Immigrationboards.com

Hi my friends live in the Eu, she being european he being brasilian they are married and wanted to go to london so they decided to apply for a family permit to the uk for him.

they declined the first time then appealed for another.

they granted him a visa to the uk.

actually by this point the couple had decided they did not want to live in the uk but in the home country of his wife.. But when they had flown together from brasil to her european country in september they had a stop over in london and spent a night in a hotel not far from gatwick airoport.
They could not take all the luggage they had with them from brasil to london on to the smaler plane from london to europe. so they had to leave luggage at a friends in london so they decided as they already had tickets to london to go there and pick up the luggage they left and had tickets booked to come back the next day

how ever, when they arrived to london the police were waiting for him and arrested him for using a false ID card back in 2008!
to which he was suppose to go to court back then but didnt.

they said he was on a "wanted " list.

but if this was so why did they grant him a visa?
how did they allow him to stay in london on a stop over with no questions asked at all?
and then leave london?

I know that in brasil when someone is on the "wanted" list their names are in the system at the airoport, and immigration is notified if and when that person arrivs surely uk is the same?

It feels like that the uk immigration has "tricked " my friend into coming to uk just to arrest him, what are your thoughts on this? and is it legal for them to do this?

Surely they would be happy he is not in the country and use this as an excuse to deny his visa or if he claimes to be innocent they should advice him that he will be arrested on arrival in london until he can prove his innocents

any help or advic ewould be great.

I doubt it, entrapment is illegal I think.

In any case if the guy is guilty he deserves to get his just deserts isn't he?

well personaly i think so yes but not a 12 month sentence for holding a id card! when citizens get let off with a smack on the rist or a fine!

and maybe the police should a done the job properly 2 years ago!

the guy is not a criminal in any way what so ever and people change so much in 2 years. i mean he is only 22 now he is mature at 20 i dont think he even understood the seriousness of what he done.

and men unfortunatley dont seem to mature as quickly as women!
so i do think that they have done some scheming in the system to catch him if i am honest

Breaking immigration law makes one a criminal I'm afraid, so ur friend is one. Citizens don't get a slap on the wrists, identify theft is a very serious crime.

Also if he's done it before, how do we know he hasn't done it again for the current app and the HO spotted it? To be honest I think the HO has bigger fish to fry but it's nice to hear they are doing their job.

kelly1305 wrote:well personaly i think so yes but not a 12 month sentence for holding a id card!

I guess it is more than a fake ID - I guess he also committed immigration fraud? That is a serious accusation, and if true, he most certainly is a criminal.

and maybe the police should a done the job properly 2 years ago!

That is entirely possible, but unfortunately no excuse.

Plus the story does not make much sense unless you fill in a few assumptions, and unfortunately those missing details could be even more serious. Even his visa in the "other European country" may be in danger. I hope he has a solicitor?

the only reason they said they are holding him and taking him to court is that he was in possesion of a false ID card. just this.

I realise the seriousness of this and that it is a crime. I am not saying he is innocent and does not desreve this, because like i say law is law.

He has a solicitor of course...

And He has always entered the uk with his own passport no false documents, his passport supports this.

It just seems strange how he and his wife had entered the uk not that long ago with out any questions asked.

but as soon as he was granted a visa and went there they arrested him. doesnt make sense if by law the immigration is not allwed to give false intentions..
But then if they are allowed to do that it makes alot of sense.

The main reason i wrote this post is to just find out really what are the other possible outcomes other than 12 months in prison...if there are any?
Maybe taking into account immigration fraud if you think this comes under it or not?

I do not know enough information personally as it is my friends i am talking about, i just wanted to try help them with some advice or anything i can really.

kelly1305 wrote:The main reason i wrote this post is to just find out really what are the other possible outcomes other than 12 months in prison...if there are any?

This is not a forum for immigration fraud - so you may not get an accurate answer. They may hold him for possession of a fake ID, and if that is all they find, he should be fine. This happens quite a lot, and while technically a crime, people often get off lightly. I really think it depends on whether they find other charges - after all I can just assume that he had a reason for having a fake ID? But his solicitor should be the person to ask.