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Can You get ILR revoked by reporting deception?

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Durbanite101
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Can You get ILR revoked by reporting deception?

Post by Durbanite101 » Sun Oct 20, 2019 10:03 am

Hi there,

Apologies if this is the wrong area to post this but I’m completely new to this.

So my father applied for indefinite leave to remain, with my mom supporting his application. Apparently it was granted (I say apparently as my mom never saw any documents to show it, only my fathers word). However it’s been about 2 weeks since it was granted and my father has left my mother. He sent her an email titled “separation”. He has taken all his possessions (clothes, books, fishing gear, marriage documents, EVERYTHING). He has also removed his children from his social media.

I could go on about the family history, but I’d rather get straight to the point.

I believe (and so does my mother) that the application for indefinite leave was made in deception. It was stated on the application (somewhere) that they intend to remain married. But based off his quick (and in my opinion, planned) departure, this is clearly not the case.

Is there ANY way we can revoke his indefinite leave that’s been granted/approved already? How to start this process? ANY and ALL advice is appreciated.

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Zerubbabel
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Re: Can You get ILR revoked by reporting deception?

Post by Zerubbabel » Sun Oct 20, 2019 10:21 am

Hello

Divorce / separations / family feuds... often end up by crazy reports to authorities. Usually these reports are weighted against the tensions occurring in the family and their credibility affected accordingly.

Deception is using forged documents, making false statements. Separating is not a deception and even if reported, won't affect the ILR.

I am sorry of what going on with your family at the moment, but I don't think involving the Immigration would do you any good.

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Casa
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Re: Can You get ILR revoked by reporting deception?

Post by Casa » Sun Oct 20, 2019 10:28 am

Deception in an application can result in the revocation of ILR.

You could start by reporting this: StatusReviewUnit@homeoffice.gsi.gov.uk

https://assets.publishing.service.gov.u ... ctober.pdf

In my opinion, as the husband left the family home immediately after being granted ILR, the statement that there was the intention to continue to live with the sponsor (your mother) was false.
(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.

Durbanite101
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Re: Can You get ILR revoked by reporting deception?

Post by Durbanite101 » Sun Oct 20, 2019 10:48 am

Thank you very much for the reply and attached document <3 thank you to previous posters as well. I appreciate your quick responses during this time.

lhrflyer
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Re: Can You get ILR revoked by reporting deception?

Post by lhrflyer » Sun Oct 20, 2019 4:36 pm

Casa wrote:
Sun Oct 20, 2019 10:28 am
In my opinion, as the husband left the family home immediately after being granted ILR, the statement that there was the intention to continue to live with the sponsor (your mother) was false.
This would need proof that the intention to separate pre-dated the ILR application wouldn't it? Perhaps something happened between the grant of ILR and the person leaving his home, and that's enough grounds to rebuke a deception claim.

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Re: Can You get ILR revoked by reporting deception?

Post by lhrflyer » Sun Oct 20, 2019 4:41 pm

Durbanite101 wrote:
Sun Oct 20, 2019 10:48 am
Thank you very much for the reply and attached document <3 thank you to previous posters as well. I appreciate your quick responses during this time.
Also - and this is an opinion of course, so I don't expect you to take it or accept it: why would you want your father kicked out of the country? I appreciate you're going through an upsetting situation, but it sounds like you have nothing to gain from being vindictive. Your father being required to leave the UK will not advance your position or contribute to your life in any useful way whatsoever. Grieving and letting go are much better for your sanity than holding on and plotting to destroy.

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seagul
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Re: Can You get ILR revoked by reporting deception?

Post by seagul » Sun Oct 20, 2019 8:09 pm

If the relevant conditions and documents were genuine until the grant of ILR decision then it might not be revoked.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Durbanite101
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Re: Can You get ILR revoked by reporting deception?

Post by Durbanite101 » Mon Oct 21, 2019 8:38 pm

lhrflyer wrote:
Sun Oct 20, 2019 4:41 pm
Durbanite101 wrote:
Sun Oct 20, 2019 10:48 am
Thank you very much for the reply and attached document <3 thank you to previous posters as well. I appreciate your quick responses during this time.
Also - and this is an opinion of course, so I don't expect you to take it or accept it: why would you want your father kicked out of the country? I appreciate you're going through an upsetting situation, but it sounds like you have nothing to gain from being vindictive. Your father being required to leave the UK will not advance your position or contribute to your life in any useful way whatsoever. Grieving and letting go are much better for your sanity than holding on and plotting to destroy.
I can’t speak for my mother’s motives on why she wants him kicked out of the country, but for me it has more to do with our family history than recent events. There has been abuse (physical and psychological) as children years ago. Myself and my siblings were in the process of creating distance between ourselves and him a few months before this all happened. So yes it may seem vindictive, but I don’t want him to take advantage of the system when so many well deserved families need this more and deserve it.

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Zerubbabel
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Re: Can You get ILR revoked by reporting deception?

Post by Zerubbabel » Tue Oct 22, 2019 7:33 am

You can't bring someone to the UK and get him a residence because you badly want to. That has to fit within an existing immigration route and all eligibility criteria met.

It's the same if you want someone to leave the country. It's not about what you want but what are the legal grounds available to you.

The ILR cannot be just revoked like that because a civil servant somewhere is sympathetic to your plea. A strong case has to be built. It will be most certainly challenged in court. This process will involve many man hours and a lot of taxpayer money spent.

I understand that from the personal point of view, the behavior of your father is outrageous. As a retaliation, your mother wants him thrown out of the country to put it mildly.

But from the Home Office perspective, it's going to look like that:

- ILR holder
-- Left his wife a goodbye note
-- Took his fishing gear
-- Ghosted his kids on Facebook

If you send them a letter, they will probably have a look to his profile for good measure, but my feeling is that your arguments are going to fall short from what is required to initiate a serious ILR revocation.

Reading your posts, I think you need some family counseling more than immigration advice. There is this charity:

https://www.relate.org.uk/relationship- ... ounselling

Try to contact them. I think they can help in putting you in a better track and helping you all, as a family, to seek your peace and harmony again before more damage is done.

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Re: Can You get ILR revoked by reporting deception?

Post by London22 » Thu Oct 24, 2019 11:27 pm

It is not a deception and I dont think HO will revoke his ILR because your mother &you want it.Your father has a strong case to stay here.The way it takes ages to get ILR the same way it is not easy to revoke it.HO revokes ILR of many people every year &many of them win it back in courts.I have no idea how on earth a son wants his father to be deported.HO should simply not listen to family feuds .Many families have issues but they shouldnt involve immigration as it is too harsh and too much to get someone deported .I would say it is evil.I cant think to report someone to HO for deportation doesnt matter what is the case.

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