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My ILR and AR was refused due to tax and while im in the process of going for Pre Action Protocol im getting many calls from Capita,first I thought it was a marketing PPI call so didnt answer then found that it was Capita as they sent a text

I called them and they were kind of intimidating and when I explained my lawyer is going for JR they said now your an overstayer and gave a heck of a long list of consequences like police stopping on the road,licence being canceled,banks accounts frozen,liable to be removed etc etc

I felt that it was quite intimidating by them and does anyone know my rights now? can they come barging in at home? or life me from a street?

I thought when you apply for PAP you have legal right to stay but cannot work

Please let me know as im stressed

Lancer2016 wrote:My ILR and AR was refused due to tax and while im in the process of going for Pre Action Protocol im getting many calls from Capita,first I thought it was a marketing PPI call so didnt answer then found that it was Capita as they sent a text

I called them and they were kind of intimidating and when I explained my lawyer is going for JR they said now your an overstayer and gave a heck of a long list of consequences like police stopping on the road,licence being canceled,banks accounts frozen,liable to be removed etc etc

I felt that it was quite intimidating by them and does anyone know my rights now? can they come barging in at home? or life me from a street?

I thought when you apply for PAP you have legal right to stay but cannot work

Please let me know as im stressed

I don't know much about PAP, so wait for some seniors member to reply. Meanwhile, you can read the following link and see if that can be any helpful?
https://www.gov.uk/government/collectio ... structions

Has you solicitor let HO know that you are going to take JR route? I think they need to be informed of that as a matter of urgency. Guys going through JR route please share your experience.
Is anyone else getting such calls?

Not really yooman rites tho is it?

Lancer2016 wrote:My ILR and AR was refused due to tax and while im in the process of going for Pre Action Protocol im getting many calls from Capita,first I thought it was a marketing PPI call so didnt answer then found that it was Capita as they sent a text

I called them and they were kind of intimidating and when I explained my lawyer is going for JR they said now your an overstayer and gave a heck of a long list of consequences like police stopping on the road,licence being canceled,banks accounts frozen,liable to be removed etc etc

I felt that it was quite intimidating by them and does anyone know my rights now? can they come barging in at home? or life me from a street?

I thought when you apply for PAP you have legal right to stay but cannot work

The government made a new law in May 2016, The Immgiration Act 2016, which adds to the Immigration Act 2014.


Part of the new law

http://institutions.ukcisa.org.uk//Info ... ation-Act/#

Power to cancel s3C leave

If the Home Office considers that a person who has applied for leave has failed to comply with a condition or used or uses deception in seeking leave to remain, that person's leave extended by virtue of section 3C of the Immigration Act 1971 can be cancelled. This means that the individual will become an overstayer and will immediately be affected by all the measures summarised above



This is where they are up to with implementing clauses of that new law
http://legislation.data.gov.uk/uksi/201 ... ?wrap=true


This is the announcment on the new law.
https://www.gov.uk/government/collectio ... ll-2015-16

I don't think that Section 3C covers JRs.

I agree, the Section 3c doesnt cover JR.

One of my friend got these calls from Capita. He told them that he had applied for JR and provided the reference from his solicitor as well. The calls stopped coming afterwards. Get the details of your JR and provide them to Capita. They will hopefully stop annoying you.

Calls and texts are one thing but what I dont want is Capita to detain me and deport me (can they do it do they have that kind of power)

Email from Capita received

my worries are if I leave in a week will my passport be stamped at the airport?

I dont want to email them and tell my exact travel date within a forthnight as i dont want any unpleasent suprises at the airport

please can you advice what should I do
-----------------------------------------------------------------------------------------------
We are contacting you because the Home Office has informed us that you do not have permission to be in the United Kingdom.

Whilst you remain in the United Kingdom without leave you are liable to be removed and this may affect your right to return to the United Kingdom in the future.

You must make immediate arrangements to leave the United Kingdom and send a copy of your travel ticket to us via email to CapitaContact@homeoffice.gsi.gov.uk, or you can post your evidence to Capita Business Services, PO Box 3468, Sheffield, S3 8WA. If your passport is held by the Home Office, this will be sent to your port of departure when you leave. When making your arrangements to leave the UK you must allow 10 working days for your passport to be sent to your point of departure after you have notified us of your travel plans.

CONSEQUENCES OF ILLEGALLY STAYING IN THE UNITED KINGDOM
YOU MAY BE PROSECUTED - You may be prosecuted for the offence of overstaying under the Immigration Act 1971, the penalty for which is a fine of up to £5,000 and / or up to 6 months imprisonment.

YOU MAY BE REMOVED – You may be forcibly removed from the United Kingdom and banned from re-entering for up to 10 years.

YOU WILL BE SUBJECT TO RESTRICTIONS - Your life in the United Kingdom will become increasingly more difficult.

The consequences of not leaving immediately may include:
· BANNED FROM WORKING - You will not be allowed to work in the United Kingdom. Immigration Enforcement Officers visit workplaces and any employer found to be employing an individual illegally present in the UK, may be liable for a civil penalty of up to £20,000 per illegal worker.

· PROPERTY RESTRICTIONS - The Immigration Act 2014 will require landlords to conduct immigration checks. Landlords will face a penalty if they let a property to an individual illegally present in England.

· BENEFITS RESTRICTIONS - Immigration Enforcement will share your details with other Government Departments. You may be liable for prosecution if you make a false declaration to these organisations or fail to inform them of a change in your circumstances which affects your entitlement to benefits.

· CHARGES FOR SECONDARY HEALTHCARE - You are only entitled to emergency healthcare in the UK. You will be required to pay for any elective non-emergency treatment. You will not normally qualify to enter or to remain in the UK if you have an outstanding debt with the NHS of £1,000 or more.

· DENIED ACCESS TO BANK ACCOUNTS AND CREDIT AGREEMENTS - Immigration Enforcement may share your details with financial fraud prevention organisations to allow service providers to decide whether you should have access to financial products such as bank accounts and credit agreements.

· REVOKE YOUR DRIVING LICENCE - Immigration Enforcement will ask the DVLA not to issue you with a driving licence. If you already have one, we will ask the DVLA to consider cancelling it. If your licence is cancelled, you will then be unable to drive legally in the United Kingdom.

If you are unable to leave the United Kingdom immediately for one of the following reasons, you must contact our team today on 0844 375 4636:

· you have the right to remain in the United Kingdom or have recently taken action to regularise your stay OR
· the Home Office are in possession of your Travel Documents OR
· you require assistance to leave the United Kingdom OR
· you have a personal issue that prevents you from leaving the United Kingdom immediately
We will continue to monitor your case and if you do not leave the United Kingdom or take action to regularise your stay we will refer your case to the Home Office with a recommendation to begin enforcement action against you.

Yours sincerely,


Capita Business Services
On behalf of the Home Office
**********************************

Are you a political refugee from Coovah by any chance?

Lancer2016 wrote:If you are unable to leave the United Kingdom immediately for one of the following reasons, you must contact our team today on 0844 375 4636:

· you have the right to remain in the United Kingdom or have recently taken action to regularise your stay OR
· the Home Office are in possession of your Travel Documents OR
· you require assistance to leave the United Kingdom OR
· you have a personal issue that prevents you from leaving the United Kingdom immediately
We will continue to monitor your case and if you do not leave the United Kingdom or take action to regularise your stay we will refer your case to the Home Office with a recommendation to begin enforcement action against you.

Lancer2016 wrote:

I called them and they were kind of intimidating and when I explained my lawyer is going for JR

Just call them and let them know that you have taken the actions to regularise your stay, and until you get the decision of JR you are not going anywhere. Of course, you can't work in JR but i think you can stay in UK until you exhausted all your "appeal" rights. ( I am not 100% sure on this advice, so wait for some other member to comment).

UKBALoveStory wrote:Just call them and let them know that you have taken the actions to regularise your stay, and until you get the decision of JR you are not going anywhere. Of course, you can't work in JR but i think you can stay in UK until you exhausted all your "appeal" rights. ( I am not 100% sure on this advice, so wait for some other member to comment).

There are no 'appeal rights'. JR is not the same as appealing.

CR001 wrote: There are no 'appeal rights'. JR is not the same as appealing.

So can (s)he not stay in the UK, until he gets the decision on his JR application?