Legal Aid Immigration Solicitors

[xCBx]

Hi

I am hoping that you could offer me some advice.

My boyfriend is currently being held in prison having been sentenced to 12months for a crime, he is an overstayer of 13 years. He was not recommended for deportation but is liable to be removed.

I have been struggling to find a solicitor who can take on his immigration status case on legal aid. I have found one having called every one in the yellow pages (!) and went to see them about 2 weeks ago. To date the solicitor has not visited him in prison to take instruction (despite having booked a visit) and is starting to refuse my phone calls when I try to follow this up. The enforcement unit have been to see him and I am eager that he should get some legal advice before they return (he was given an approxmiate date for them to return of 2 weeks so only one week left).

Where can I find another solicitor who would take this case on legal aid? I have called all in the yellow pages and it seems that hardly anyone will help me. We live in South London, perhaps somebody can recommend an alternative firm?

I am at my wits end and his case is complex so I will not continue with the story here!

Thank you.

[Wanderer]

Speechless...

[yesenia]

Me too please anybody help her

[xCBx]

honestly I think it is absurd! There are no shortage of firms who will take it on as paid work, although I work full time my budget is limited.

To further to add to it, he did just finally take one of my calls and advised that he cannot see him as he is now going on holiday and the case is not urgent. Surely if he is to be served with removal papers this is urgent?

When Enforcement saw him they asked what type of application he will make to stay - neither of us know what type he can make until the solicitor see's him.

We are however forever hopeful...

Any suggestions or advice lines or legal aid solicitors with some sense of customer service would be appreciated...!

[mads]

I am not sure but have you tried:

your local citzens advice?
Or the immigration advisory service http://www.iasuk.org/.

If they cannot help you surely they will be able to give you some guidance?

mads

[xCBx]

I have tried IAS, I can never get through on the phone line, I emailed them around 2 weeks ago and no reply.

A friend had suggested Citizens Advice so I will try and call them... thanks for the suggestions

I must say that I have zero knowledge or experience of this whole immigration thing, but I am truely disgusted by the lack of services in this area. I feel very let down but what is supposedly one of the leading countries in the western world!

Thank goodness I stumbled across this site, it is very informative and helpful.

[Wanderer]

Me too please anybody help her

I'm speechless becuse I think it's ridiculous criminal overstayers are allowed access to Legal Aid.

[xCBx]

Legal aid is offered to murderers, drug dealers & terrorists!! Yes overstaying is a crime in itself however like everyone in the UK legal or not he is entitled to assistance and a fair hearing. Surely that is what our legal system stands for?

However that is not the issue!

The issue is the lack of support for immigration full stop, and immigration representation for legal aid not just in the case of overstayers. I live in a highly populated area and to not be able to find an immigration lawyer on legal aid is shocking.

[Siggi]

Sorry but I have to agree with Wanderer.
Your boy friend has commited a crime for which he is now serving time.
As foreign national, legal or not, if you commit a crime in your host country you can expect nothing less than deportation.
I'm sure that most law firms see this case as a fore gone conclusion, hence you have had no replies from solicitors.

[OL7MAX]

xCBx, I sympathise with your situation because you aren't the criminal here, but are you saying that overstayers are eligible for legal aid?

[tasha75]

I have tried IAS, I can never get through on the phone line, I emailed them around 2 weeks ago and no reply.

You'd better go there in person. There is one of their offices in south London (190 Great Dover str., not far from Borough station). They have "open days", i.e. no appointments necessary, but you have to be there by 9-9:30 as there are usually quite a few people seeking advice.

[sakura]

I was wondering the same thing, too ol7max and wanderer...however I do think anyone with a court case or legal issues is entitled? At least I always thought so.

At the end of the day, to me...if he was served 12 months in jail AND he is an overstayer, unless his country no longer exists(!) he is probably going to be sent back. The UK won't want a criminal to be able to gain legal status, and will hold his crime, naturally, against him in any application he makes.

What was the crime, if you don't mind me asking?

In terms of what you can do...how long has he been in jail? What did your old solicitor say, when you did speak to him? It's very tricky, because with jail sentences, he is probably going to be deported or served an IS151A (is that right?? I don't know the actual number) which stops his immigration clock. Even if he doesn't get anything, if he does try to apply, he might likely get refusd because of the 'good standing' requirements, and being in jail is a huge minus. It might be that the solicitor knew this, and although he should have at least told you, it is a 'simple' conclusion to him that he has no chance.

Go to CAB and see what they say.

[freedom83]

Hi there,

I very much sympathise with your case.You came in here for help and not to get hypothetical statements like I have seen from a few above.

Everyone I mean everyone is entitled to legal aid if they choose to take one.As you said terrorists etc have consumed millions on the tax payers on legal aid fees.I am sure your boyfriend stayed and worked here illegally for 13 years and always had taxes deducted from his salary.

Yes overstaying is a criminal offence and does NOT neccesarily mean a deportation.That is why it was NOT recommended in court.The judge was not stupid.Yes criminals with no legal immigration status stand a high chance of facing deportaion but not all do.I understand after his finish serving his time,he may be sent to an Immigration detention centre.

I advice you go in person to the help units recommended above.A face to face conversation is better than phone calls and emails.Follow up correspondents by going there in person.Thats as far as legal aid is concerned.I advice you pay a solicitor.There are reliable and affordable ones around.A paid solicitor would best handle your case.

Make sure you get a solicitor before he is sent to the detention and holding centres since thats the normal trend after a jail sentence is served.Your solicitor will just have to apply for bail.Every individual whether illegal or case pending has the right to be granted bail.You will need a shortee and prove of address,funds etc.The solicitor would advice you on how to make your bail application stronger.I am sure he can be granted bail with the right application.

If you are succesful and he is granted bail, then your solicitor can best advice you on how and what kind of application to make to the Home Office.Within this time, your partner may have to sign at an Enforcement Unit regularly(weekly or monthly) to let the authorities know he is in the country etc.Thats about it really. Your situation may sound really bad but every immigration case eventhough administered using thesame policies can be unique in its own way.There are very many factors than can enhance your case and you just have to be confident and go about it the right way.No 2 immigration cases are thesame.Your solicitor will best assist you on this.

I understand there are very many unanswered questions like the once asked above by a few members.I know how difficult this may be, but I think there is always a way.

I hope that was helpful.You can contact me directly for assistance.I do not mind helping,but that would be at your discretion.

All the best.

[avjones]

Hi,

As I understand it, there are 2 issues here - firstly deportation as a result of the criminal offence, and secondly the fact that he doesn't have leave in the first place. The second issue makes it easier for the Home Office to deport on the first issue.

As he has been here 13 years, there may well be facts that mean he can make an application to stay. With a 12 month sentence, though, the presumption will be in favour of deportation.

I suggest that you either visit IAS in person, or ask your local CAB if they can recommend a legal aid immigration solicitor. They are a lot harder to find than they used to be, I'm afraid to say - most of the firms that brief me have given up their immigration legal aid contracts in the last few years.

[immigration1]

Legal aid is offered to murderers, drug dealers & terrorists!! Yes overstaying is a crime in itself however like everyone in the UK legal or not he is entitled to assistance and a fair hearing. Surely that is what our legal system stands for?

However that is not the issue!

The issue is the lack of support for immigration full stop, and immigration representation for legal aid not just in the case of overstayers. I live in a highly populated area and to not be able to find an immigration lawyer on legal aid is shocking.

I work for a legal aid firm and we have a dept. for detained/ deportation cases . If you want I can give you the details. We're based in North London though.