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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7407
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am being asked by a friend, a Sri lankan, to act as guarantor

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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
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.
Customer: replied 4 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.


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

Customer: replied 4 years ago.

No not to my knowledge



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.
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Kind regards,
Thomas, Solicitor
Satisfied Customers: 7407
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.



Thank you for your advice.

No problem.

Good luck.


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