URGENT ADVICE NEEDED HUSBAND IN IMMIGRATION REMOVAL CENTRE

[DEBBIE]

My husbands appeal rights are exhausted as they say and 2 weeks ago this monday he was sent to Colnbrook irc then after one week he was sent on to Oakington Reception Centre I am upset as I dont know how to help we have two kids and one on the way in 7 weeks this is not helping my pregnancy nobody is telling him what is going on and I dont know what I can do to help can anyone give me some advice please



[ EDIT : by Admin to remove the ALL CAPS - DEBBIE, we understand that you are upset. However, all-caps typing makes posts very difficult to read. ]

[OL7MAX]

DEBBIE, please give more details so people here are better able to comment.

In November last year you said:

my husband is sri lankan and i am british he has been living here since 1999 weve been married 4yrs and have 2 kids 2gether and one step child we applied for family ilr exercise in may this yr and were turned down because a drink driving offence it has been apealled and is now going 2 the tribunal on 8 dec 06 we have been paying for a solicotar but cannot afford barrister fees as we have been told it will cost �900 i am on jobseekers my partner has no job yet is there anything we can do? have been told it will cost �500 even with legal aid can anyone help with some advice

If you and the children are British then it's my guess that you'll be entitled to apply for legal aid to argue that deporting him will be in violation of your rights under Article 8 of the Human Rights Convention. But, I am no expert in these matters.

[DEBBIE]

There is so much that has happened it would be to much to put down but yes in Dec hr appeal was heard but 10 days later was dismissed by the immigration judge high court filter sought 6 days later but was refused 1 month later then it says appeals rights exhausted on 31 Jan and when he went to report at the immigration office as he has done every week he was detained 12/03 removal was suppose to be on 15/03 but the solicitor stopped the flight based on he says he still has a case pending but immigration say they didnt recieve that file but solicitor has proof of posting and delivery but now solicitor wants more money and I have nothing and dont know my rights or my husbands



[ EDIT : by Admin to remove the ALL CAPS - DEBBIE, we understand that you are upset. However, all-caps typing makes posts very difficult to read. Punctuation also helps. ]

[DEBBIE]

[ Duplicate post deleted by Admin - was identical to the one above. ]

[DEBBIE]

HAS ANYONE ANY ADVICE PLEASE IM WORRIED SICK AND DONT KNOW WHAT TO DO OR WHERE TO GO PLEASE ANY ADVICE

[Administrator]

.

Debbie --

I'm sorry to hear you're having this difficulty.

However, for us to help, we need the information to be a bit more clear.

1) Are you a British citizen? Are your children?

2) Is your husband being deported? On what basis?

3) This appears to be important, but I quite frankly am not clear what exactly has happened here:

in Dec hr appeal was heard but 10 days later was dismissed by the immigration judge high court filter sought 6 days later but was refused 1 month later then it says appeals rights exhausted

Was he called in for an immigration hearing, or was this related to the drink driving appeal?

Are these two things related?

Is immigration reviewing his status or attempting to deport him on drink driving?

How is immigration interested in your husband?

The Admin

[DEBBIE]

HI, yes me and my kids are british citizens born here and they sent him to the IRC because they say he has no more appeals outstanding hes last hearing he went to was on 08/12 which was dismissed on 18/12 after that he didnt attend anything hes solicitor applied for the high court filter which was refused the immigration are in the process of deporting him but i dont know what is happening as they have told my husband or myself nothing and they have said only that hes family ilr was turned down because of the drink driving that was on 13/06 i really dont know what interest the immigration has in my husband im totally lost

[Jeff Albright]

Sorry to hear about this but your husband will be able to apply for the correct entry clearance to return - he is being given removal directions and is not subject to any deportation order.

You can call Oakington: 01954 783000, fax 01954 783091 and speak to the Chief Immigration Officer Susan Ward and ask questions.

Has an appeal been made on Human Rights or Asylum?

If you are legally married, intend to live together as husband and wife, have accommodation and can support yourselves without public funds - all what is required for his entry clearance to return to you instead of fighting the case that may not even be worth the effort. It can take months and years to fight this case but it will only take a few weeks to obtain the necessary entry clearance, return and put this all behind you - your husband cannot be refused simply on the basis of his "poor" immigration history.

[DEBBIE]

Hi, no appeal has been made since he has been detained and to get entry clearance from sri lanka wouldnt we both have had to be working in this country for more than a few months as he was not allowed 2 work and im on income support wouldnt this be difficult also we have no savings we are legally married and have been living together for the last 5 years also wouldnt he have a problem because of the criminal record

[Jeff Albright]

Criminal record itself is not yet a valid reason for refusal of an entry clearance application even though there is a question like this in VAF.

Suggest you get a job (any) even temporarily in order to satisfy the maintenance requirement of the immigration rule. Can you not get one? Can your family help looking after your children? It does not need to be forever - simply for a few weeks until the entry clearance application is processed. Moreover, you should have been already aware that the mainenance requirement is essential in order to satisfy the rule. You could have gotten even a low paid job for a while, which would have given you more money than that income support.
Your pregnancy is another issue...
You guys should have planned all this - marriage, jobs, getting pregnant... knowing that your husband's immigration status was not resolved. First and foremost this should have been taken care of but now you both have to learn from your mistakes...
Basically, I find it hard to advise in this situation. Perhaps you should drag your case until your new child arrives and you get well enough to start working. Can any member of your family provide evidence that they can support you for a while? Another option is to get any job for your husband, even provisionally, anything, cleaning, sales, catering for example... and get a prospective employer to write a letter confirming a job offer and salary, which would be acceptable by the embassy in your husband's country of nationality.
I wish you the best...

[OL7MAX]

as they have told my husband or myself nothing

Debbie, I find this bit difficult to understand. They are required to inform you of reasons for decisions and I can show you detailed home office guidelines to staff instructing them on how to do this, in what form to do it and even specifying that if an application is turned down on multiple grounds then every single one has to be explained in full. While I criticise the HO in many of my posts I do believe that they faithfully provide all of the above (even if it's only to protect their own mule).

So, while it's easy to play victim by claiming you've been kept in the dark, not everybody would buy that. I suggest you do some digging around in your document pile, talking to your lawyers, actually reading the documents and being better aware of your facts before seeking help here. When you've done that by all means come back and update us.

I find your original post outrageous lazy. You come for help on a serious matter and can't be bothered to explain the situation in more than two and a half lines. Perhaps you were overwrought and in a moment of stress so we requested the full story and waited for it. We're still waiting. In your documents you'll find detailed reasons for every instance they turned an application or appeal down. Pretending they don't exist won't make them go away.

Playing dumb is not the smartest way to win with the Home Office.