UKIV at home...

My student visa application is still on home office. My visa expired on Feb But I put application before my visa expired. When I submitted visa with toice English, toiec was valid dat tym. I got biometric on next week BT I haven.'t got any decision from home office but last week home office people came in my home searching for me. Do any one know and had gone through this situation. What can b reason they came searching for me which out any decision making.

hi i think you should contact to the lawyer because they come only for that reason they gona pick you up for detention centre because you submit your application with toiec .i don't no what options are available for you contact the solicitor as soon as possible and discuss your whole case .
best of luck.

Thank for suggestion, how about if I withdraw my application. Does it make any difference..
.

dont withdraw your application its gona be problem in future best way fight with HO if u have a genuine toiec certificate thats all .

Okay. This is what they will do to you now (If they haven't detained or arrested you)

They will raid at your house, looking for you, but will also question each and everyone living in that house, asking everyone to provide paperwork. They will usually tell you that your visa have been refused a month ago (even if you haven't received any refusal or paperwork) and will officially detain you. They will take away all of your belongings and you will not be allowed to contact anyone (even though you have rights). They also sometimes tell you that you are an overstayer and therefore have no right of appeal (which can be challenged in court, but obviously they only need that much of time to throw you in detention centre)

They will take you to the detention centre in their immigration enforcement vehicle. There, they will temporarily hold you for indefinite period of time, they will take your fingerprints and then give you 'Refusal Letter' by hand. Not just that, they will also give you some more paperwork (such as IS151 IS86 IS98 etc) which will tell you that you have no right of in-country appeal and your removal to UK is imminent due to deception, refusal, etc. Afterwards, you will be transported to any of the 9 IRC's (Immigration Removal Centre) by 'Tascor'. Once you reach IRC, they will process you and give you room where you will have to stay till your case is decided. Only in IRC, you will be allowed to contact your lawyer or anyone else for the very first time (not before that).

This whole ordeal will consume most of your day. Moreover, detention centres are a mess and people's rights are deprived to a great deal. Just search for 'UK Detention Centres' on YouTube and you'll know.

As suggested earlier, now you must hire a good solicitor and appoint him as your representative and ask him to start dealing with your case with immediate effect. Keep your address anonymous and avoid going out unless until you get a decision (most probably a refusal) and then immediately file an appeal or judicial review and get confirmation letter from tribunal/court. Once you have that, then only you can roam around freely without any fear of being detained.

Also make sure you ask your solicitor to give documents of every single communication they are making with Home Office.

Rajeev2044 wrote:Thank for suggestion, how about if I withdraw my application. Does it make any difference..
.

It doesn't really make a difference. If you have used fraud to get your English certificate, I would suggest also considering leaving the UK voluntarily rather than get arrested and detained.

BlackBirdSSG wrote:Okay. This is what they will do to you now (If they haven't detained or arrested you)

They will raid at your house, looking for you, but will also question each and everyone living in that house, asking everyone to provide paperwork. They will usually tell you that your visa have been refused a month ago (even if you haven't received any refusal or paperwork) and will officially detain you. They will take away all of your belongings and you will not be allowed to contact anyone (even though you have rights). They also sometimes tell you that you are an overstayer and therefore have no right of appeal (which can be challenged in court, but obviously they only need that much of time to throw you in detention centre)

They will take you to the detention centre in their immigration enforcement vehicle. There, they will temporarily hold you for indefinite period of time, they will take your fingerprints and then give you 'Refusal Letter' by hand. Not just that, they will also give you some more paperwork (such as IS151 IS86 IS98 etc) which will tell you that you have no right of in-country appeal and your removal to UK is imminent due to deception, refusal, etc. Afterwards, you will be transported to any of the 9 IRC's (Immigration Removal Centre) by 'Tascor'. Once you reach IRC, they will process you and give you room where you will have to stay till your case is decided. Only in IRC, you will be allowed to contact your lawyer or anyone else for the very first time (not before that).

This whole ordeal will consume most of your day. Moreover, detention centres are a mess and people's rights are deprived to a great deal. Just search for 'UK Detention Centres' on YouTube and you'll know.

As suggested earlier, now you must hire a good solicitor and appoint him as your representative and ask him to start dealing with your case with immediate effect. Keep your address anonymous and avoid going out unless until you get a decision (most probably a refusal) and then immediately file an appeal or judicial review and get confirmation letter from tribunal/court. Once you have that, then only you can roam around freely without any fear of being detained.

Also make sure you ask your solicitor to give documents of every single communication they are making with Home Office.

Thank you so much for your information,
How can we keep our address anonymous. I talk to one of solicitor, he told me, we have to provide address where I am living currently. If I provide my current address they will defiantly come after me on that address. If you got any suggestions, please help me. Tnx

PaperPusher wrote:

Rajeev2044 wrote:Thank for suggestion, how about if I withdraw my application. Does it make any difference..
.

It doesn't really make a difference. If you have used fraud to get your English certificate, I would suggest also considering leaving the UK voluntarily rather than get arrested and detained.

Hi, As you said leaving UK voluntarily rather than get arrested and detained, how can we leave you voluntarily. Won't they arrest when I go through immigration on airport. Or is their any other way to leave country.

LIVING ANONYMOUSLY
There is no law in the UK which states that you cannot have more than one address. So, you can have two addresses. Plus, there's also no law forcing you to be at any one address at any given time. The issue of address only comes once you are detained and apply for Temporary Admission / Temporary Release ... Or Bail. Once you are allowed temporary admission, you then have to live at that address, but you will also have to come for regular signing (just like asylum seekers) at your designated detention centres. If you come for the signing and they check your name against their system and your name is flagged, you are then again detained (usually they tell you that you have an interview and ask you to go to the next room. There, they confirm your identity details and then detain you). Also make sure that you stay with those people who have proper rights to stay in this country. They may come looking for someone else, but if they find you, they will take you with them too.

LEAVING VOLUNTARILY
Once you tell Home Office that you wish to leave voluntarily, and then you contact local enforcement team, they will not detain you. They will forward your case to your local voluntary departure team. Then, they will handle your query and ensure your departure for removal from UK was efficient and effective.

I really appreciate for ur information. Lastly I would like to ask you, if I leave voluntarily does it effect my future application for UK.

Depending on the refusal reason this will determine how long you may have to wait before you return to the UK.
The quicker you leave voluntarily the better the prospect of an earlier return.
I you get detained then in your current circumstances you could be banned for ten years once removed.

Get a ticket home, get in touch with UKVI, send them a copy of the ticket and they will ensure your passport is at the airport. It is cleanest and easiest way forward in your circumstances.

1 Year - If you leave voluntarily and arrange for your own ticket and expenses.
5 Years - If you leave voluntarily but leave on UKVI / HO expenses.
10 Years - If you do not leave voluntarily and leave on UKVI / HO expenses.


But once you leave, it's almost impossible to come back because once the ban period is over, they will always raise the issue of your previous stay/refusal and on that basis, will make future decisions too.

Regardless of how an indiviudal leaves the country if the refusal is due to deception a 10 year madatory ban will come into force once the individual leaves the UK

Frontier Mole wrote:Regardless of how an indiviudal leaves the country if the refusal is due to deception a 10 year madatory ban will come into force once the individual leaves the UK

But if one switch/apply as dependent, this ban is not applicable (even under deception).

Deception (frustrating the Immigration Rules) would invoke a ban even if applying as a spouse. 320(11) applies
https://www.gov.uk/government/publicati ... raph-32011

Casa wrote:Deception (frustrating the Immigration Rules) would invoke a ban even if applying as a spouse. 320(11) applies
https://www.gov.uk/government/publicati ... raph-32011

The following excerpt was taken from a Notice of Decision where HO claimed 'deception' was used.

As false documents have been submitted in relation to your application, it is refused under paragraph 322(1A) of the Immigration Rules.
For the above reason, I am also satisfied that you have used deception in this application.

This means that any future applications for entry clearance or leave to enter the UK you will make will be refused under paragraph 320(7B) of the Immigration Rules (unless it would breach your rights under the Human Rights Act 1998 or the Refugee Convention) for the following period starting on the date on which you leave the UK following this refusal:
• One year if you leave voluntarily, without our having to pay or contribute to the costs of your departure;
• Five years if you leave voluntarily at the Government’s expense;
• Ten years if we remove or deport you.

Future applications for entry clearance or leave to enter the United Kingdom will not be refused under Paragraph 320(7B) if you are making an application as:
• A spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the Immigration Rules;
• A fiancé(e) or proposed civil partner under paragraph 290;
• A parent, grandparent or other dependent relative under paragraph 317;
• A person exercising rights of access to a child under paragraph 246; or
• A spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD;
or
• where you were under the age of 18 at the time of your most recent breach of the UK’s immigration laws.

I agree that a refusal wouldn't apply under 320(7B) but they can then invoke 320(11). Have you read through the reasons for refusal under 320(11) ?

https://www.gov.uk/government/publicati ... b-and-a320

The guidance in this version does not mention any concession for marriage etc that I can find. Can you point me in the right direction please?