How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am being asked by a friend, a Sri lankan, to act as guarantor

Customer Question

I am being asked by a friend, a Sri lankan, to act as guarantor in an application to stop his familiy's deportation to Sri lanka. What are the implications for me if he should subsequently abscond? What are the chances, given the improved situation in Sri lanka, that he, his wife and 2 children will be granted leave to remain in this country. Would I merely be prolonging the agony
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are you sure you are being asked to be a “guarantor”, as opposed to a sponsor who can speak to the good character of the applicant
2. Is this in regard to actually deportation proceedings which have been issued?
3. Have they come to the country illegally

Kind regards.
Tom
Customer: replied 2 years ago.

1. Yes, guarantor.

2. Yes, the flight is booked for 9pm tomorrow. Their solicitors are awaiting an imminent report from "Human Rights Watch" and if that is strong enough to justify a High Court challenge want my wife and I to act as guarantor.

3. Yes, although they did not realise it at the time, they had been sold fake work visas.

Expert:  Thomas replied 2 years ago.
Hi,

Okay. Are the solicitors asking for you to guarantee their fees for acting on behalf of the family?

Tom
Customer: replied 2 years ago.

No not to my knowledge

 

 

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
You need to check with the solicitors acting but I think what they are asking is for you to act as guarantor in a bail application by them in order to get the family released from detention so that they can conduct their application until determination.
In the bail application it will state how much money you are to stand for so that the court can consider whether to grant bail. You need to check the amount of money they are asking for. This will be limited to a certain amount but get confirmation of the limit. if they then abscond you will have to release this money to the Court. You would not be able to claim it back but the extent of your liability will be limited to the amount you have guaranteed and no more.
As to whether this is worth it you will need to speak specifically to the solicitors acting as to whether their current application will be successful. They will be able to advice you on the prospects of success.
Ask if this is unsuccessful whether they anticipate a different application will be made (ie. asylum possibly). If a further appicatoin will be made in the event of rejection then you need to consider who is to pay the fees of the solicitor for this. If the family can’t pay then it would not be wise to act as guarantor because 1) the chances that they will abscond may increase and 2) there is a decreased likelihood that they will eventually secure their leave to remain.
You need to be advised fully on 1) the monetary limit of the guarantee 2) the prospects of success in securing leave to remain in this application 2) the prospects of success in securing leave to remain based on a further application after any current rejection. The solicitors will be able to advise and you will then have to make a personal judgement on whether the chances of success versus the money you may forfeit is worth it having regard to your own personal financial circumstances and your motivation to help this family.
I will say that coming on false visas is an extremely bad position because it prejudices them very badly. They may well have not willfully obtained/received these but the UKBA take the view that it is the applicants responsibility to ensure they have the right visas irrespective of who they instruct to get them, as cruel as that sounds.
It’s a tricky position and that’s the long and short of it I’m afraid. No easy answers regrettably.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
You will not be charged any further money for clicking accept.
Kind regards,
Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Tom,

 

Thank you for your advice.

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience