home office

[F1234]

does anyone know how long home office take to act on a case and detain and deport someone my marriage broke down and my husband is on a spouse visa but i have withdrawn my support

[vinny]

It should be borne in mind that the curtailment provisions are discretionary. Therefore curtailment should not follow automatically if one of the above criteria applies. When curtailing a person's leave the burden of proof rests with the Secretary of State. Careful consideration should accordingly be given to all the person's circumstances.

5. CURTAILMENT WHEN A MARRIAGE BREAKS DOWN

Where we have been notified that a marriage has broken down during the probationary period, a person's stay in the United Kingdom may be curtailed where more than one month of their leave is remaining. (See also Chapter 8, Section 1, Spouses.)

They may choose not to act.

Why has your marriage broken down? Perhaps the chicken and the duck and the emperor's three questions may be of help.

[F1234]

what so they would just let a person stay here and when his visa also expires do nothing about it... marriage has broken down cuse of domestic violence and many other reasons. and HO have been informed of this.

[vinny]

... marriage has broken down cuse of domestic violence and many other reasons. and HO have been informed of this.

Did you also inform the police?

[F1234]

yes i have informed the police who are going to be questoning him on wed and i also saw a immigration lawyer and my lawyer sent an extremely urgent letter to bristol HO and Crodyon along with his passport to say curtail his leave. so on wed when he is going to be questioned the police officer is going to ring HO and ask shall we keep him here for u to collect. what u think the chances are of it happening and him going?

[vinny]

what u think the chances are of it happening and him going?

Under the circumstances, probably good chances.

[F1234]

he has 6 police incidents with referance to him, and i have doctors reports etc of what happeend to me also and on one occassion i was in hospital and they have also made it clear to home office he is only hear for the passport and right to stay in UK and he will do anything to stay here even if it is illegal.

[martha]

Hiya,
Sorry to hear you are going through this at the moment.
Have you started divorce proceedings yet? It not, then it would be a good idea to. (Going through similar things at the moment.)

When does his visa expire?
It's good that you have informed the HO. As you have withdrawn your support your husband, after his visa expires, has no legal right to stay.

I was also worried that my h might try to get another visa. Yet I was reassured that to do so he would need to return to his country of birth and reapply there. So the same should apply for you in your situation with your husband.

Continue to get as much information as you can. It will help your case.

Where is your husband from? Just curious

If he requests his passport back in the meantime, and he is allowed it back,then that perhaps would be better for you if he left voluntarily. But should he try to enter the UK again then immigration should stop him and prevent him entering, as spouse visa support has been withdrawn.

But if you are certain that your marriage is over, then start divorce proceedings as soon as you can. That would be my advice.

Come back and let us know whats happening. The more we know the better we can help.

Take care

[F1234]

Hiy martha yes i did read your story in another topic sorry to hear this... my husbands visa doesnt expire till feb 2009 and i want him deported before then so i am really hoping the home office do something ASAP i just hope on wed when the police question him and ask HO what to do with him they decide to deport him...he has made my life hell and i just want him out UK.

[Frontier Mole]

The chances of deport are close to nil. Too many other priorities, unless he is charged and prosecuted with a 2 year plus sentence. Administrative removal is all you can hope for. Even then there is every chance that might not happen readily. Depends on the country of origin and any appeal process he enters into.

He will certainly not get a visa extension as long as you have the evidence and maintain contact with UKBA. After that it is anybody’s guess what will happen.

Long haul and little joy at the end of the journey. Sorry!

[Jeff Albright]

i want him deported

This is not your decision, isn't it? You have no right or power to make decisions like this no matter what your circumstances are.
He is there legally and is still leaving with you so technically no conditions of his visa have been breached. The HO will not have any power to remove him on that basis. BIA has no legal tool to curtail someone's visa purely on the basis of domestic violence.
If you are being abused, you should contact the police, which you have already done. Everything else is out of your hands. Police will deal with it and not BIA and police will liaise with BIA if necessary. There are standard procedures.

..he has made my life hell and i just want him out UK.

If you want him out of your house, that would make more sense. You collect sufficient evidence, make a complaint to the police, see a solicitor and on the basis of the evidence you have, obtain an injunction order against him through the court. But you have no power to get him out of the country - it is not your decision and not up to you.
If he is out of your house for whatever reason, then technically he will no longer be living with you and will no longer be meeting the requirements of the Rules for his spouse visa. Then BIA will have the power to curtail his visa but the experience shows that they don't do it very often because there is also a complicated multi-stage procedure including the interviews, filing reports by Immigration Officers, then shuffling his file between various departments in BIA before it gets to someone who is in position to make a decision. Even if a decision is made to curtail, it may take a year or more before any action is taken. You have no control on this.
Suggest you follow the correct procedure.

[F1234]

i have been talking to a lawyer and he will be deported and i spoke to HO today and they also confirmed yes it may take a few weeks but it will be done. Just a matter of time now he has no leg to stand on here he has been in trouble with police many times here etc, and also proved he is only here for the visa.

[johnboy096]

i have been talking to a lawyer and he will be deported and i spoke to HO today and they also confirmed yes it may take a few weeks but it will be done. Just a matter of time now he has no leg to stand on here he has been in trouble with police many times here etc, and also proved he is only here for the visa.

I think your Immigration Lawyer is slightly exaggerating, In the UK he has the right to an in-country appeal, so he if he exercises that right, he'll be prolong his stay short-term.

The police being involved doesn't really have a bearing in all circumstances, as it's an Immigration issue.

But i wish u good luck, perhaps he'll do something and they'll have no alternative but to detain him.

Out of curiousity where's he originally from? Pakistan?

Good luck!

[F1234]

hes from Hyderabad in india... well lets hope for the best.

[Jeff Albright]

i have been talking to a lawyer and he will be deported and i spoke to HO today and they also confirmed yes it may take a few weeks but it will be done.

Don't be that naive. I had very similar situation in the past and know exactly how it works.
What difference does it make TO YOU if he is removed from the country or not? Understandable if you want him out of your house, which is YOURS. But as an ordinary citizen you have no power of making decisions for the country or for the Government. You were his sponsor only within the terms of his visa but you do not possess him, as such have no right to dispose of his life and fate.
Let me ask you - Is it some kind of vengeance act from you? From the tone of your conversation it does sound like this. One more thing from the experience - acting in vengeance or any sort of vindictive behaviour is not welcomed and you may put yourself in trouble eventually - so my advice to you is to act within the boundaries of the law and common sense.

[Jeff Albright]

In the UK he has the right to an in-country appeal, so he if he exercises that right, he'll be prolong his stay short-term.

There is no right of appeal against the curtailment of visa Johnboy.

[vinny]

3.5 Variation of a person's leave to enter or remain in the UK if, when the variation takes effect, the person has no leave – s82(2)(e)

There is a right of appeal against a decision to vary a person’s leave to enter or remain so that they have no leave. This is generally known as ‘curtailment of leave’. The right of appeal under section 82(2)(e) may usually be exercised in the UK, subject to certain exceptions and limitations.

[F1234]

i want him gone because he is really dangerous he stalks me is obsessed with me, wont even divorce me thinks i am his, if he was a normal person i would be happy to go our seperate ways and he do what he wants stay or go his choice, but circumstnces are not this. lets see what happens today anyway.

[martha]

I understand your frustrations.
You can divorce your husband, regardless of whether he agrees or not. You have satisfactory grounds for divorce.
A UK divorce takes approx 3 months. If your husband contests it can take approx 6-9months.
What stops you from starting this proceedure. I assume it is a UK civil divorce?
If you leave it and he leaves for India, then it is more costly regarding solicitors.
At least while he's here, you know where he is.
Regarding the visa. That is his as such until it expires in 2009. Even if the HO decide to deport him, then I would also say he can appeal.
If he bothers you and you fear he might again physically harm you, if a court injunction is issued and he breaks it, then he could go to prison.
Obviously he will try to do anything to stay here. You have been his sponsor. But he cannot get another type of visa to be here unless he goes home and applies.
Apologies if I have repeated my posts, and that of others. But start a divorce, why not?

[Frontier Mole]

If you are expecting the UKBA to detain him and remove him any time soon you are chasing rainbows.

UKBA will not detain an individual just because they are now an unsupported spouse visa case. There are thousands of like cases in the UK. Even with visa curtailment he will not get detained. He might have reporting restrictions placed on him. Even then I would be somewhat surprised.

The problem for any UKBA decision is the amount of work versus the return. Visa expires in Feb 2009 - easier and more productive to wait as certainly will not be renewed. Curtail now and it will involve a large amount of evidence gathering and case working. Even with the evidence there will be a right of appeal that could take months to conclude. UKBA can not just curtail on the say so of the sponsor!

You seem to think your personal issues are there to be resolved by UKBA. The visa only grated limited entry - nothing else. It is not issued to ensure subsequent good behaviour. It was issued, with your sponsorship, so you can live together in the UK. The two year renewal is there to test the relationship and the continued subsistence of the marriage. In your case the “trialâ€

[FlandersFields]

Harm & compliance are the watch words at the moment. Harm in the wider sense of the community not individuals.

I’ve read this forum thread with interest and it holds a lot of similarities to my case. We married, obtained the probationary visa from Croydon and he then walked out on me within 5 weeks and burgled both my possessions at home and my parent’s house in the process!

He was arrested and subsequently charged by police for burglary and theft; and when police then raided his new place at 3am they found all sorts of stolen property that now remains in a police lock-up pending a full trial.

I received a letter from IND’s ‘Harm and Compliance team’ in Jan 2008 notifying me that they had decided to curtail his leave but know that he is still in the country. I understand that this is due to his current police bail conditions and the fact he has found excuses to delay the Magistrates’ Court hearing and now Crown Court hearing 3 times now.

I have obtained a 12-month detailed injunction from the local District Court forbidding him from approaching either my work or home within a 1 mile boundary given his historical violence and abuse which, protects me until early Feb 2009.

1. What I would like to ask, however, is that given my (ex) partner is using the Court proceedings as an excuse for staying in the UK for as long as possible when I be better off withdrawing the charges I brought against him so that he no longer has an excuse to not return to his home country?

2. I am aware that his visited his home country in May 2008 for a fortnight holiday and was re-admitted to the UK; when IND curtail visas which I understand have no right of appeal – do they cancel the visa on IND’s main computer so that it shows up as they pass airport immigration or what is the process that people pick up on this?

3. How proactive are the Harm & Compliance Team once the decision to curtail someone’s leave has been made?

[Mr Rusty]

Flanders Fields,
I'm puzzled by your post. Did UKBA actually revoke his Leave to Remain in January?
If so, and he left the UK and returned in May, de facto he "entered without leave", therefore he is an illegal entrant and liable to be arrested and removed. How he was allowed in is another matter, but the fact that he was doesn't mean that action can't be taken.
Even if he appealed against the revocation of leave, the appeal should be deemed abandoned when he left the UK. He came back without any rights at all.
Phone up your local immigration Office and talk to them about it. If there's a good chance he can be removed, the police may be prepared to take no further action.

[FlandersFields]

Flanders Fields,
I'm puzzled by your post. Did UKBA actually revoke his Leave to Remain in January?
If so, and he left the UK and returned in May, de facto he "entered without leave", therefore he is an illegal entrant and liable to be arrested and removed. How he was allowed in is another matter, but the fact that he was doesn't mean that action can't be taken.
Even if he appealed against the revocation of leave, the appeal should be deemed abandoned when he left the UK. He came back without any rights at all.
Phone up your local immigration Office and talk to them about it. If there's a good chance he can be removed, the police may be prepared to take no further action.

Thanks Rusty, I'll try giving them a call on Monday. He went home mid-May and returned to the UK at the end of May. Your right, they did decide to revoke his LTR in either late December or early January and they then sent me the letter notifying me of this. What I am thinking is that they only wrote to him and didn't actually get his passport. Thus, he waved it past Immigration on his return and since it didn't contain a cancelled stamp waved him through. Do they link up foreign passports/visas and their warning index still or just where they suspect an issue?

[republique]

1. What I would like to ask, however, is that given my (ex) partner is using the Court proceedings as an excuse for staying in the UK for as long as possible when I be better off withdrawing the charges I brought against him so that he no longer has an excuse to not return to his home country?

The charge against him does not prevent him from returning to his home country so I would not withdraw it

[Mr Rusty]

"What I am thinking is that they only wrote to him and didn't actually get his passport. Thus, he waved it past Immigration on his return and since it didn't contain a cancelled stamp waved him through. Do they link up foreign passports/visas and their warning index still or just where they suspect an issue"

I'm sure that's exactly how it happened, and it suggests that information about revocations of leave is not transferred to the database that immigration officers use on the passport control - quite a loophole really, as he'd have gone back on the next plane if his details had been notified.