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Grandmother deported after ILR revoked

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Casa
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Grandmother deported after ILR revoked

Post by Casa » Sun Feb 26, 2017 6:14 pm

Grandmother Irene Clennell has sadly lost her fight to remain in the UK after ILR was revoked due to time spent outside of the UK during her 30 years residence. She was deported to Singapore today, leaving behind her British husband of 27 years, British children and grandchildren

https://www.buzzfeed.com/emilydugan/a-g ... .of3MoymyV
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Re: Grandmother deported after ILR revoked

Post by Kashif_Hussain » Sun Feb 26, 2017 9:04 pm

Not long ago, Britain was "Great" but sadly not anymore...

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Re: Grandmother deported after ILR revoked

Post by seagul » Sun Feb 26, 2017 9:53 pm

Why she hadn't applied UK citizenship long ago.
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Re: Grandmother deported after ILR revoked

Post by bathanza » Sun Feb 26, 2017 9:58 pm

Read this today, was pretty upsetting knowing that sort of power is exerted. Not like she posed a threat to the UK now did she. Wonder what the full story is as some route could have been sought after? Article 8 FLR FP if they cannot afford the 18k spousal? Shame really..

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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Re: Grandmother deported after ILR revoked

Post by vinny » Sun Feb 26, 2017 10:35 pm

Apparently, she didn't currently have ILR to be revoked.
A Woman Is Facing Deportation After Living In Britain For Nearly 30 Years wrote:She has been using visitor’s visas for several years now while application after application for leave to remain has been rejected.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Grandmother deported after ILR revoked

Post by seagul » Mon Feb 27, 2017 7:38 am

Case finally reached in BBC where home office says she had lost her residential status and they can't tolerate that and any new application will be dealt with its own merit.

http://www.bbc.co.uk/news/uk-39099574
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Re: Grandmother deported after ILR revoked

Post by Casa » Mon Feb 27, 2017 9:07 am

vinny wrote:Apparently, she didn't currently have ILR to be revoked.
A Woman Is Facing Deportation After Living In Britain For Nearly 30 Years wrote:She has been using visitor’s visas for several years now while application after application for leave to remain has been rejected.
Thanks for the link Vinny.

My understanding is that after her ILR was revoked due to being out of the UK for over the permitted 2 years caring for her parents in Singapore, she had been entering on a series of visitor visas.
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Re: Grandmother deported after ILR revoked

Post by vinny » Mon Feb 27, 2017 9:38 am

I wonder if she initially tried to apply for entry clearance as a returning resident?
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Re: Grandmother deported after ILR revoked

Post by chickpea » Mon Feb 27, 2017 11:46 am

I logged in today to see what the board here had to say on this, particularly moderators.

I am concerned and angry about the outcry. Is more known that is public that I haven't seen? My understanding from what I have read is that she was in the UK on and off for 30 years but never had an ILR. The story I read said she had LTR and sometimes used visitor visas.

Please correct me if I am wrong but my understanding is:
1. If you enter as a spouse on a visitor visa you cannot apply to stay. Also that it may jeopardise your chances of success for a LTR or ILR visa?
2. That we don't know how many times she has entered and left, or how many times she may/may not have overstayed a visa. Possibly many, over 30 years?
3. That while people are screaming about the minimum salary req't, we all have to deal with it and there are ways around it through savings etc etc. So yelling about that being the "reason" for deportation just makes me angrier. Didn't the court uphold the req't? Anyone know how long the ££ req'ts have been in place? (I am guessing a long time.) [Edit: found post here that says since 2012]
4. We don't know if she was warned once or many times that her failure to obey rules and stay without a valid visa would result in deportation... correct?
5. Finally, only she and the HO can know the details and obviously the HO cannot discuss her case specifically due to data protection laws etc.

I'm so tired of arguing with people who think that just because someone is a spouse of a citizen they can walk in and stay! We have all, here. worked very very hard to obey the rules and jump through the hoops. They are a pain, yes, but they exist because people abuse rules and laws. So we have to obey them. It's part of being in a democracy.

Interested in others' thoughts. I definitely think the circumstances in this case were sad and terrible etc., but I think we don't (can't) know enough to make a judgment call here. Can we?!?!

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Re: Grandmother deported after ILR revoked

Post by Casa » Mon Feb 27, 2017 12:41 pm

chickpea wrote:I logged in today to see what the board here had to say on this, particularly moderators.

I am concerned and angry about the outcry. Is more known that is public that I haven't seen? My understanding from what I have read is that she was in the UK on and off for 30 years but never had an ILR. The story I read said she had LTR and sometimes used visitor visas.

Please correct me if I am wrong but my understanding is:
1. If you enter as a spouse on a visitor visa you cannot apply to stay. Also that it may jeopardise your chances of success for a LTR or ILR visa?
2. That we don't know how many times she has entered and left, or how many times she may/may not have overstayed a visa. Possibly many, over 30 years?
3. That while people are screaming about the minimum salary req't, we all have to deal with it and there are ways around it through savings etc etc. So yelling about that being the "reason" for deportation just makes me angrier. Didn't the court uphold the req't? Anyone know how long the ££ req'ts have been in place? (I am guessing a long time.) [Edit: found post here that says since 2012]
4. We don't know if she was warned once or many times that her failure to obey rules and stay without a valid visa would result in deportation... correct?
5. Finally, only she and the HO can know the details and obviously the HO cannot discuss her case specifically due to data protection laws etc.

I'm so tired of arguing with people who think that just because someone is a spouse of a citizen they can walk in and stay! We have all, here. worked very very hard to obey the rules and jump through the hoops. They are a pain, yes, but they exist because people abuse rules and laws. So we have to obey them. It's part of being in a democracy.

Interested in others' thoughts. I definitely think the circumstances in this case were sad and terrible etc., but I think we don't (can't) know enough to make a judgment call here. Can we?!?!
Unless the BBC have mis-reported the facts, you will see from the previous link:

Mrs Clennell, who had been living in Chester-le-Street, was given indefinite leave in 1992 to remain in the UK after her marriage - but this lapsed because she lived outside the UK for more than two years.

My intention when opening this thread was primarily for members to be aware that ILR can be lost if excessive time is spent outside of the UK. :idea:
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Re: Grandmother deported after ILR revoked

Post by Wanderer » Mon Feb 27, 2017 1:40 pm

As we all know, ignorance of the law is no defence, she messed up, full stop.

Whilst leniency would be nice in these situations we all know what the effect is, people jumping on the bandwagon and clogging the courts at the tax-payers expense.

Rather than castigate the UKVI for applying the rules, lets look at this under-current we have in Ingsoc lately, namely this 'I didn't know, it's not my fault therefore let me off' leitmotif....

Time for a Lemsip......
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Grandmother deported after ILR revoked

Post by bathanza » Mon Feb 27, 2017 2:20 pm

So moral of the story: stick to the rules until you have permanent stay if you're a NON EEA citizen

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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Re: Grandmother deported after ILR revoked

Post by Wanderer » Mon Feb 27, 2017 2:23 pm

bathanza wrote:So moral of the story: stick to the rules until you have permanent stay if you're a NON EEA citizen
Or naturalise. Just can't think why the person in question never did.....
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Grandmother deported after ILR revoked

Post by Casa » Mon Feb 27, 2017 2:36 pm

bathanza wrote:So moral of the story: stick to the rules until you have permanent stay if you're a NON EEA citizen
Note that the issue here is that ILR & PR can be revoked if a single absence from the UK exceeds a 2 year period. :idea:
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Re: Grandmother deported after ILR revoked

Post by bathanza » Mon Feb 27, 2017 4:31 pm

Casa wrote:
bathanza wrote:So moral of the story: stick to the rules until you have permanent stay if you're a NON EEA citizen
Note that the issue here is that ILR & PR can be revoked if a single absence from the UK exceeds a 2 year period. :idea:
What..... will have to keep an eye on that one now!

Ok, so have to reword it again, stick to the rules until you get British citizenship!!

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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Re: Grandmother deported after ILR revoked

Post by Obie » Mon Feb 27, 2017 6:53 pm

I despise this government's immigration policies. They are the worse in my generation. The most rabid right wing Zealots i have ever seen in my living memory.

Having said so, i believe Irene Clennell's decision was lawful.

This person was not a returning residence as she has lost her indefinite Leave to remain. In the eyes of the law, she is like everyone else coming to the UK , and therefore from a legal perspective, the decision is correct.

On a moral and compassionate basis, the decision is the most cruel and inhuman that I have seen for a whiles.

I think it is more disheartening than the Scottish Case.

However there is an exceptionally unique factor in the Scottish case, which Irene will never be fortunate to have.
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Re: Grandmother deported after ILR revoked

Post by chickpea » Tue Feb 28, 2017 1:37 pm

Casa wrote:Note that the issue here is that ILR & PR can be revoked if a single absence from the UK exceeds a 2 year period. :idea:
Thanks Casa, understood.
I think a couple of other points are very worth clarifying in this thread, especially for people seeking information. Mainly they relate to my questions 1 & 4 above.

The BBC article does not state how many times she came in/out recently or what visa she used. Casa, you mention visitor visas (upthread). So, just hoping to clarify how dangerous it is for people to enter as visitors when they are actually spouses?

The BBC article is clear she had a number of rejected applications, so again, my Q4, presumably she'd been warned before ending up in detention?

Thanks all for replies. Agree it seems unjust/inhuman, but as someone said: ignorance isn't a defense for breaking rules/laws.

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Re: Grandmother deported after ILR revoked

Post by vinny » Tue Feb 28, 2017 1:40 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Grandmother deported after ILR revoked

Post by Babajee85 » Tue Feb 28, 2017 9:23 pm

So this is only with ILR...But if you have British passport then you can be out of county as long as you want ...

am i right folks ?

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Re: Grandmother deported after ILR revoked

Post by CR001 » Tue Feb 28, 2017 9:29 pm

Babajee85 wrote:So this is only with ILR...But if you have British passport then you can be out of county as long as you want ...

am i right folks ?
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Re: Grandmother deported after ILR revoked

Post by Linda2uk » Sat Mar 11, 2017 8:38 pm

It's sad to see that happened. I am also very worried now on my case. I am holding my ILR for quite a number of years and didn't apply citizenship. The reason is china doesn't accept dual nationality. Now my passport was stolen in Spain and I lost my sticker ILR visa. I applied for Vignette transfer visa, but it's not that simple, I have been waiting for over a month, but don't know how long I still have to wait and don't know what the result will be.

I have been living in U.K. Over 15 years, and work for the same company over 10 years before I lost my passport. Now, I have home and can't return...no details info was given to me regard on my case, I was left completely in dark...

I don't know...I totally agree and would recommend anyone holding ILR to apply citizenship. Otherwise you never know if you are still safe when things happen.

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Re: Grandmother deported after ILR revoked

Post by seagul » Sun Mar 12, 2017 12:45 pm

I think this thread is irrelevant here and must be moved to its relevant forum.
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