Background:Myself and my brother came to this country as dependants in our mother's passport in July 1983. My brother had just turned 4yrs (D.O.B 14/06/79) and myself just turned 3ys (D.O.B 03/07/80). The entire family (mum, dad, 2 sister's, bother and myself) receieved our indefinate leave to remain in 1998 and all except my brother have British Citizenship.My brother got in trouble with the law and served 6 months between July 2011 and released January 2012. Prior to his release he was told that their is an immigration case against him and he had to provide a number documents to prove he is who he says he is as they had him as an overstayer. Myself and aunt had to stand as asuraities for his release and he was given until 19/04/12 to produce the documents and evidence. He has now supplied all documentation from his primary, secondary and college education in the UK, to proof of working in the UK, marriage certs, childrens birth certs. All documentation has been submitted since 10/02/12. He is Married and has 4 children ( 10yr old twins - from a previous relationship and 2 girls 5&4yrs and another one on the way) His wife unwell due to her pregnancy and so very dependant on him.After the timeframe that was given he is still being asked to sign in at immigration every Thursday and for myself and aunt to continue to stand assurity for him. They did not write to us to notify us of the request.Question: If they have not completed their admin - how can they justify continuing to place him on these regulations and can they ask us to continue to stand assurity without putting it in writting or contacting us directly.
Province/Country relating to question : UK - London
He has legal aid allocated from when in prison, but now he's out they have not done anything to help.
HiThanks for your question. To enable me to answer your question could you please respond to the following:-1. Are you certain that he has indefinite leave to remain stamped in his passport2. What nationality is his wife3. What nationality are his childrenKind regards.Tom
1. Very sure, I had to copy all documentation submitted and we all received the stamp at the same time.
2. His wife is British - I'm sure as she's also my best friend and we have been on holiday together, so I've seen her British Passport
3. All his children are British and born in UK London Hospitals
Still awaiting a reply.
I could also forward a copy of his passport and submited evidence.
HiThanks for your reply.It’s unusual that they would be keeping so close an eye on him after he has obtained his ILR. ILR can be revoked in the even that is has subsequently be found to have been obtained fraudulently (eg. False documentation) or because it is in the public interest. I think that the controls placed upon him are because they have concerns about his character. Rightly or wrongly they interpret having been convicted of a crime as indiciative of a deficiency of character and this would be the reason why they are demanding this of him. Whatever has been required of you and your aunt is not enforceable against you in terms of your immigration status or if they attemped to hold you civilly liable (eg. Tried to claim monetary costs from you). The simple reality is that if he has obtained ILR and has a British wife and children then they would not be successful in attempting to deport him. That is why they have not issued deportation proceeding and why they are not likely to do so in the future. However, it is best to comply with the demands provided they do not detriment his ability to provide to his family simply because it is pragmatically sensible not to antagonise the UKBA.If he did not comply then it’s possible they may issue deportation proceedings (but unlikely). The only downside to this is that he would be forced to go through the hassle of defending the proceedings. I still think it unlikely that they would issue deportation proceedings. 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.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
I really wanted to know if they can justify placing these continual demands and if we have grounds to ask them to clarify and justify why they are continuing to make these demands. Can the UKBA be challenged?
He is working with probation to find a job, drops off and picks up his children from school and also supporting his wife though a hard pregnancy.
This means that he is having to leave his pregnant wife to attend and sign on, wasting his time that he could be ustilising to job search or use his time more effectivley. I do not wish to antagonise them but feel they need to be made accountable for making unjustified demands on an individual who is clearly legal in this country.
This is placing a lot of stress on the whole family.
Hi, I'll answer in the morning, if that's okay. Tom
Thanks. Around 9.30 probably. Tom
Hi, Part of the UKBA's remit is not only to ensure that persons have leave to remain in the UK but also that if a person has been granted leave to remain then to ensure that it is in the public interest that it should not be revoked. This is what is happening with your brother. Ultimately, he can challenge their authority by not attending the appointments and effectively inviting them to seek his deportation which he would be confident of defeating. However it would probably be that although the tribunal would not order his deportation they may continue to agree that he should be monitored because of his conviction. If he did not comply with a court order stating he should attend appointments then it would be contempt of court. So, on the one hand he may be successful and not be deported and no longer be required to go the meetings (ie. if no order is made in this regard) but on the other hand he may be successful in not being deported but receive an order to attend, which would have potential criminal proceedings if he did not. So it's a risk to challenge it formally in this way. I would suggest that an apppointement with an immigration solicitor is arranged so that the solicitor can write to the UKBA to ask them to clarify what they consider him to be a risk of, for how long they presently intend to request his attendance, what is the plan to scale this down and what is the objective criteria to scale this down so that he can comply. They may be willing to discuss and it would certainly show that he is proactively seeking to rehabilitate himself. Trust this clarifies, please click accept. Kind regardsTom
BA (Hons), PgDip, Practising Solicitor
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