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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I came to UK on HSMP visa with my wife and daughter in March

Customer Question

I came to UK on HSMP visa with my wife and daughter in March 2008. After initial visa period of 2 years myself and my wife did not apply for FLR. Our daughter who was married in Pakistan in Sept 2008 and she had sponsored for her husband's visit to UK but visa was refused to him. Our daughter did not go back to Pakistan and applied for extension under FLR(O) in March 2010 which was not allowed by Home Office. Her appeal was also not successful and she is living in UK illegally against her husband's and our wishes.
What legal steps be taken for her deportation from UK? Please advise.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 1 year ago.
Thank you for your question. Are you asking what steps you can take to have your daughter deported from the UK?
Customer: replied 1 year ago.

Exactly, I am asking what steps I can take to have my daughter deported from the UK who is staying illegally here?


Her date of birth 2nd February 1991. She came to UK in March 2008 as my dependent child.

Expert:  Senior Partner replied 1 year ago.
Thanks for the further information. If your daughter is her illegally then you can report her to UKBA - there is a confidential reporting line. See here:
http://www.ukba.homeoffice.gov.uk/aboutus/contact/report-crime/

However as your daughter is an adult and has been here for some time she may well have a defence to any attempt to deport. I note that she was 17 when married and if this was an arranged marriage which she does not wish to continue she may well be able to resist deportation on that ground. It is quite likely if it is seen that you and her husband are trying to force her to return to Pakistan against her wishes that she might be able to use that to defeat deportation . You might be better to persuade her to return home.
Senior Partner, Solicitor
Satisfied Customers: 13248
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I am not satisfied with legal advice of your expert that I should persuade my daughter to return home. Instead of that can't I make a case for her illegal stay in UK and she may be convicted under the law and thereafter she may be deported on completion of sentence? Where should I report in writing about her illegal stay? With Police or with Immigration and Asylum Tribunal? Please elaborate.

Customer: replied 1 year ago.

Relist: Answer quality. I am not satisfied with legal advice of your expert that I should persuade my daughter to return home. Instead of that can't I make a case for conviction due to her illegal stay / illegal working in UK under the law and thereafter on completion of sentence she may be deported as per law? Where should I report in writing about her illegal stay? With Police or with Immigration, Asylum Tribunal or other court? Expert should advisequoting the relevent law for penalt of overstay or illegal stay and illegal working in UK.

 

Once she has already been refused extension on FLR(O), can she submit anyother plea for furher stay in UK like Asylum or Humanitarian ground?

Expert:  Senior Partner replied 1 year ago.
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Customer: replied 1 year ago.

Relist: Other. Please refer the matter to any immigration law expert.The present expert does not seem to have sufficient legal knowledge about this matter. The expert did not mention the law under which people can be prosecuted for illegal stay or overstay. He also did not refer to law whereby illegal employee or employer can be prosecuted.

Customer: replied 1 year ago.

Instead of persuading my daughter to go home,can I make a case for her illegal stay in UK and she may sentenced under the law and thereafter she may be deported? Where should I report in writing about her illegal stay? With Police or with Immigration and Asylum Tribunal? Please elaborate

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