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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hi! My fiance is in immigration custody since this morning.

Customer Question

My fiance is in immigration custody since this morning. he is been held in local immigration center in solihull birmingham . can i visit him? on weekend
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Yes you can book a visit.

For more information please go to:

Please remember to click accept or rate my answer so that I am credited for my time. Thank you
Customer: replied 4 years ago.
Thanks. I will go there tomorrow morning..
When will he be transferred to ukba detention
Center? Right now he is in local immigration center
I am worried for him
Expert:  UK-Justice replied 4 years ago.
Do not be worried he will be looked after.

Please remember to press accept.

Please remember to click accept or rate my answer so that I am credited for my time. Thank you
Expert:  Awan-Legal replied 4 years ago.

You should be able to find out tomorrow when you visit what the next steps are. He should have been served with papers explaining why he has been detained. Are you aware of why? Depending on the reasons and assuming removal is not imminent (i.e a flight has not been booked back for him) then it is is worth putting in a bail application to have him released.

Please accept my answer so we can continue to engage as this will not end our conversation, thanks.

You can ask me any further questions.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
I just spoke to him and he is taken to morton hall detention center now.. what are the requirements for bail?.. reason he is been taken there is that someone made a complain against him
Expert:  Awan-Legal replied 4 years ago.
Thanks for the accept and further information. What visa did he have? What kind of complaint was it?

He can apply for bail with a surety (someone who is willing to offer money in case he runs off), a set address for him to stay at and certain other conditions as explained in this link:

He will need form B1 to start the bail process and a hearing should be listed within a few days before a judge for bail.
Customer: replied 4 years ago.
Hi i just spoke to him and he told me that someone made complain against him that he overstayed in uk while in real his case is still being decided and is in homeoffice.. To me it looks clearly like a mistake but problem is nobody is seeing him from ukba office while the booklet he got in detention center says someone will have a word with him withon 24 hours.. We are badly stuck.. Im expecting his baby and there is noone to look after me .. We have been religiously married and were goong to give notice at registrar notice on 6th of june.. I am a european by the way..
Customer: replied 4 years ago.
Here are the details he emailed me a min ago
please advise us what shall we do

Quick over view

feb 2004 came as student
june 2008 - june 2010 Got IGS and PSW ( post study work 1 year and International graduate scehem 1 year)
june 2010 applied for Tier 1 general ( application refused on august 2010)
i contested the decision in tier 1 tribunal and upper tribunal. Whole process took time and in march 2010 upper tirbunal refused my
March 2011 solicitor advised to apply for judicial review and get paper work and judicail review can be reuested within three months.
June 2011 circumstances changed and solicitor advised to apply for discretionary leave to remain.
Applied for duiscretionary leave to remain in june 2011 and it was refused in august 2011.
refusal clearly stated if iam served with deportation notice then appeal can arise.
i requested reconsideration. Reconsideration was ackniowledged and letter sent confirming it in september.
from sep 2011 to up untill of today ( 27 / 05 2012) no responce from ukba. Contacted ukba tons of time no update advised to keep waiting.
sent case worker 10 letters recorded service no responce.
mkade compliant to head of departmenmt david fyffe who apologise for delay and asdvised ukba are aware of the delay and distress it causing me and they
have prioritize my case . this letter was received on 15 march 2012. no update recived from ukba aftre that.
Ukba enforcemnet team picked me up from home at 25 - 05 - 2012.

they served me with IS.151A
Statment of reason was that my case for leave out side rule ( discretionary leave ) was refused on 09/08/11. and appeal rights were exhausted on 25/ 11/ 11 and iam defactor overstayer.

reason for detention is

your likely to abscond if give temporray release
insufficient information to decide if to grant you temporary leave
you have previously fail to comply with condition of your stay.


If my case was recondisered how have i not comply with condition of stay as i was told repeatedly by ukba in letters and phone calls to wait.
My marraige appoinment is booked with harrow council on 6th of june 2012.
My partner is european ( norwegian) national living with me since feb 2012. bills and bank letters as proof of address for her.
No criminal conviction.
My right of appeal not exhausted as refusal before reconsideration clearly stated in case of deportation appeal arises.
Expert:  Awan-Legal replied 4 years ago.

You should definitely put in a bail application and explain these issues as it is manifestly unfair for them to detain you while your application for reconsideration is pending - in particular as removal is not imminent if the reconsideration is still pending. You should take evidence of the reconsideration still pending as mentioned above.

Also, you should mention in bail that you wish to marry and have the right to marry. This is not in Breach of immigration as the family member of an EEA national does not have to have former legal residence (although you are not married yet) and in any event you had a pending reconsideration at the time.

It is advisable for you to get a lawyer to explain the law.
Customer: replied 4 years ago.
Hi thankyou very much for a detailed response.. Booklet he got from detention center says someone will see him within 24 hours but its been almost 48 hours now and people who were detained after him has been interviewed. Would they realize their mistake and let him go without bail? And how long will it take after bail application. ?

I will see his lawyer tomorrow.. Its sunday and i dont want any time to be wasted.
Expert:  Awan-Legal replied 4 years ago.

Which interview are you referring to? This is unlikely to warrant release but it is still worth pointing out.

Once a bail application is submitted, a hearing is usually set within 2-3 days and you will receive the decision on the day.

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