Potential Admin Removal Advice Please

[toucam]

I was just told yesterday by my company's HR Dpt. that HO had called and enquired about me and advised them that I have been working over 20 hours per week (I'm on student visa but already finished a Masters last year). My company didn't even bother to check my student status and somehow let me work as many hours as I pleased.

I'm quite surprised because I heard that normally they just raid your house out of the blue but they told my employer before without thinking that this would alert me?

I want to go home anyway so my question is what will happen next as I need sometime to pack my things, close bank acc, phone contract etc... you know what I mean.

What further actions will HO take from this point on? How long do I have? Will they knock on my door at 3 in the morning or will they send me a notice of removal? I'm just guessing that they probably are in the evidence-gathering stage. Does anyone have any experience with this and care to share?

It feels very much like the calm before the storm, hmm.

Your help is much appreciated.

[Dawie]

You might want to find out who grassed you out. Someone must have informed the Home Office that you were working illegally and given them reason to investigate and call your company.

I think you should be OK to visit your house during the day and to pack up your stuff. I doubt they have staked out your property and are just waiting for you to arrive home so that they can abseil down from the roof and blow the hinges off your door.

Once you've packed up your stuff you should stay at a friends place until you can sort out the rest of your affairs.

Technically you are not yet an overstayer because although you have breached the terms of your visa, it is still valid. So you will have no problems leaving the country if you encounter a random immigration exit check at the airport.

All in all, I would say that as long as you avoid the address that you are normally resident in, you should be fine. Ultimately you are a very small fish in a huge ocean.

Good luck!

[VictoriaS]

Ah, who knows what the Home Office will do.

Best case - they do nothing.

Worst case - they come and haul you off to a detention centre pending your removal.

Go to your house, pack your stuff, leave asap. Leave instructions with a friend in case you don't have time. It might also be an idea to book a flight - they are then more likely to not detail you if they think you are leaving already.

Do your employers know that they are liable for prosecution? You might want to warn them, seeing as they were kind enough to warn you.

Victoria

[toucam]

Thanks very much for your responses.

I used to work for a few years as an interpreter for different firms around London, been to quite a few detention centres and I can't believe now I'm somewhat in the same position as those people I had helped, I can't tell you it feels awful

I don't believe the Home Office have the resources or manpower to look at every single student in this country for their conduct, something must have happened to my file or like you said somebody grassed me out. The only reason I can think of is that I had to do a Criminal Record Bureau (CRB) check a couple of months ago which included all my details; payslip, copies of passport, visa. I never knew that this would also be passed on to the Home Office.

So basically like you said they would react that quick, that it's not even safe for me to stay at the house even just after 2 days of this happened.
There will be no letter or anything like that? Just get hauled to a detention centre and dumped on a plane?

It's supposed to be confidential but I've got a friend in the office who told me.

I wouldn't worry too much about the "company" because they're one of the largest bodies in this country and they have their own legal department to deal with this sort of things.

Looks like I have to act quick, can't believe I've just ordered Grey's Anatomy Series 3, well I can watch it at home then.

[VictoriaS]

Not saying they will do this, but they might...it is impossible to tell.

Victoria

[immigration1]

Firstly, the HO have to let you know that you have breached your student leave before they do anything. They also have to give you a right of appeal in-country as to cancel your leave would be a relevant immigration decision. UKIS do not have the resources to raid student homes as they are focuing on serious criminals, deportation subjects. In any event, before they do anything they have to PUT THIS IN WRITING to you. BEst is to instruct a solicitor who can advise you further. Alternatively you could inform them that you wish to leave the UK voluntarily. They always like that rather than removing people from the UK by force.

[toucam]

Looks like you were right!
Does this apply to me?

http://www.ind.homeoffice.gov.uk/6353/6 ... policy.pdf

Firstly, the HO have to let you know that you have breached your student leave before they do anything. They also have to give you a right of appeal in-country as to cancel your leave would be a relevant immigration decision. UKIS do not have the resources to raid student homes as they are focuing on serious criminals, deportation subjects. In any event, before they do anything they have to PUT THIS IN WRITING to you. BEst is to instruct a solicitor who can advise you further. Alternatively you could inform them that you wish to leave the UK voluntarily. They always like that rather than removing people from the UK by force.

[jimquk]

Yes, they have to let you know before they remove you. However, they can detain you, inform you of intention to remove, and then proceed from there.

I think it's unlikely they will come looking for you soon, but the advice to stay somewhere else is good, also stop working at your workplace; and make arrangements to return as soon as possible. They won't detain you if they are satisfied you are going of your own accord.

Good luck!