Bad immigration advice and Home Office administrative delays

[Jeff Albright]

Hello to you all, guys,

I am writing in hope to find someone in a similar predicament and what they did to find the way out.

I came to the UK as a spouse of a British citizen 6 years ago. My English ex-wife insisted on my coming as soon as possible so we really did not give our relationship enough time to work before making a vital decision. She had used some sophisticated tricks to marry her after 2 weeks living together back in my country even without me fully consenting to it.
Our marriage broke down in 2 months following a domestic ordeal. I could not expect anything like this to happen to me and I did not know what I was tying myself up with. The woman expelled me from the house by force after series of rows I never initiated or wanted. As further steps of revenge she had been trying everything to nag the Police and the Immigration Service to use any means to find me in breach of law that would make me subject to removal. She had made false allegations of domestic assault and she had been making up stories to the Immigration Service in attempting to accuse me of marrying her for convenience.

I have been questioned by Police twice and by an Immigration Officer once. No action had been taken in either case, I never was arrested or detained but my passport was taken and sent to the IND for review. Police told me not to go back to her or I could have been arrested.

In the middle of that craze, I was desperately looking for a legal representation to protect myself from all the sides. I had instructed two solicitors, one advising me on civil rights and another one advising me on Immigration matters.

The latter one had been putting forward a petition to the Immigration about the reality of my case. The former one was trying to draw up a court injunction order as well as backing me up in immigration matters. After trying everything possible to fulfil her wish to break me down, my ex finally gave up so no injunction was needed.

The Immigration solicitor had received some sort of the info that the IND did not see me as an offender at all. So I was allowed to stay on until the end of my 1 year visa. Then the immigration solicitor said he had made an application for me to extend my LR a month before it was due to expire. Then that solicitor went into oblivion. I could not find him, the firm had been changing names until it fully vanished in 2000.

My concern was on my application. I asked my civil rights solicitor to inquire on my immigration case. She contacted the IND and got a confirmation that my application had been received. She was given details and said the case would take a long time to resolve so I had nothing to do other than to wait. The same information was given to her in 1.5 years since the application was lodged.

I was waiting and I am still waiting, after 6 years already. Except for one thing... In 2002 when I was trying to contact the Immigration via my local MP (after several other attempts have failed) they said that they never had any application from me and I was classed as an overstayer subject to removal. Up until today I have not been removed even knowing for the fact that the IND had my address, phone number. No one has turned up, called or sent any letters.
Moreover, further inquiries have shown that the Immigration Adviser first acting for me had never been authorised to practise Immigration law in this country and now he is saught by other victims who entrusted in him in their own time.

When I found that they see me as an overstayer I went to a solicitor who immediately made an application on my behalf with an inquiry on what happened to my documents, files and passport. Now after two years, I am still waiting.

I am now in the middle of doing my Ph.D. and graduating next year. I don't know what to do next after that because I stand no chance of getting a professional employment without providing a proof of my status in this country.

I would appreciate any comments from anyone who had any similar experience.

With many thanks

J.A.

[lindelwood]

I was waiting and I am still waiting, after 6 years already. Except for one thing... In 2002 when I was trying to contact the Immigration via my local MP (after several other attempts have failed) they said that they never had any application from me and I was classed as an overstayer subject to removal.

Please clarify: Does this mean that IND have had your passport for 6 years?

[Jeff Albright]

Absolutely. But they claimed they never had it.

Thanks.

J.A.

[lindelwood]

Absolutely. But they claimed they never had it.

I am going to have to think this one over for a bit, I can't imagine where they would hold on to a passport for 6 years...

For the nonce, you might wish to consider getting a new passport from the American Embassy, reporting yours as lost. In all events, you will need a passport, and it's a fair assumption that it's lost. An enquiry from the Embassy will certainly confirm it in short order - and it will not hurt your case.

Next. There's some indemnity for bad advice, but you need to claim it at the OISC within 6 months. It does not, however, hurt your case to lodge a complaint with OISC - and it may actually help. Just tell them everything you know about your advisor.

Last. Your inventory of correspondence with the Home Office. How much of it do you have?

I will need to think over your situation. With the info you've given, it's entirely likely that you are illegal. That's not necessarily the end of the world, it just means that you need a strategy to get legal in order to complete your studies.

[Jeff Albright]

Thanks a lot for your advice.

I am sorry perhaps I wasn't quite clear but I am not American. However, it makes no difference - eventually I will have to get a new passport, as you say but it will only have to be once I have completed my studies. Then I will be prepared to move if things go terribly wrong. I hope to survive here for just a year until I have finished my Ph.D..

I could not complain to OISC for the reason you have specified. However, I have contacted Centre for Supervision of Solicitors who were unable to help because the bogus advisor has not been registered as a solicitor at all. I have also contacted Trading Standards Office in the area where he was practising. The TSO have visited that address but could not trace him. They could not help any more. They also said several people (probably victims) were looking for him.

I do not have anything from the IND apart from the fax letter to my MP dated back in November 2002. The fax confirms that the IND did not have any representations on my file. It took almost 3 months to get that fax. My MP had contacted the Caseworkers about 3 times to no avail.

What I have now is the Witness Statement from the solicitor acting for me to resolve the divorce problems with my ex. She has witnessed almost the whole story unfold because she was in contact with that bogus advisor on a regular basis in 1998-1999. She had also contacted the IND who had assured her and myself that my application was received on time and was being dealt with. There is a record of the member of IND staff who spoke to her. There was another record of communication with IND who confirmed for the second time in Feb 2001 that my application was in process and they even gave the date when it was passed to a particular caseworker.

I want to use this Witness Statement in the Court to make the IND rescind the record of overstaying on my file. This is a very important issue which will enable me to submit a fresh application - either a student now, or HSMP or Work Permit or Science and Graduate in a year time. But at no time should any mark on my Croydon file have an adverse impact on my immigration history. This has got to be addressed first.
My question is whether someone out there would be able to guide me and assist me?

Thanks

J.A.

[lindelwood]

I want to use this Witness Statement in the Court to make the IND rescind the record of overstaying on my file. This is a very important issue which will enable me to submit a fresh application

If the IND decides that you are in breach right now, your witness statement will have no value. The fact that they have not initiated AR proceedings in the past cannot be taken as a concession on their part that you were here legally.

The correspondence trail, i.e., the fax that you have to your MP, is not enough. The strength of your position boils down to the single item that they have retained your passport.

If they mailed it back - even to the solicitor who has now disappeared - you can still be culpable for breach.

My question is whether someone out there would be able to guide me and assist me?

If they initiate AR, you'll need a caseworker. You might consider speaking with the http://www.jcwi.org.uk/ or the http://www.iasuk.org to get things started. Your situation is unique and complex. Beyond signpostings to the IAS or JCWI, the internet is unlikely to be a source of significant help.

[Jeff Albright]

If the IND decides that you are in breach right now, your witness statement will have no value

Really? The Witness Statement contains vital clues that there was a representation made to the IND in black and white. If there are doubts the investigation should be carried out before one party accuses another. It is an obvious thing. There is even a Human Rights paragraph about fair trial, etc.

The fact that they have not initiated AR proceedings in the past cannot be taken as a concession on their part that you were here legally

There is no favor being asked for from them. They can decide what they think is appropriate and bring it to me. I have my own defence side including witnesses, documents and facts. If I am pled guilty of something that should be based on all the evidence being considered in Court and not just on assumptions made by either of us. It's entirely up to them how long they want to take to do that. It is natural I cannot be held responsible for the time they take. My responsibility is to ensure I have followed the law, which always I did over last 6 years.

If they mailed it back - even to the solicitor who has now disappeared - you can still be culpable for breach.

They said they have never had it in Croydon. They always use registered mail. If the package had been undelivered it should have been returned to them. Again, it is nonsensical and against the human perception to hold someone responsible for mistakes made by another party.
As for solicitor - I was entitled by English law to have a legal advisor. Whoever he was, he was allowed to exist and practise law in the UK. Who governed his activity and why - it is not within my own control. He presented himself as a knowledgeable and professional person. I took his services. Again - obvious and natural things.

If they initiate AR, you'll need a caseworker. You might consider speaking with the http://www.jcwi.org.uk/ or the http://www.iasuk.org to get things started. Your situation is unique and complex. Beyond signpostings to the IAS or JCWI, the internet is unlikely to be a source of significant help.

Thanks for your time and help. I shall bear this in mind and will follow this route. The reason for posting my tread to this discussion board was to find someone in a similar situation. I will continue to welcome any comments and advice who feels like sharing them with me. I appreciate this.

Regards

J.A.

[noah]

Really? The Witness Statement contains vital clues that there was a representation made to the IND in black and white. If there are doubts the investigation should be carried out before one party accuses another. It is an obvious thing. There is even a Human Rights paragraph about fair trial, etc.

As I read it, your witness statement proves that your marriage broke down during your probationary period. That's all they need to know regarding your immigration status full stop.

As to courts and "vital clues", it's not the way immigration law works. There's an adjudicator and then a tribunal. Based upon what's been written here, I would guess that your case will not even reach the adjudicator if you are not in a subsisting marriage.

[Jeff Albright]

As I read it, your witness statement proves that your marriage broke down during your probationary period.

The witness statement was not written to emphasize that. It has been made to prove that my application for extension of LR HAD BEEN submitted ON TIME and HAD BEEN received by the IND ON TIME. ANOTHER QUESTION is what kind of application it was and what was the outcome. Since I never knew what was the decision on my application, as far as I am concerned I have the right to deny any wrongdoing on my part if I am seen as such.
NEXT question is the reasons of marriage breakdown. This was brought to the IND quite clearly and they knew the reasons. Even the IO had recognised that the marriage could not simply exist after those things that happened.
It was still possible for me to turn my life round at that point. But now it is simply not possible to go back in time. And who is to blame?

That's all they need to know regarding your immigration status full stop.

Oh yeah they always knew. If they wanted to follow it up quickly then we would have resolved the matter within the year or so. But to drag it up to 6 years, not respond to numerous attempts to contact them, and then after all blame me for everything and try to ruin my life is unspeakable. I cannot even imagine how many Human rights are violated here.

As to courts and "vital clues", it's not the way immigration law works. There's an adjudicator and then a tribunal. Based upon what's been written here, I would guess that your case will not even reach the adjudicator if you are not in a subsisting marriage.

It will reach the High Court, I am sure without any adjudicators. This is when all the circumstances will be weighed and then the judge will make a final ruling. There is no such law or any human being who can break me down that easily accusing me of something that I have never done.