FLR refused, passports sent to Local Enforcement office

[rajeevanand]

Hi Guys

My leave to remain had expired on 31st December 2006. My employer had applied for a work permit extension. An FLR was not submitted at that time. When the decision was pending, I applied for HSMP (a home office customer service rep confirmed I can) and also submitted for an FLR on 23rd Jan 2007 through a representative Medivisas UK LLP.

My employer received a work permit extension refusal letter on 25th Jan 2007 saying my employer's evidence does not prove that they are a service provider, but more like an employment agency. 28 days were given for appeal.

Meanwhile, my HSMP was also rejected on 16th Feb 2007. Despite my asking, my representative did not attach P60 as evidence for income.

Now, I was considering going back to my country and try a fresh application. However, the FLR team have sent my, my wife's and my baby's passport to a Local Enforcement office.

I found out about the passports after I emailed the FLR team myself.

Do you guys have any idea, what it means for me ? What does it mean for the passports to be sent to the Enforcement office. I planned to leave anyway.

Your help / advice will be much appreciated. I also finished purchase of a flat last month. Dont know what to do now.

Thanks
Rajeev

[British]

My employer received a work permit extension refusal letter on 25th Jan 2007 saying my employer's evidence does not prove that they are a service provider,

I would advise you to be very very careful from now on.

Now, since the HO is not happy about your employer's eligibility about applying for WP, they may in future, consider that your current WP that you are in now in UK was obtained by wrongful means.

I am not trying to scare you or anything, but please ensure you collect as much evidence that you have visited your employer's address, had meetings with them, etc, etc as much evidence as you can collect, to protect yourself from future prosecution.

It looks like just having your current WP or FLR will not be enough evidence to prove your innocense.

There has been a case reported in this forum where the guy did not apparently know that his WP sponsor was invalid company, and even without any if his mistakes, he is now facing prosecution in UK court (and i am guessing his employer is still happy in UK with no prosecution on them )

This is the link of that post:

http://www.immigrationboards.com/viewtopic.php?t=13753

That case is not similar situation to yours, but i wanted to raise alarm here so that before you leave UK based on your recent visa rejections, you please go around collecting some documentary evidence to keep it safe with you for future, to prove you were innocent, just in case that the HO ends up prosecuting you on the grounds that your earlier WP was invalid and was obtained by deception.
I am saying this because you are saying you will go and apply for a fresh visa from your home country, next time. So watch out, collect evidence to keep yourself safe.

I also finished purchase of a flat last month

Oh, dear!!!!!!!!!!!!!!!!

Remember, you don't need to dispose off this property soon, but if you want to, you will hav eto do it soon and possibly within 28 days after your rejection letter.

See, if you can speak to any of your friends to help you sort this out, while you are away from UK.

[rajeevanand]

Oooohh. I'm sure there were a couple of more replies for this post which I believe may have been removed.

Anyway, the latest update on my situation is as below -

I received the FLR refusal letter on 24th Feb. It said "Refusal to grant leave to remain" because (1) my HSMP was refused (2) my FLR application was made on 29th Jan and my leave to remain had expired on 31 Dec 2006. No right of appeal given. Other words used "You have no right to stay in the United Kingdom so are liable to be removed. You must leave as soon as possible."

As mentioned in the original post, my passports were sent to Enforcement office. From 26th Feb I started following up with the enforcement office to retrieve my passports with an intention to leave the country asap.

I also faxed a request letter for return of passports as I wanted to leave. Then they said the procedure was that, they will confirm when the passports came to the right department, I should book my tickets, visit the enforcement office, sign some papers for voluntary return and then they send the passports to the airport on the day of my departure.

I said ok to even that as I just did not want to have any more problems. However, they were unable to locate my passports until 12th March. Finally I was asked to book my tickets and visit their office for further procedures. I booked my tickets on 14th March for 16th March, took the tickets to the enforcement office. After 1-1/2 hr wait, I was called in and asked to sign some papers. That's when I realised they had served me with IS151A papers.

The first set of papers issued on my, my wife and 10mth old daughter (I've put in the main points, if you need more to help pls let me know) -

I have considered all the information available to me and I am satisfied that you are :
A person in respect of whom removal directions may be given in accordance with section 10 of the Imm and Aslum Act 1999 (administrative removal)
With Laibility to Detention

Second set of papers IS151A Part 2:

You were served with form IS151A on 8th March 2007 informing you of your immigration status and your liability to detention and removal. A decision has been taken to remove you from the United Kingdom.

Right of Appeal: You are entitled to appeal this decision under section 82(1) after you have left the UK

This decision will be deemed to have been served on you on the date of service shown below

Please note, I haven't received any communication about the notice served on 8th March


Third set of papers IS152C which says -

NOTICE OF VOLUNTARY DEPARTURE
Liability to removal: The person named is an illegal immigrant as defined in section 33 of immigration act 1971 or a person subject to administrative removal in accordance with section 10 of immigration and asylum act 1999 and as such is liable to be removed from the UK.

Voluntary departure: However, he/she has chosen to depart at his own expense and has purchased a ticket for 16th March.

I left the UK on 16th March. My family's passports were handed over after the security check just 15 minutes before the departure time. I'm now in India.

What strikes me is that on one hand they say you have to leave as soon as possible, on the other, they cause the delay. I wanted to leave the UK voluntarily and followed up promptly to collect my passports. I was even prepared to leave in February. I just dont understand why they served IS151A. They have also written this on my passport.

I dont know the implications of this. Whether it is OK to apply for a WP/HSMP again and will there be any problems with EC. Also is there a good lawyer you know who can help appeal this decision. If it was not for the IS151A, I would not have really bothered.

From some reading I did on the home office website, I believe they should consider all facts and assess if this is going to affect the individual in any way before issuing it. Evidently, they haven't done it. The papers I received on 14th March personally is the only communication I received after my refusal letter.

And this situation was created with no single fault from my side. I had no intention to overstay whatsoever. I just followed advice as I'm not an expert in these matters. It's very unfortunate that the advice given was crap.

What pains me most is having worked for almost 4 years in the UK legally, I was not even given a chance to explain what happenned.

Any inputs would be greatly appreciated.

Many thanks
Rajeev

[rajeevanand]

Hello Guys

Can you please help me with some inputs on my case ? It would be great if you send me contact information for some able immigration lawyers who can deal with my case. I've seen atleast one case who recd a IS151A but managed to get EC because the lawyer made a water-tight application.

Many thanks for your help in advance.

Regards
Rajeev

[Dawie]

I'm afraid I don't have much advice for you expect to say that a good start would be for you and your family to obtain new passports that do not have any record of your removal in them.

[davidm]

I'm afraid I don't have much advice for you expect to say that a good start would be for you and your family to obtain new passports that do not have any record of your removal in them.

I suppose he will need to sort out his UK problems as well as he will have problems to get visas/ at immigration as he was removed from the UK. Getting into EU/US/Canada etc. will be almost out of question for the next few years as long as he has this black mark against him.

[samkma]

Hi rajeevanand
Very sorry to hear what has happened, now I can pass the details of a lawyer in UK, do speak to her or send a email. I feel you need to send a detailed email or letter then speak to her. OK
Hope this will help
Always contact an OSIC approved agent only (http://www.oisc.gov.uk)
An firm that I can recommend is Ms Shabana
Status Solutions UK
Room 3 Crews Quarters Offices
Chatham, The Historic Dockyard
Chatham
Kent
Postcode ME4 4TZ
Telephone 01634 828288
Fax 01634 840044
Email shabana@statussolutionsuk.co.uk
http://www.statussolutionsuk.co.uk/company.asp

[John]

An application was submitted through OISC-registered Medivisas UK LLP. What are they saying about all this?

[British]

Sorry to hear about all that, Rajeev.

What pains me most is having worked for almost 4 years in the UK legally, I was not even given a chance to explain what happenned.

What strikes me is that on one hand they say you have to leave as soon as possible, on the other, they cause the delay.

That is British HO! Shameless bunch.

Whether it is OK to apply for a WP/HSMP again and will there be any problems with EC.

I don't understand this!!! After 4 years of your contribution to this country's wealth / asset creation and value addition and legal stay, the HO threw you and your wife out ("removed") and even your 10 months old baby, and you are still taking about coming back to this country???????????????

Have you sorted out the house that you had purchased in the UK recently?

[rajeevanand]

samkma
Thanks for the info. I'll get in touch with her.

John,
MY COMMENTS REMOVED. Will discuss separately.

British,
Thanks for understanding. Unfortunately, the HO doesn't seem to.

I'm not desperate to be in the UK. I did work in the UK with a plan and to have some savings before returning to India. However, since my plans are now shattered, I want to mainly return to sort out the property and make good some of the losses I made. (I'm unemployed since 26th Jan, but still paying mortgage and all other bills).

I'm now looking to apeal against the IS151A. It's more a question of my integrity than it being a problem for my internatioal travel at a later date. I've never to tried to cheat or do anything illegally. I dont deserve this. This is more a case of lack of knowledge and improper advice.

That's the reason I'm looking for a good immigration lawyer who will take a genuine interest in my case and work with me. Any genuine contacts will be highly appreciated.

[Marco 72]

rajeevanand:

I think you should definitely complain to OISC about Medivisas. They have a complaints website which you can use to report what happened. Good luck.

[VictoriaS]

Rajeev

Please do complain to OISC if you wish. The situation has been explained to you, and I am confident that OISC will clear us of misadvising or of acting unprofessionally.

However, criticisms of this nature pre-empting an OISC investigation are tantamount to defamation. Please edit your post to remove this.


Regards

Victoria

[rajeevanand]

Victoria

I'll take this up with you separately. I've removed my comments.

Rajeev

[Dawie]

However, criticisms of this nature pre-empting an OISC investigation are tantamount to defamation. Please edit your post to remove this.

This is the UK, not America! As far as I know we still have freedom of expression in this country...

[VictoriaS]

However, criticisms of this nature pre-empting an OISC investigation are tantamount to defamation. Please edit your post to remove this.

This is the UK, not America! As far as I know we still have freedom of expression in this country...

Many thanks for removing these comments.

I am a supporter of freedom of speech. However, my company reputation is of the utmost importance to me, and I must protect this. I want nothing more than to help Rajeev to sort out his problems, and I would be delighted to discuss any way we can help you.

I am also a firm believer in the proper processes, and if someone has a complaint against a service provider, even me, then the correct thing to do is to report them to OISC, not to rubbish them on internet forums. The OISC was set up so that immigration firms cannot get away with providing poor advice or acting unethically, and I fully support that.

Rajeev - please do e-mail me and I will answer all your questions, and as I have said before I will do all I can to ensure that you and your family stay in the UK, or, if you have to leave, I shall do all I can to ensure that you return as soon as possible.

Regards

Victoria

[British]

However, criticisms of this nature pre-empting an OISC investigation are tantamount to defamation. Please edit your post to remove this.

If this practice of threats are encouraged, then i guess the next thing will be the IND which will say "please complain any problems of our service quality to appropriate authority (and not in forums like these) otherwise we will take it as defamation".

If that starts to happen, then there will be no use for forums like this.

[Administrator]

.

This is a public, free speech forum.

Post what you wish, but keep it civilized, legal and within forum posting rules.

Members are expected to post truthfully, and as well they are expected not to threaten other members, however obliquely.

thank you,

The Admin

[vin123]

I think all these problem happen due to over commercialization and the extremely competitive strategy applied by similar service providers like yours making use of the flexibility around the UK immigration to target a potentially huge market - especially HSMP seekers. just thoughts !

Rajeev

Please do complain to OISC if you wish. The situation has been explained to you, and I am confident that OISC will clear us of misadvising or of acting unprofessionally.

However, criticisms of this nature pre-empting an OISC investigation are tantamount to defamation. Please edit your post to remove this.


Regards

Victoria

[VictoriaS]

I seem to have caused offence. I apologise for that. But to defame someone is something which I am sure no one on this site would put up with, and I know for sure that the owners of this particular board never put up with it!

I have said my piece now and will refrain from further comment on this.

Victoria

[VictoriaS]

I think all these problem happen due to over commercialization and the extremely competitive strategy applied by similar service providers like yours making use of the flexibility around the UK immigration to target a potentially huge market - especially HSMP seekers. just thoughts !

Interesting theory. Personally, I think that the problems occur as a direct result of the Home Office being overbureacratic and inefficient.

If the immigration system was clear and implemented fairly, then companies such as mine would not be around (and I would welcome a simple and fair system, believe me!)

If the Home Office was competent then perhaps poor Rajeev would have got his HSMP approved in the first place, and then this discussion would not be happening!

But you are right, it is a competetive market, which is why we all have to protect our reputations. Word travels like wildfire around these forums, and it doesn't take much for people to think that 'xyz agency is rubbish' even when they might not be. This is why the introduction of OISC was such a good thing, and why I advocate strongly that people report unscrupulous immigration advisors.

Victoria

[OL7MAX]

I think that the problems occur as a direct result of the Home Office being overbureacratic and inefficient...(and incompetent)

So it's OK to rubbish the HO in internet forums?

[Dawie]

To be fair the Home Office makes it fairly easy to make applications without requiring the services of an immigration lawyer or firm. Their website contains all the information you need to know in order to make an application as well as all the necessary application forms. Even more importantly, the Home Office publishes all the caseworker manuals and policy procedures allowing any individual to research exactly what the Home Office is looking for any application.

In complex cases an immigration lawyer might be necessary, but in the large majority of straightforward FLR cases there's simply no need for an immigration firm to get involved.

The fees charged by some immigration firms are, quite frankly, extortionate. Being South African I know many people who have been on the verge of employing an immigration firm to handle a simple FLR extension, work permit application or ILR application, only for me to point them in the direction of the Home Office website. And of course they all received their FLR or ILR without problems by following the very clear instructions on the Home Office website.

I'm certainly not specifically criticizing Victoria or her firm, but there is a general feeling out there that many immigration firms are ripping people off and supplying an awful service to boot.

[vin123]

In the US, you would wait at least 12 months for your Green Card ( ILR equivalent ) where as in the UK, its a matter of 2 or 3 hours provided you have all the supporting docs.
For Naturalisation, again it was a matter of few weeks... Isn't that efficient?

It appears like there is a sense of urgency for those business' centred around HO badly needing to show their target clients that they (HO) are inefficient. All fair play.....

I think that the problems occur as a direct result of the Home Office being overbureacratic and inefficient.
Victoria

[JLacey1981]

Hi all,

I've actually spoken to Rajeev personally, and what seems to be forgotton is this unfortunate turn of events begun because:

a) his previous employer falling foul of section 8 of the immigration act 1996
b) his previous employer not advising Rajeev to submit his FLR prior to his expiry date.

This has been the obvious catalyst behind Rajeev's return to his home country. From speaking to other immigration specialists, I know the Home Office can reject HSMP applications for the mildest of reasons, any slight doubt and unfortunately you do not get the benefit.

I also spoke to Medivisas and took further independent advice on behalf of Mr Anand, and his HSMP case could have been put together.

I found Medivisas to be very much on the ball, and I must reiterate that I have no relationship to Medivisas, but this was by no means their fault.

I have also found Mr Anand to be extremely pleasant, and he has been the subject to an unfortunate chain of events.

Regards

James

[ajani]

I once followed a discussion between John and Victoria of MEDIVISAS on their discussion forum. It was in respect of time limit for submission of an application for extension. The arguments dragged on and on for what appeared a simple procedure.
At the end of the day, John's point of view carried the day. Without being disrespectful to Victoria and her company, i would not consult them for an immigration matter after reading that.