Urgent - Home office asking about the false passport

[sundeep]

Hello good people. As i write i am in catch 22 and dont know what to do. I came to UK in 2004 from Congo. I claimed aslum but the proccess took long to be completed until 2007 when i was granted ILR. Whilst i was waiting for my asylum application i met some guys who sold me a Germany passport which they claim to be genuine. I used this passport to work, i opened bank accounts etc. I then tried to get a british driving licence. I posted this passport to DVLA and it has never come back.

Last year December i applied for a naturalization certificate through the check-in service. Been partiently waiting as i am now in the 5th month. All of a suddent last week Friday, April 4 i received a call from Liverpool office of immigration. The lady asked why i didnt mention Germany citizenship and if i am still a Germany citizen. I told her that i have never been a Germany citizen but my solicitor gave me a doccument to use while i was waiting for my asylum to be processed.

She didnt say much only saying we will write to you soon and tell you our decision.

The fact that this Germany passport didnt come back from DVLA sugeested that they have discovered it to be not genuine. Now i dont know what the decision will be. Are they going to revoke my Asylum ILR? or are they just going to deny me British citizenship? Been having sleepless nights thoughout the weeked

[Amber]

They'll unlikely revoke your ILR. However, it's a criminal offence to use a fraudulent passport, you could end up in jail! You can't honestly expect anyone to believe that you could 'buy' a 'genuine' passport when you were not a national of that Country. What it your name on the passport?

It's unlikely you'll be naturalised as British and may have a visit from the police soon. However, they could be very slow on the uptake and grant you, I'm never sure with those at the Home Office. Although, if you've never mentioned Germany in the application, it must be on the system that you've been using fraudulent passports. Perhaps informing of the person who sold you the passport will allow you to escape criminal charge?

[sundeep]

If They dont revoke my ILR that will be a huge relief. But now my kind of work doesnt have room for any criminal record on the CRB. I had completely forgoten about this until last friday. I have no links anymore with the guys who processed the Germany doccument.

Have never been known to police for even speeding offence, nothing. If they do make a visit this would be the worst possible nightmare i can imagine

[Amber]

It's a serious offence using fraudulent passports. It can conjure ideas that you're involved with extreme groups and need to hide your identity. I would imagine the Home Office and police would take it very seriously. You've also lied to an employer and the bank!

[matt2005]

As someone said its a very serious CRIMINAL offence... i would suggest to find best criminal lawyer you can afford and go to him for advice ASAP...

Criminal conviction is a sure thing i would think. The fact that you are refugee makes no difference whatsoever, you will get criminal conviction for using that id

You might be sent to jail for that too... but it will entirely depends on how courts view this case.

All in all GO GET YOURSELF A GOOD CRIMINAL LAWER

[sundeep]

Some update. Received a letter today through post. They are asking all my activities since i came to UK. Places i have worked, all my bank accounts details, name and address of the solicitor who was helping me with the asylum claim. This is not a major problem for me as i have all that info. But now these things i have to deliver them in person at Capital Building, Liverpool, L3 9DL.

I really dont know if i should do this. Is there any possibilty that i might be detained once there? Can i just write back asking for the application back unproccessed?

[Casa]

Asking to withdraw your BC application won't help. As you've already been advised, your next step needs to be to seek advice from a solicitor specialising in criminal law. Yes, you could well be held in custody for further questioning when you attend the appointment at Capital House.

[HOexpert]

Seems like you have used deception in your dealings with UKBA as well as in establishing your life here in the UK.

Besides the deception and inevitable respercussions, you have commited the crime of possession of a false identity document:

http://www.cps.gov.uk/legal/s_to_u/sent ... er_intent/

You probably have just the two choices:

1) Leave the country.

2) Attend your appointment in Liverpool, go through a lengthy legal process and be heavily fined and / or jailed, and then leave the country ( you can probably expect 6-18 months imprisonment ).

If you choose 1, you can easily leave from any airport and have little chance of being picked up ( UK has no exit controls ).

Option 2 will show you the life you had in the UK is now over. Also, prison is probably worse than the conditions you "escaped" from in your home country to come here in the first place.

[ryan2020]

Your case is on discretion now.

As a reputable citizen ,being a good human being

I would say write a nice wording letter, accept your mistake, tell them you are ready for any punishment and you promise not to do these stuff again.

I have seen many cases where ppl got caught without visa and they were in detention centre ready for deportation and they got free.

Other wise as some one recommend leave the country and go to home country and enjoy.....

British people are good and kind hearted. At the end they do listen to you if they see you progress.

sorry if I given you any silly advice.

I don't know what religion you follow but As a muslim we leave every thing to ALLAH (GOD) and accept whatever happens happens for good.

[Amber]

See if you can get a solicitor to attend the Home Office with you, actually I would make sure you do. One who deals with both immigration and criminal law, I wouldn't just leave as you'd more than likely be arrested at Border Control.

[sundeep]

This is giving me stomach crambs now. I have nothing to return for in Congo. Can they really revoke refugee status? Like i said in first post, i cant afford to have a criminal record in my CRB. The home office has this passport but surely they dont have evidence that i benefited anything from it other than trying to get a driving license. Got a Lawyer in Nottingham who is willing to go with me to Liverpool, but with no guarantee of whats going to happen once there.

[matt2005]

I don’t think you realize your situation... it’s irrelevant that you used that passport ONLY to get bank accounts and driver’s license - you committed a criminal offence by using passport of somebody else. you WILL HAVE CRIMINAL RECORD, there is no question about that in my mind. Question might if you are jailed or not...

If you used that passport in any way shape or form in your ILR or refugee application, it means that decision home office made was made on wrong facts and yes it will be revoked. If you refugee status was granted basis other facts they might consider it from some other angle.

But you have to realize - you will have criminal record, it’s irrelevant if you used it one time to show to bank clerk or 1000 times and its irrelevant in the eye of the law that you were a refugee and used it to get work, bottom line is you committed a crime and now criminal justice system will be dealing with it.

Please get BEST criminal lawyer you can afford, just a friend will not suffice...

[HOexpert]

The home office has this passport but surely they dont have evidence that i benefited anything from it other than trying to get a driving license.

Whilst i was waiting for my asylum application ...I used this passport to work, i opened bank accounts etc. I then tried to get a british driving licence. I posted this passport to DVLA and it has never come back.

If you worked in the UK during your asylum application without home office permission ( as it appears from your statement ), that is a big violation of your visa conditions and clearly a benefit obtained via your fake passport.

Sorry if I have little sympathy for you but I just have little sympathy for those that come here, commit crimes ( like using a fake passport ) and use every trick to stay in the country - often at the UK's expense.

Seems Amber has not flown out of the country often since they are not aware that UK has no exit border controls. UKBA has openly admitted to parliament they have no of knowing if somebody is in or out of the country at any given time.

[Casa]

Just to advise HOexpert intended to write f a k e passport but our anti-spam system automatically changes this to 'bad quality'.

[HOexpert]

I noticed that - what's up with that??

Not like I was trying to say f*u*c*k or something like that.

[vinny]

As Casa said, it is just an anti-spam measure.

[sundeep]

I attended the appointment in Liverpool on Monday the 28th afternoon together with my solicitor. We arrived late than expected and ushered in straight to a 3rd floor office. There we met two UKBA ladies and an officer for GS4 who was standing behind them. I froze a bit at that moment. The immigration officers did there home work thoroughly. They had every detail about me from the day i came to UK. all my bank accounts including copies of ID i used to open those accounts. The only think they didnt have was my previous work which i then gave to.

From the bank accounts info, they were holding this Germany passport copies which were used to open the accounts. They asked details of the person who supplied the document which i dont have anymore. The meeting was short and sharp. I politely admitted everything giving ignorance and desperation as the cause. I was promptly told ignorance is not a defense. My solicitor asked as to way forward, the reply was UKBA were passing the info to the police who will decide whats next. I was asked about any family ties in UK, how many kids, if married, any relatives back in Congo, etc. One of them then told me that because of the seriousness of the offense my application for naturalization was being denied as i was not a 'fit and proper' person.

Today i received post with just a letter stating the same. But they didnt return my Blue travel document whi i submitted together with the application. Im in a panic mode now. I have ILR. During the meeting monday they didnt mention anything about revoking that

[Amber]

It is very serious, never mind revoking ILR you could be imprisoned then deported upon release. I don't mean to scare you but you need to be realistic, you're unlikely to get anything back as the police will be passed your documents. You're very lucky to not have been arrested and detained on the spot. They were asking about family in the UK etc to see if there is a human rights case to not deport you. I think having the solicitor with you saved you from being detained.

You should try and find out who the 'solicitor' was who gave you the fraudulent passport as you may be able to make a deal with the police. You cannot use an excuse that you didn't know having a fraudulent passport was wrong. I suggest you close any fraudulent bank accounts as they'll be frozen soon anyway, if not already. Open a basic bank account in your real name and identity if you can. You'll unlikely have any chance at citizenship in the next 10 years.

And to HOexpert, the UBVI has flight alerts which detail people leaving the UK who are wanted also known in the police as an all ports warning, in such cases, when you check in the system flags you as wanted.

You do not need to go through border control to be detained by the Border Force!

[sundeep]

Got 3 kids born here of school going age. Am no longer a congolese and no chance of getting a passport from their embassy. My solicitor said if they come to the conclusion of revoking ILR it can be challenged. He is thinking maybe they want to revoke ILR and revert back to the renewable 5 year stay. Mind spinning around everywhere now

[Amber]

I think they want to deport you. Your solicitor should be looking up the sentencing guidelines for using fraudulent passports to see what you may expect. There's a human rights case with the children and if you face persecution in Congo. That might be enough to escape deportation or a custodial sentence, particularly if you're the sole/primary carer of the children.

[sundeep]

Long time. This might be my last update. I received a letter from HO last week. Its copied below. Any hope for me at all?


Re-consideration of the decision to refuse an application for British citizenship

The ways in which British citizenship can be acquired are defined in the British
Nationality Act 1981 and the regulations made under it; these can be viewed at
www.statutelaw.gov.uk
.
How we consider and decide an application for British citizenship can be viewed on our website at http://www.ukba.homeoffice.gov.uk

Where individual circumstances are not precisely covered by our instructions and there may be scope for exercising discretion beyond this, we will consider an application on its merits and with reference to agreed precedents or, in especially compelling cases, by creating a fresh precedent where this can be justified. An application which is not covered by our instructions, is not matched by agreed precedents and does not justify the creation of a new precedent,
must be refused.

As you do not meet one of the requirements for citizenship, that of good character, we have considered the exercise of discretion to overlook this, both in line with our instructions and agreed precedents and by considering the individual circumstances of your case with a view to creating a fresh precedent, but could not find sufficient reason to do so. Your application has therefore been refused.

You are a danger to the British society. A case worker will be assigned to look into your circumstance with a view of removal from the UK.

There is no right of appeal against our decision to refuse your application but if you believe it is incorrect, you can apply for it to be reconsidered by completing the enclosed Form NR. A fee of £80.00 is payable for reconsideration and should accompany your application.

If our decision is reversed and your application is approved, the fee will be used to cover the cost of your citizenship ceremony, where applicable, or refunded. If our decision is maintained, the fee will be retained to cover the costs of reviewing your application.

[Amber]

I'm sorry to hear this. I wish you the best of luck with whatever happens. Seek advice from your solicitor.

Citizenship is the least concern now. It's down to whether the CPS will charge you and the UKVI wanting to deport you. Have the police been in contact? Also, I don't think you're a danger to society however, they will say you're not conducive to the public good.

[mkhari]

Dear friend is there any update on ur case
U didnot mention on ur post that
Is ur name, date of birth on German passport are same as
Ur asylum application name or different

If different then how can they recognise u
Please reply

[CR001]

Dear friend is there any update on ur case
U didnot mention on ur post that
Is ur name, date of birth on German passport are same as
Ur asylum application name or different

If different then how can they recognise u
Please reply

Sundeep has not logged into the forum since June 2014. Unlikely that you will get a response.