Help!Chinese Student issued with a I515A De Facto Overstayer

[goeswiththewind]

The situation is as follows:

1. Student came with a student Visa in 2005 (Chinese National)

2. Student failed course, and came in September 2007 to look for courses, but it was to late to get into any (still some applications HAVE been made) -maybe records for those help.

3. In February he got a job in a chinese restaurant, which as it was proved had some people with even no passport, though his papers were fine.

4. The authorities on the grounds that he breached his leave to remain (as he worked for more than 20 hours -he did not know the rule and the employer was not kind enough to let him know) got him sent to immigration.

5. At the moment he is in a detention removal centre, have been given a I515A De Facto Overstayer note. At the bottom it says is not appealable.

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Having read a few things I got the idea that he could hire a lawyer to assist him with his case (at some point). If it is by no means possible to reverse this outcome does someone think it would be possible to get him out on a bail to let him at least arrange some final things (bills, banks, house, etc)?

Any promp assistance and advice would be very vey much appriciated.

[Jeff Albright]

I am afraid there is almost nothing can be done about it.
He/she has been in the country very short time and has been found in breach of working conditions and also overstaying.
The best option is to leave in his own accord, if it is still possible.
Getting bail may be difficult because there are technically no barriers to removal and because of the previous breaches, the HO possibly considers the high probability of absconding. It would be wise to approach AVID www.aviddetention.org.uk and BID www.biduk.org on this so they could help collect his/her belongings.

[Mr Rusty]

Failed student, leave expired (I guess) several months ago, no contact with HO to regularise his position, he hasn't got a chance.

His only rights of appeal are after he has left the UK. Only if he made an asylum or human rights claim would his removal be delayed, and his case would probably be fast-tracked while he is in detention, and probably be refused because if he had a credible reason for doing so he could have come forward before.

Re the suggestion that he "leave of his own accord", he has failed to do that. Whatever way he goes now, even if he's released and gets on a flight by appointment, he is under removal directions and is being removed as an offender.
He will have to plan his life elsewhere in the world.

[goeswiththewind]

First of all thank you for all your very quick answers and the time you took to deal with my question.

He is scheduled to be removed on the 5th of March.
From what I gather from your saying, that is final and no actions can be taken. In effect that is not "on his own accord", though he did sign a paper saying he prefers the immigration to take care of the matters when he was at the police station. He has been very co-operative and helping the authorities out with translating for other people.

Sounds like the system is too much black and white. He did enter this country with good intentions, in a legal way and spent quite a few pounds on fees and living costs.

How bad would that removal be on his record?
Would he be able to apply for another visa?
Would any other visa applications (to other countries) be affected?
Any time limits on that?
Would he be accepted to apply for a UK university ever again?
What happens to peoples bank accounts (and other running bills) on such occasions?
Finally would it be a total waste of time + money to seek private legal help?


Again thank you very much, and on behalf of my friend for the time you take to reply to me. I hope I write in a neutral (as possible) tone and in a laconic way, trying to be consise and to the point.

His leave to remain was still valid, though he was not in a university as he was looking for another one. Would that cancel it anyway?

[paulp]

The situation is as follows:

1. Student came with a student Visa in 2005 (Chinese National)

2. Student failed course, and came in September 2007 to look for courses, but it was to late to get into any (still some applications HAVE been made) -maybe records for those help.

When the student came back in Sep 2007, did the Immigration Officer at the airport not ask him where/what he was studying?

[goeswiththewind]

No they did not ask about his studies.

and is being removed as an offender.

does that mean he would face legal consequences when he returns to China?

[Wanderer]

Sounds like the system is too much black and white. He did enter this country with good intentions, in a legal way and spent quite a few pounds on fees and living costs.

Come on, you can't defend this guy, he serially abused the terms of his visa, who do you expect, give him a gold clock?

[paulp]

does that mean he would face legal consequences when he returns to China?

Are the chinese authorities concerned with what their citizens do abroad? He probably will find it very difficult to get another UK visa in the near future, especially with the introduction of the new bans. He may also have to disclose this on the visa application form of other countries if they ask if your friend has ever been removed/deported.

[goeswiththewind]

If there is something that I do not explain fully, or seems unclear do let me know. I do not have high hopes on the situation but still...

Thanks for your continuing support.