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ilr for visitor overstayer (6 years)

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amserve
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ilr for visitor overstayer (6 years)

Post by amserve » Thu Feb 07, 2008 5:47 pm

Hi all

I have an aunt (aged 52) who came to the uk from india in 2002 on a family visit visa. After marital problems she remained in the uk as all her children are settled here. She is now divorced and so hs nobody to go back to in india. How should we apply for her to stay? She has no nhs card, is maintained by her children but she has no status. Please help thanks

Wanderer
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Post by Wanderer » Thu Feb 07, 2008 6:00 pm

Tricky, in view of the news that overstayers will be blacklisted, in ur aunts case for 10 years.

Looks very bleak....
An chéad stad eile Stáisiún Uí Chonghaile....

Mr Rusty
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Post by Mr Rusty » Thu Feb 07, 2008 6:16 pm

Well, if you hide her in a cupboard for a further 8 years, she can apply for ILR under the 14-year rule.
I wouldn't bank on a sympathetic response from BIA on any other grounds.

Sorry not to give a helpful response, but it's this sort of abuse which has now resulted in proposals for sponsors to pay bonds of (allegedly) £1000 for family visas.

paulp
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Post by paulp » Thu Feb 07, 2008 7:15 pm

Yes, the only option for ILR is to hide as an illegal immigrant for another 8 years.

Also, if the HO gets its act in gear and introduces ID cards for non-EU citizens this year, your aunt will find life harder.

Twin
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Post by Twin » Fri Feb 08, 2008 8:10 pm

Wanderer wrote:Tricky, in view of the news that overstayers will be blacklisted, in ur aunts case for 10 years.

Looks very bleak....
...and why 10years instead of 1?

Wanderer
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Post by Wanderer » Fri Feb 08, 2008 8:20 pm

Twin wrote:
Wanderer wrote:Tricky, in view of the news that overstayers will be blacklisted, in ur aunts case for 10 years.

Looks very bleak....
...and why 10years instead of 1?
Yes one year, I panicked!
An chéad stad eile Stáisiún Uí Chonghaile....

amserve
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Post by amserve » Fri Feb 08, 2008 8:51 pm

thanks for replies. I can't believe the home office would refuse an elderly lady, divorced, and without a relative in the home country? Surely the fact that shes been here several years, has strong family ties here and the compassionate circumstances almost guarantee her ilr? please advise further

Wanderer
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Post by Wanderer » Fri Feb 08, 2008 9:06 pm

amserve wrote:thanks for replies. I can't believe the home office would refuse an elderly lady, divorced, and without a relative in the home country? Surely the fact that shes been here several years, has strong family ties here and the compassionate circumstances almost guarantee her ilr? please advise further
What compassionate circumstances? She's an illegal, she's an overstayer and she has broken the law.

Why should she be allowed to sidestep the law when all the rest of us abide by the rules?

The fact that she's been here several years as an illegal immigrant will almost guarantee NO ILR....

I'm getting wound up now....
An chéad stad eile Stáisiún Uí Chonghaile....

paulp
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Post by paulp » Sat Feb 09, 2008 9:32 am

Twin wrote:
Wanderer wrote:Tricky, in view of the news that overstayers will be blacklisted, in ur aunts case for 10 years.

Looks very bleak....
...and why 10years instead of 1?
It's 10 years if she's caught and deported, because of her long period of overstay.

Jeff Albright
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Post by Jeff Albright » Sat Feb 09, 2008 12:26 pm

Mr Rusty wrote: but it's this sort of abuse which has now resulted in proposals for sponsors to pay bonds of (allegedly) £1000 for family visas.
All they do is simply copying the Australian immigration system, Mr Rusty. The UK Government learned this hard way over the years. The abuse will always be there if the system is slack. It is natural.

Jeff Albright
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Post by Jeff Albright » Sat Feb 09, 2008 12:27 pm

paulp wrote: It's 10 years if she's caught and deported, because of her long period of overstay.
Correct.

Twin
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Post by Twin » Sat Feb 09, 2008 1:46 pm

Jeff Albright wrote:
paulp wrote: It's 10 years if she's caught and deported, because of her long period of overstay.
Correct.
Is it really? Deportation as far as i'm aware usually takes where the immigrant had committed a grievous offence. In her case, if she's caught, she'll be removed for overstaying and probably at public expense which would only carry 5 year ban and she might have to repay the expense when the ban is lifted.

Removal is the word, not deportation.

Twin
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Post by Twin » Sat Feb 09, 2008 2:13 pm

The way I see it, the government better be prepared to spend a lot of money or grant amnesty to overstayers presently in the country.

The only way to exercise this rule effectively is by removing every caught illegal immigrant which of course would be very expensive or granting them an amnesty but use the new changes to deter prospective immigrants who see the UK as a soft touch for breaking the rules.

It's bad news for those who have left and have this mark of cain on them. They just have to sit tight. However, I doubt that even after serving the ban, the UK will be willing to lift it. It doesn't say anywhere that once the ban is served, they would be granted leave to enter if the requirements for entry are met.
Last edited by Twin on Sat Feb 09, 2008 2:30 pm, edited 1 time in total.

Twin
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Post by Twin » Sat Feb 09, 2008 2:16 pm

One question that's just popped into my head is:

As this is part of the General grounds for refusal, would it apply to leave to remain applications too? I mean applications made in the UK?

Twin
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Post by Twin » Sat Feb 09, 2008 2:28 pm

As long as the UK remains part of the EU and signed to it's convention, a lot of families have good chance of returning. Let's hope article 8 will still be in force. Of course, it would mostly work for families where the other spouse cannot leave the UK because of strong ties or medical grounds.

Most likely to work for blended families. Where say the wife had a child from a previous marriage and her ex husband has a contact order with his child but she's remarried to a non uk national.

The only mandatory part of this rule is the "deception" bit. What has been said is for the ECO to consistently take account of the previous immigration breach. It hasn't been said that an application must be refused if the applicant had been in breach of the immigration rules (except in cases where there has been deception as I earlier stated).

There is still some level of discretion here, I think. If the ECO is happy to allow an applicant in because he/she meets the requirements then he can do so. However, if he feels that the previous breach is a worry then he could refuse on general grounds and if he does, that is when the ban comes into force.

This is my understanding.

Jeff Albright
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Post by Jeff Albright » Sat Feb 09, 2008 3:15 pm

Twin wrote:The way I see it, the government better be prepared to spend a lot of money or grant amnesty to overstayers presently in the country.
The UK cannot afford it, Twin. Not in terms of money - in terms of reputation and their international standing as a destination for immigrants.
The only way to exercise this rule effectively is by removing every caught illegal immigrant which of course would be very expensive or granting them an amnesty but use the new changes to deter prospective immigrants who see the UK as a soft touch for breaking the rules.
It is possible to trace many illegal immigrants without a huge expense. Not sure if it is possible to prosecute and remove them all. The UK has been increasingly following the Australian model. If they continue doing so, they will be able to put things "right" quite soon.
However, I doubt that even after serving the ban, the UK will be willing to lift it.
No they can lift the ban, however, it is always possible for ECOs to argue that they would not be satisfied that the applicant would adhere to the conditions of their visa, because they have already breached them once.

Twin
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Post by Twin » Sat Feb 09, 2008 3:38 pm

The UK cannot afford it, Twin. Not in terms of money - in terms of reputation and their international standing as a destination for immigrants
What? You mean the UK cannot afford the expenses of removing all illegal immigrants or cannot afford granting an amnesty? I see...They looking to frustrate the illegals to leave on their own accord? Well...say in 20 years time. The illegals would have finally vacated the country all together.

Eventually, the UK will still have to grant some form of amnesty whether they like it or not except of course they have a lot of money to waste on appeals.
It is possible to trace many illegal immigrants without a huge expense. Not sure if it is possible to prosecute and remove them all. The UK has been increasingly following the Australian model. If they continue doing so, they will be able to put things "right" quite soon.
So, what did the Australians do to make this a success? How did they rid the country of illegals?
No they can lift the ban, however, it is always possible for ECOs to argue that they would not be satisfied that the applicant would adhere to the conditions of their visa, because they have already breached them once.
If the ECO refuses on that basis, that means he would have to place a second ban. That would be unlawful as no where in the rules does it say that the decision maker has this authority. He sure would have to find another ground to refuse.

JAJ
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Post by JAJ » Sat Feb 09, 2008 4:28 pm

Twin wrote: What? You mean the UK cannot afford the expenses of removing all illegal immigrants or cannot afford granting an amnesty? I see...They looking to frustrate the illegals to leave on their own accord? Well...say in 20 years time. The illegals would have finally vacated the country all together.

Eventually, the UK will still have to grant some form of amnesty whether they like it or not except of course they have a lot of money to waste on appeals.
If it takes 20 years to bring down the number of illegals then so be it. That is no reason for a defeatist "run up the white flag" attitude that would instead grant illegals access to welfare and the right to bring their family members to the United Kingdom.

Left to their own resources, many will go home. Others may be regularised on a case by case basis.

No open society will ever reduce the number of illegal migrants to zero but the numbers will be a lot higher if they are encouraged by an open door policy masquerading as "amnesty".

Wanderer
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Post by Wanderer » Sat Feb 09, 2008 4:47 pm

Like others have said previously what happens when when the economy takes a downturn - as it appears to be doing now? In my view the Gov has to do it now or it's too late. Billions are nothing to GB at the mo....

Take a look at the rubbish "Children Of Men" - could it happen? Not the no kids bit - the importation of workers and the forced repatriation at 60....?

Just a rubbish (and a book) I know but.....
An chéad stad eile Stáisiún Uí Chonghaile....

kg1983
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Post by kg1983 » Sat Feb 09, 2008 6:17 pm

I read Byrne's comments in Telegraph a few days ago where he said that the government is cosidering action to deal with the backlog. Not sure what that action would be but no other newspaper or other media sources reported this.

As someone mentioned earlier, I also believe that some sort of regularisation will have to be announced at some point in next 5 years. HO is already trying to remove people and grant ilr under legacy but I dont think they can meet the target of clearing 10,000 cases every month on top of new asylum/non-asylum cases.

http://www.telegraph.co.uk/news/main.jh ... nts131.xml

Twin
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Post by Twin » Sat Feb 09, 2008 6:43 pm

Left to their own resources, many will go home. Others may be regularised on a case by case basis.
My point exactly! Yes, a number of overstayers/illegals will eventually be frustrated out but that number will be nothing compared to those who will go underground. Some are prepared to die over here in poverty than to return to their home country to die in ABJECT poverty. Now, what would they do about those ones? Grant them some form of leave of course.

I think the hidden agenda of the Secretary of state is to reduce the number of illegal immigrants drastically and when they get to a considerable low number, they can look to regularise them in some way. I think the liberal democrats have a doable plan for this.

paulp
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Post by paulp » Sat Feb 09, 2008 11:00 pm

Twin wrote:Is it really? Deportation as far as i'm aware usually takes where the immigrant had committed a grievous offence. In her case, if she's caught, she'll be removed for overstaying and probably at public expense which would only carry 5 year ban and she might have to repay the expense when the ban is lifted.

Removal is the word, not deportation.
Are you sure that only those who have committed an offence, let alone a grievous offence, are deported? Haven't you heard of illegal immigrants being rounded up and send to the detention centres, pending deportation?

paulp
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Post by paulp » Sat Feb 09, 2008 11:03 pm

Twin wrote:The way I see it, the government better be prepared to spend a lot of money or grant amnesty to overstayers presently in the country.

The only way to exercise this rule effectively is by removing every caught illegal immigrant which of course would be very expensive or granting them an amnesty but use the new changes to deter prospective immigrants who see the UK as a soft touch for breaking the rules.
Why does it need to be expensive? The first step was supposed to be the introduction of ID cards. Once that's done, they can use the french system (and many other countries) of requiring everybody to carry their ID cards at all times. It's then a simple matter of police asking for ID and the "without papers" are shipped off to the detention centres.

Twin
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Post by Twin » Sun Feb 10, 2008 2:30 am

paulp wrote:
Twin wrote:Is it really? Deportation as far as i'm aware usually takes where the immigrant had committed a grievous offence. In her case, if she's caught, she'll be removed for overstaying and probably at public expense which would only carry 5 year ban and she might have to repay the expense when the ban is lifted.

Removal is the word, not deportation.
Are you sure that only those who have committed an offence, let alone a grievous offence, are deported? Haven't you heard of illegal immigrants being rounded up and send to the detention centres, pending deportation?
I've heard of illegal immigrants being rounded up and removed (maybe deportation on a case by case basis).

Maybe you need to explain the differences between administrative removal and deportation to me, please.

Twin
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Post by Twin » Sun Feb 10, 2008 2:32 am

paulp wrote:
Twin wrote:The way I see it, the government better be prepared to spend a lot of money or grant amnesty to overstayers presently in the country.

The only way to exercise this rule effectively is by removing every caught illegal immigrant which of course would be very expensive or granting them an amnesty but use the new changes to deter prospective immigrants who see the UK as a soft touch for breaking the rules.
Why does it need to be expensive? The first step was supposed to be the introduction of ID cards. Once that's done, they can use the french system (and many other countries) of requiring everybody to carry their ID cards at all times. It's then a simple matter of police asking for ID and the "without papers" are shipped off to the detention centres.
It would be expensive because a lot of the caught immigrants will be removed at public expense. Not only at removal but whilst they are in detention, they will be clothed and fed...i'm sure you're aware of that. Where does that money come from? From people like you (tax payers).

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