I'm a PhD student in Canada, overstayed in the UK - PLS HELP

[nobelid]

I commend the quality and details of advice on diverse matters that I have read on this forum. You are all doing a great job.

As I mentioned in my subject, I am a PhD student in Canada. I paused my program to join my wife in the UK August last year as her dependant and primarily to support her after she mis-carried her first pregancy. Then she had a leave to remain under the SEGS (Science and Engineering Graduate Scheme) after completing her Masters degree here in the UK.

She was pregnant again in October last year. Our visas (hers and mine) expired in March this year, but she submitted an application for FLR under HSMP just before expiry. She was refused as well as an appeal for a review of the application. We were advised by a solicitor to apply for another student visa which she did, with me still as a dependant. I have been working as an IT consultant all this while to keep our young family (We have been married for almost 2 years).

The student visa was refused and we have been ordered to leave the UK. We had a beautiful baby boy last July and because my wife was diagnosed with Heptatitis B virus during pregnancy (even though she didn't have the virus before coming to the UK); our baby is required to take 4 dosage of specific vacination that will be administered during his first year to protect him from contracting the virus. We have communicated this situation (with proof documents) to the HO and they still retained their position that we leave the UK.

Lastly, we narrated our ordeal to our local MP who promised to act on our behalf. Afterwards, we received a letter (IS96) from HO requesting that my wife and I report to an immigration officer next Tuesday. It was stated in the letter that we are liable to be detained.

I will appreciate any advice or suggestions on what such appointment with the immigration officer would entail. If it is a common procedure, what are the things we should look out for. Moreso, when we want to leave eventually, would our exit be considered a removal or a deportation (our passports are still in HO's custody - that's quite strange to me). I am really worried about my family's immigration history; I've got a valid Canadian student visa on my passport and my family's immigration process to Canada is about getting through.

Pardon my epistle - many thanks.

[nobelid]

Someone should please respond to my plea for advice. Thank you in advance

[VictoriaS]

Am I right in assuming that you are a non EEA national?

If this is the case, then I am afraid that there is nothing that can be done. neither you nor your wife have any right to stay in the UK and there are no compassionate grounds on which you can apply to remain here.

The reporting is just to make sure that you do not disappear within the system. My advice would be to call the number on the IS96 and request that your passports be returned. I then reocmmend that you book flights back to Canada as soon as possible, ideally before you have to go to report; this way they will not remove or detain you.

Victoria

[nobelid]

Many thanks for your advice.

Your assumption is right, I am a non EEA resident. Just a few further clarifications.

1. Was the letter sent to me possibly because of a communication from my local MP; I had read a thread on this board where it was mentioned that such letter would be given usually if some form of enquiries is required to verify any claims for re-considerations?

2. You mentioned not having any grounds for considerations; can't any consideration be given at least till my son completes his vaccination. I had always thought that can be considered as a rationale to stay just for the mean time? Kindly calrify my dount on this.

3. Lastly, my wife and child are yet to obtain a Canadian visa, we can only leave for our home country at the moment. I am presuming that would not be any issue when I return to Canada or in the process of concluding the immigration procedure for my family to go to Canada; please clarify.

[VictoriaS]

If your MP wrote to the Home Office then this may be why they have decided to issue the IS96, simply because your case has been brought to their attention.

You could ask for your TA to be extended until the vaccinations are done, yes. Bring a letter from the doctor with you when you report. They usually give this in three months sections.

I don't understand the third point, sorry.

Victoria