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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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My friend is a failed asylum seeker who is unable to go back

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My friend is a failed asylum seeker who is unable to go back to her home country because she cant get any travel documents, she has been in the uk 6 year. She married a pakistani national here on a visit visa and had a child who is now 4 years old.
Her husband did not disclose his marriage to his family but continued to come to the uk to be with his wife and child on a multiple visitor visa. He continued to make visa application giving the reason that he is going to the uk to visit friends and stayed upto 5 months on every trip, but never over stayed.
Currently on christmas eve he was stopped by immigration due to his long stays, in the interview he told them that he comes to be with his wife and child. Instead of allowing or refusing him entry, they put him in detention, he has been in detention since the 24th of december. So far he has not heard anything from them.

Please advice what his rights are? what he can do to get out of detention and be with his wife and child? A good lawyer who can help, preferably not expensive.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

I am afraid he misrepresented the facts to obtain his visitors visas which is why he has been put in detention.

This is an extremely complex matter and certainly cannot be dealt with on this Q&A site. He needs a good lawyer to represent him and perhaps make a human rights application.

This case could cost a few thousand pounds in legal fees by my estimate, so I suggest you contact this charity for further assistance:

Good luck.
Customer: replied 5 years ago.
Thankyou very much for your answer, just one small additional question in regards XXXXX XXXXX previous, how long can UKBA legally keep hi in detention without making any decision ?

Expert:  UKSolicitorJA replied 5 years ago.
On average, people are kept in detention for 2 months but it can also take much longer than that.

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