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urgent - he's been caught

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vickivickii
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urgent - he's been caught

Post by vickivickii » Thu Jul 17, 2008 7:31 am

ok the police caught my fiance last night.
he's in stoke newington police station we're not sure how long for - then he is being transferred to the immigration unit and sent home :|

is there absolutely ANYTHING we can do?

will they let us see him @ the police station or do we have to wait til his transferred? i'm going out of my mind. we were due to go back in sep, and now this has just been sprung.

i've been awake all night, i just need to see him.

is there anything whatsoever we can do?

John
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Post by John » Thu Jul 17, 2008 8:17 am

Just skimmed through your previous posts. This is always a danger with illegals ... liable to be arrested and removed at any time.

Suggest the best course of action is to not fight it, you go to Albania and get married as tentatively planned, and then he can apply for a spouse visa to return.
John

lesley15
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Post by lesley15 » Thu Jul 17, 2008 5:18 pm

Hi,if you ask at the police station they should let you see him but i worn you it will be between a screen but generally immigration come and collect them within 24 hrs then you can arrange visiting at detention centre in a visiting room.This is what happened to someone that i know and he stayed a week before going home. Good luck.

vickivickii
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Post by vickivickii » Thu Jul 17, 2008 8:09 pm

i went to the station to take him some clothes, they wouldnt let me see him ;/ i just broke down. but they have let him ring me 3 times and we've been on the phone for 20 mins each time.

we are just waiting for immigration to collect him.

can i definitely see him at the denention centre? i need to see him before he goes, i'm going crazy.

the police said i can talk to someone at Communication House in old st? to try and find out when they are getting him.. is this true? is there anyone i can talk to or is it just a waiting game now?

lesley15
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Post by lesley15 » Thu Jul 17, 2008 8:34 pm

It is unfair the police not letting you see him but maybe they are short staff,surprised he is still at station but if immigration not expecting him they can take there time to organise transport
Sorry never heard of communication House but once he gets to centre he will be able to talk to immigration officer, you have informed your solicitor?You will be able to go to centre but different centres have different visiting rules but he will find that out.
Please stay calm police don't know whether they will send him home or not only immigration know that

vickivickii
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Post by vickivickii » Thu Jul 17, 2008 8:57 pm

i'm trying to stay calm but its so hard, we've never spent a night apart. i can't sleep i can't eat or nothing.

the police just said it was a general rule that i can't see him there. i just hope immigration hurry & then i can see him.

i think its pretty much 100% that he is gonna be sent back - he is totally illegal here, so i cant imagine they'd keep him here.

i'm assuming i need to go back to albania pretty much straight away?

lesley15
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Post by lesley15 » Thu Jul 17, 2008 9:04 pm

Have pm you

republique
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Post by republique » Thu Jul 17, 2008 9:26 pm

vickivickii wrote:i'm trying to stay calm but its so hard, we've never spent a night apart. i can't sleep i can't eat or nothing.

the police just said it was a general rule that i can't see him there. i just hope immigration hurry & then i can see him.

i think its pretty much 100% that he is gonna be sent back - he is totally illegal here, so i cant imagine they'd keep him here.

i'm assuming i need to go back to albania pretty much straight away?
How was he caught?

vickivickii
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Post by vickivickii » Thu Jul 17, 2008 9:31 pm

he was covering a shift at his brothers job and the immigration randomly raided it and found him.

vickivickii
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Post by vickivickii » Fri Jul 18, 2008 10:39 am

he's still in the cell, he's not allowed a wash or anything, surely that's not right.

they said i could take clothes and his toothbrush etc but they won't even let him have them.

i'm going crazy thinking of him in there.

Is there anyone i can find out from how long immigration are gonna take to collect him?

theyre treating him like his a danger to the world.

republique
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Post by republique » Fri Jul 18, 2008 12:56 pm

vickivickii wrote:he was covering a shift at his brothers job and the immigration randomly raided it and found him.
Just wondering how they find people, seems like for the most part it is very random raids. Do you think someone tipped immigration off?

vickivickii
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Post by vickivickii » Fri Jul 18, 2008 1:05 pm

no, they do random raids at that place quite alot.
i told him 1000 times or more don't cover shifts for him but he would not listen.

lesley15
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Post by lesley15 » Fri Jul 18, 2008 1:27 pm

Hi, i have a feeling the police can only hold him for 3 days.Have you contacted your solicitor ? he should be able to help

vickivickii
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Post by vickivickii » Fri Jul 18, 2008 4:16 pm

i just spoke to the police and they can hold him for 5 days. then get an extension for 2 more if needed :(

they did say immigration can pick him up over the weekend, but they have no news on this. he has a number to call them but can't give it out.

does anyone know where i can contact them?

i phoned my solicitor and they said she had left the company! i phoned another solicitor and they said there is nothing they can do at this stage..

jei2
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Post by jei2 » Fri Jul 18, 2008 4:44 pm

John wrote:Just skimmed through your previous posts. This is always a danger with illegals ... liable to be arrested and removed at any time.

Suggest the best course of action is to not fight it, you go to Albania and get married as tentatively planned, and then he can apply for a spouse visa to return.

Does this mean they've changed the 10 year exclusion on being removed?
Oh, the drama...!

vickivickii
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Post by vickivickii » Fri Jul 18, 2008 4:46 pm

that comes in after 1st october! the solicitor confirmed that with me earlier.

ci07jjs
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Post by ci07jjs » Fri Jul 18, 2008 4:47 pm

Just read your post. I sympathise for you and your partner.
I truly hope that your suffering finishes soon.

vickivickii
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Post by vickivickii » Fri Jul 18, 2008 5:03 pm

thank you.. sounds like it may be tonight.

i FINALLY just got through to communications house. they were so nice & had a bit of sense.

they said the police can only hold them for 3 days... the police told me 3, then 5 then 7!

they said its highly likely they are gonna pick him up tonight!! omg i'm so happy. they said if not it wil be tomorrow first thing, so i can see him tomorrow!

i told the man the things the police have been saying to him, how theyve been treating him & how they wont let him have a wash or his toothbrush or anything..! and he said i should make a complaint because that is not legal.
:D

jei2
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Post by jei2 » Fri Jul 18, 2008 6:51 pm

vickivickii wrote:that comes in after 1st october! the solicitor confirmed that with me earlier.
Not if he's removed ! The concession only applies if you leave voluntarily.

You need to check as a matter of urgency if he can agree to go home voluntarily.
Oh, the drama...!

jei2
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Post by jei2 » Fri Jul 18, 2008 7:05 pm

vickivickii,

This is an extract from the Entry Clearance Guidance manual (I've bolded the parts I think are most relevant to you). If your partner doesn't get back voluntarily you could be looking at a 10 year separation - unless you emigrate to his home town..:

26.17.5 The 17 March concession and establishing voluntary departure

The concession only applies to voluntary departures. It does not apply where the applicant was removed or deported from the UK.

Remember that making a decision to remove a person (Form IS 151B), or issuing a notice identifying him as an immigration offender (IS 151A part 2) does not in itself mean that the applicant has been removed from the country. It is perfectly possible for someone to leave the country voluntarily after a decision has been taken to remove him. You therefore need to be satisfied on the balance of probabilities that the applicant was actually removed before deciding that the concession does not apply to him.

Check the details here:

http://www.ukvisas.gov.uk/en/ecg/chapte ... 0seventeen
Oh, the drama...!

lesley15
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Post by lesley15 » Fri Jul 18, 2008 8:42 pm

You will know more once he has gone to a centre,there he will talk to an immigration officer who will go through his options he will also be able to request a solicitor,he will also get the fone no. of the centre and you can fone him.Let me know where they send him,i have been to a few of them!!!! T
His brother must be in a spot of bother,isn't there a fine for employing illegals?

republique
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Post by republique » Fri Jul 18, 2008 10:27 pm

vickivickii wrote:no, they do random raids at that place quite alot.
i told him 1000 times or more don't cover shifts for him but he would not listen.
I guess lots of illegals work there that is why its popular for raids.

William Blake
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Post by William Blake » Fri Jul 18, 2008 11:34 pm

jei2

Is this not relevant:


26.17.4 When does rule 320(7B) not apply? [Updated 9 July 2008]

Under paragraph 320(7C) of the immigration rules, You must also not refuse an applicant under 320(7B) if they are applying in the following categories:

Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiance(e), or proposed civil partner (Paragraph 290);

Parent, grandparent or other dependant relatvie (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:

The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).
In addition you must not refuse an applicant under 320(7B) if:

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false (paragraph 26.17.5 below);
the applicant has raised human rights issues (in particular right to family life under Article 8) which would justify issuing the entry clearance;
the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules;
the period specified in 26.17.2 for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.
Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the “significantly contrived to frustrateâ€
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

vickivickii
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Post by vickivickii » Sat Jul 19, 2008 1:51 am

i really hope so.

my solicitor said we should be fine.

he called me at midnight, theyve moved him the southwark police station. they are flying him straight home tomorrow, i cant even see him what so ever.

i'm arranging the first flight for me to go.

lesley15
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Post by lesley15 » Sat Jul 19, 2008 9:12 am

That seems very harsh surely he is entitled to speak to immigration before they just ship him out.I have heard of many people being arrested for the first time and given the chance to get a solicitor and signing at immigration officer whilst they decide what can be done .Did he not get the chance to ask to see a solicitor?
I am so sorry to hear all this and know the heartache it causes, you know you can pm me if you wish.

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