.
You can post your document here removing your name, address, and any personal details and we will review it.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 8:11 pm

Jeff first of all let me thank yu again for your help,

The form i have is "IS151A Part 2". Which states that my right of appeal is from outside the UK.

The little research i have done from the net i see that that form is for someone from EU. But i maybe wrong.

The only think i am thinking is can i get this from changed to appeal within the country and how do i do this. I am pretty sure after staying 8 years in this country the least i can get is a chance for appeal when i am within the country.

What do you think.

Regards

deltauk · Post by **deltauk** » Mon Feb 05, 2007 8:41 pm

Just to add to the comment above. The begining of the form says:

"You were served with form IS151A on (the date) informing you of your immigration status and your liability to detention and removal.

I cant see this form IS151A and i kept these papers very safe.

At the right hand top of the form it says "IS151A Part 2". I dunno wats is going on here.

On the form it says then.

A decision has been taken to remove you from the United Kingdom

Right of Appeal.

You are entitled to appeal to this decision under section 82(1) of the nationality..................Act 2002, after you have left the united kingdom.

PLEASE HELP GUYS

tvt · Post by **tvt** » Mon Feb 05, 2007 10:10 pm

I have to admit that I don't feel sorry for you. You tried to deceive the Home Office and got what you deserved. Pure and simple.

deltauk · Post by **deltauk** » Mon Feb 05, 2007 10:52 pm

To be really honest i dont feel sorry for myself. I admit i did very wrong i was stupid to do such a thing when i could have married my girlfriend.

I dunno what i was thinking or doing. But now its done and i wanna get out of this. I am only Human.

I finished my first degree here working now pay all my taxes never have got into any trouble not even a speeding ticket or parking ticket.

I have lovely girlfriend a lovely dog and very good bunch of friends its gonna be very hard for me to leave all this. I dunno if you can relate to me but if i try to think this i feel sick.

But hey as i said i made a mistake and i have to face the consequences but there must be a way out . And that's the reason i am writing to you guys to help me.

Again thnks for everyone who has written in and i would really like if i cn get some info about the two posts i wrote earlier about the IS151A part 2 and will it be possible to get appeal from within te country.

Jeff Albright · Post by **Jeff Albright** » Tue Feb 06, 2007 12:33 am

deltauk wrote: The form i have is "IS151A Part 2". Which states that my right of appeal is from outside the UK.

Well, you have confused yourself. You are not subject to any deportation. You have been served with a removal notice. This is what was expected.

I am pretty sure after staying 8 years in this country the least i can get is a chance for appeal when i am within the country.

The number of years you have stayed in this country alone does not give rise to a right of appeal in-country. However, you can appeal on Human Rights grounds basing on your relationship. You should have stated it clearly when you were detained. The fact that you have committed this offence (making an enforcement action against you in accordance with the law) might not overweigh other factors in your case, including your studies, your private and family life. This has to be examined by the Tribunal. However, in order to prove that your removal, while being in accordance with the law, is disproportionate, you have to make your claim out and need advice from an experienced human rights lawyer. However, you are advised that it is extremely difficult to succeed on Human Rights nowadays, as there is always a viable option for you to return to your country and then apply for an entry clearance to join your partner here.

deltauk · Post by **deltauk** » Tue Feb 06, 2007 1:16 am

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Well, you have confused yourself. You are not subject to any deportation. You have been served with a removal notice. This is what was expected.

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Jeff so wat happens next after the notice of removal. So what you saying is Immigration still needs to give me some sort of deportation papers. --> I am confused about this .

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. However, you can appeal on Human Rights grounds basing on your relationship

So that means i can appeal on the grounds of human rights and as well as on the basis of "extended family member" of an EEA national. which i qualify for as me and my EU girlfriend have been living togther for more then 2 yrs.

I read somewhere that

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6.3 Generally speaking, EEA rights can be exercised irrespective of a person’s previous immigration status (eg, if s/he was here illegally before marrying or forming a civil partnership with an EEA national). Furthermore, there is no requirement that the non EEA family members entered the UK lawfully.

Does this apply to me??

Again jeff thanx for all your help.

Regards

latansingh · Post by **latansingh** » Tue Feb 06, 2007 1:26 am

btw what papers did you submit? that they caught you?

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Help needed ASAP as I am in serious crisis,96hours left help

Help needed ASAP as I am in serious crisis,96hours left help