Tier 4 Student, Caught Working, ILR due on 10 yrs route

asifkhan78 · Post by **asifkhan78** » Mon Jan 19, 2015 10:08 pm

Here is a case of my friend who is in problem and needs help
My friend entered uk on 17 march 2005...his wife joined him as his dependant in july 2010...their first child born here in June 2011 and 2nd child born here as well in October 2012...all his dependants. he was eligible for ILR on 10 yrs on 17 feb 2015.... currently he was on tier 4 with no right of work....his college revoked, received 60 days letter and current visa curtailed till 21st dec 2014...
Now the main point is that he was doing a driving work when one of his friends tipped off immigration and they started chasing him until they caught him red handed on 23rd oct 2014..exactly the same time another immigration team went to his home and confiscated all passports and national id cards including UK driving licence. ..this confiscation was very unfortunate....anyway they locked him up for a night and released him the next morning after an interview with removal directions and reporting to immig centre...they cancelled all their visas and served them removal and liable to detain letters (i.e forms IS151 and IS96....) with right of appeal outside UK only. So far they are reporting to immig center and are here in UK.
He applied for the right of appeal in UK through a solicitor and got hearing date of 19 Feb 2015.
What are the best possible options for him to fight and stay here.

asifkhan78 · Post by **asifkhan78** » Mon Jan 19, 2015 10:10 pm

Here is a case of my friend who is in problem and needs help
My friend entered uk on 17 march 2005...his wife joined him as his dependant in july 2010...their first child born here in June 2011 and 2nd child born here as well in October 2012...all his dependants. he was eligible for ILR on 10 yrs on 17 feb 2015.... currently he was on tier 4 with no right of work....his college revoked, received 60 days letter and current visa curtailed till 21st dec 2014...
Now the main point is that he was doing a driving work when one of his friends tipped off immigration and they started chasing him until they caught him red handed on 23rd oct 2014..exactly the same time another immigration team went to his home and confiscated all passports and national id cards including UK driving licence. ..this confiscation was very unfortunate....anyway they locked him up for a night and released him the next morning after an interview with removal directions and reporting to immig centre...they cancelled all their visas and served them removal and liable to detain letters (i.e forms IS151 and IS96....) with right of appeal outside UK only. So far they are reporting to immig center and are here in UK.
He applied for the right of appeal in UK through a solicitor and got hearing date of 19 Feb 2015.
What are the best possible options for him to fight and stay here.

Zee ali · Post by **Zee ali** » Mon Jan 19, 2015 10:46 pm

asifkhan78 wrote:Here is a case of my friend who is in problem and needs help
My friend entered uk on 17 march 2005...his wife joined him as his dependant in july 2010...their first child born here in June 2011 and 2nd child born here as well in October 2012...all his dependants. he was eligible for ILR on 10 yrs on 17 feb 2015.... currently he was on tier 4 with no right of work....his college revoked, received 60 days letter and current visa curtailed till 21st dec 2014...
Now the main point is that he was doing a driving work when one of his friends tipped off immigration and they started chasing him until they caught him red handed on 23rd oct 2014..exactly the same time another immigration team went to his home and confiscated all passports and national id cards including UK driving licence. ..this confiscation was very unfortunate....anyway they locked him up for a night and released him the next morning after an interview with removal directions and reporting to immig centre...they cancelled all their visas and served them removal and liable to detain letters (i.e forms IS151 and IS96....) with right of appeal outside UK only. So far they are reporting to immig center and are here in UK.
He applied for the right of appeal in UK through a solicitor and got hearing date of 19 Feb 2015.
What are the best possible options for him to fight and stay here.

Very Unfortunate for him.

10 years story is finished

No chance to get ILR.

Kids r too young to qualify for 7 years child rule.

Chances r slim to get any discretion from court or HO these days.

bruteforce · Post by **bruteforce** » Mon Jan 19, 2015 10:47 pm

May sound harsh but NO CHANCE!

Post by **Obie** » Mon Jan 19, 2015 11:17 pm

But at the very least , there should be an in country right of appeal. There are children involved irrespective of their age.

Section 55 of the UKBA act 2009, requires the Secretary of State to safeguard and promote their best interest

asifkhan78 · Post by **asifkhan78** » Tue Jan 20, 2015 3:45 pm

Zee ali wrote:
asifkhan78 wrote:Here is a case of my friend who is in problem and needs help
My friend entered uk on 17 march 2005...his wife joined him as his dependant in july 2010...their first child born here in June 2011 and 2nd child born here as well in October 2012...all his dependants. he was eligible for ILR on 10 yrs on 17 feb 2015.... currently he was on tier 4 with no right of work....his college revoked, received 60 days letter and current visa curtailed till 21st dec 2014...
Now the main point is that he was doing a driving work when one of his friends tipped off immigration and they started chasing him until they caught him red handed on 23rd oct 2014..exactly the same time another immigration team went to his home and confiscated all passports and national id cards including UK driving licence. ..this confiscation was very unfortunate....anyway they locked him up for a night and released him the next morning after an interview with removal directions and reporting to immig centre...they cancelled all their visas and served them removal and liable to detain letters (i.e forms IS151 and IS96....) with right of appeal outside UK only. So far they are reporting to immig center and are here in UK.
He applied for the right of appeal in UK through a solicitor and got hearing date of 19 Feb 2015.
What are the best possible options for him to fight and stay here.
Very Unfortunate for him.

10 years story is finished

No chance to get ILR.

Kids r too young to qualify for 7 years child rule.

Chances r slim to get any discretion from court or HO these days.

yes bit tough for him to go through....
how can he spend this time until his eldest child is 7 yrs old.....
should he slip into the system i mean stay hidden ? any possibilities

asifkhan78 · Post by **asifkhan78** » Tue Jan 20, 2015 3:48 pm

Obie wrote:But at the very least , there should be an in country right of appeal. There are children involved irrespective of their age.

Section 55 of the UKBA act 2009, requires the Secretary of State to safeguard and promote their best interest

thanks Obie
section 55 is for the children best interest and I think he can fight on this ground....can he?
If the court allow in country right of appeal then his stay will be counted as legal or not till 17 feb? this is the main point needs to be cleared at this moment of time? whats ur take on this one plz?

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Tier 4 Student, Caught Working, ILR due on 10 yrs route

Tier 4 Student, Caught Working, ILR due on 10 yrs route

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Re: Tier 4 Student, Caught Working, ILR due on 10 yrs basis.

Re: Tier 4 Student, Caught Working, ILR due on 10 yrs basis.