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Facing removal please advise

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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NessaAllen
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Posts: 4
Joined: Thu Jun 05, 2014 3:36 pm

Facing removal please advise

Post by NessaAllen » Thu Jun 05, 2014 3:45 pm

I am Vanessa, a 43 year old South African living in the UK. I fell in love with a guy from N.Ireland and after a year or two we married, but after a few years we parted ways, so I no longer live with him. I have contributed to the UK economy for 15 years now, working always on the books and paying my taxes in the UK fully for all that time. I have never claimed benefits, even when being off work due to sickness. But since moving to Devon, I have recently found myself in a situation where I had to go into a woman's refuge due to a domestic violence situation, and it led me to force myself to claim ESA and housing benefit (for the first ever time) in the refuge. Wiltshire Council felt I shouldn't be claiming benefits. I was still under the impression that due to paying my national insurance all these years, and my being a partner of an EEA National that I was within my rights to fall back on these benefits briefly before finding my feet again and this was confirmed by an immigration solicitor. I have never tried to hide myself or evade the law. I have never worked cash in hand jobs, I have always paid my taxes, had a joint mortgage with a partner, worked and lived as a productive part of the community. I was issued with a national insurance number in Belfast in 1999. Yes, I had apparently neglected to organise paperwork to renew my family permit, which has come back to haunt me. I was at the woman's refuge in Salisbury on Friday, 16 May when I was interviewed by four immigration officers who served me documents to say I was effectively an illegal. I have been put on remand and have to report to the immigration offices in Portsmouth weekly. I have had all my benefits stopped and have had to take shelter with my a friend. I have been told I am not allowed to work or I will be detained. I have no income and my friend, although has offered me a roof over my head is not in a financial situation where he can be providing for me. I am not entitled to legal aid and have no money at all to try and hire a solicitor. I have recently been given the possible diagnosis of PTSD due to sexual, physical and mental abuse in my childhood. There is also a host of other traumas in my life, ranging from suicide of a sibling, being raped at 16 and suffering the loss of a twin pregnancy stage 26 weeks at the age of 18. I have distanced myself from my family back in South Africa and have no friends of family who would could possibly take me in if I do get deported. In fact, my sister has promised to kill me if I go back to South Africa. I have found a solicitor in London who is prepared to take on my case but can't offer me pro-bono work, his fees will be up to £3000, but is prepared to take a deposit of £1000.
Advice please? :(

Amber
Moderator
Posts: 17549
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Facing removal please advise

Post by Amber » Thu Jun 05, 2014 8:28 pm

Apply for FLR(FP) as you have no family or cultural ties and with no fees due to destitution and domestic violence also ask for your leave to be granted with recourse to public funds due to destitution.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Facing removal please advise

Post by askmeplz82 » Thu Jun 05, 2014 8:28 pm

what was your immigration status before you married ?

how long you both married ?

is he Irish-UK or just UK citizen ?
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

NessaAllen
Newly Registered
Posts: 4
Joined: Thu Jun 05, 2014 3:36 pm

Re: Facing removal please advise

Post by NessaAllen » Thu Jun 05, 2014 9:55 pm

askmeplz82 wrote:what was your immigration status before you married ?

how long you both married ?

is he Irish-UK or just UK citizen ?
He is entitled to Irish and English citizenship. We are still married it's been 14 years but we no longer live together.

My immigration status before I married is South African

Thank you for your help

NessaAllen
Newly Registered
Posts: 4
Joined: Thu Jun 05, 2014 3:36 pm

Re: Facing removal please advise

Post by NessaAllen » Thu Jun 05, 2014 9:58 pm

Amber_ wrote:Apply for FLR(FP) as you have no family or cultural ties and with no fees due to destitution and domestic violence also ask for your leave to be granted with recourse to public funds due to destitution.
What is FLR? I am so confused by all the information. I am going to see a solicitor tomorrow, it's going to cost me £100 for 50 mins and I have no idea what she will say. I have had to get a loan from a friend for the consultation :(

Obie
Moderator
Posts: 15166
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Facing removal please advise

Post by Obie » Fri Jun 06, 2014 12:15 am

You said u had an EEA residence card? is that correct?

Are u still in Northern Ireland.
Smooth seas do not make skilful sailors

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Facing removal please advise

Post by Wanderer » Fri Jun 06, 2014 7:38 am

Obie wrote:You said u had an EEA residence card? is that correct?

Are u still in Northern Ireland.
OP says she's in Devon.
An chéad stad eile Stáisiún Uí Chonghaile....

NessaAllen
Newly Registered
Posts: 4
Joined: Thu Jun 05, 2014 3:36 pm

Re: Facing removal please advise

Post by NessaAllen » Fri Jun 06, 2014 9:16 am

Wanderer wrote:
Obie wrote:You said u had an EEA residence card? is that correct?

Are u still in Northern Ireland.
OP says she's in Devon.

I am in Portsmouth at the moment. I left NI in 2004

Obie
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Posts: 15166
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Facing removal please advise

Post by Obie » Fri Jun 06, 2014 9:19 am

I am more interested in knowing what visa you were issued and on what basis
Smooth seas do not make skilful sailors

will001
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Posts: 24
Joined: Mon Oct 13, 2014 9:44 pm

Re: Facing removal please advise

Post by will001 » Wed Oct 15, 2014 10:47 am

helo everyone,i am new here,my first post also.
i struggled to find how to post an issue.
i am nigeria,living here for 12 years now and married.
my husband has stayed longer,i came here legally as a student and my visa to continue was denied in 2010.i have stayed on since then.in 2012 my hubby's ilr was revoked due to decpetion accusations levied against him,he lost in court.(his day in court was him alone not including me and the girls) so we were advise to put an application as a family based on right to private life,denied again,we were advised again to exclude him from a fresh application cos our thinking is that the Home office has a score to settle with him.so my girls and i put in another one,refused again.oh i shd also mention i go to beckett house omce a month.my last rejection came in september as i went to report in october i was taken to the back room and asked my next line of action,that i had reached the end of my line,i told the officer i would i put in a reconsideration.
our private life here was established by the judge in the case which my hubby lost,we have our family members here,we all stay 5mins away from each other,my kids and their cousins all attend the same school,my kids are 4 and the first would be 6 next year.we have strong family ties.
we have reported each month for the last 2years.i was told to go home with my kids,i was nt given an appeal,is there anyway i can solicit an appeal,my MP wrote to them and was told we would be sent a removal notice that comes with an appeal.i now live in fear,i am now so paranoid.i dont sleep at night.
please ideas are welcome.
i have 3 degrees from here,i had no time claimed a penny,as the moment i volunteer my time at the children centre.my friends here are so kind to me and would be willing to write a letter.i am also a sunday school teacher.i have no criminal records.my kids have friends and cousins here that they enjoy football lessons,ballet etc together.

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Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Facing removal please advise

Post by Casa » Wed Oct 15, 2014 1:08 pm

Please don't highjack another member's thread, apart from the fact that becomes impossible to advise on two different situations, it's unfair to the original poster who's problem gets lost in the confusion. This is also a very old thread. Please start your own.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

will001
Newly Registered
Posts: 24
Joined: Mon Oct 13, 2014 9:44 pm

Re: Facing removal please advise

Post by will001 » Wed Oct 15, 2014 3:52 pm

i am sorry,i do not know how to post,please help me understand how this is done!its not a deliberate 'hijack'.
i read the rules and assumed i had to look for a similar thread with a heading applicable to mine.

kindly educate me further on how this is done correctly.

apologies to the original poster,no stress intended!

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