CONFUSED OVERTSAYER GIVEN TEMPORARY ADMISSION

[magata]

Hi All,

I wonder if you could help this guy.

He is from Venezuela came 3 years ago and overstayed after 6 months tourist visa. Sadly he was recently caught by the HO and questioned about his status he told them alL the true. After that, he was finger printed and a picture was taken. However, he was released and and received a form IS15A (I hope is right) which clearly stated that he had to attend the Eaton House in Hounslow the following week for an admistrative removal. Then, a week later he went with his luggage and thought that he was going to be sent back home. But to his surprise he was given a form which stated he was given temporary admission and liable to be detained and also mentioned that he must attend attend every Wednesday to sign until further notice. He went to see a solicitor who advised him that the only way he could stay here is maybe by making an application for asylum/human rights which will cost him £2500 but with not guarantiies.

As you can see from his situation it does not look good. However, Therefore, would you please comment on the following questions:

What is likely to happen to him?

What is likely the next step that the BIA will take?

Do you think that he is got a chance by making an asylum claim as advice by this solicitor? or rather will he be wasting his money?

What advice can you give to him?

Many thanks

[sakura]

Why would he have to pay £2500 to apply for asylum? Please tell me this. Do you know think people would ever have to pay money to claim asylum? That's just a money-grabbing solicitor, IMHO. So don't pay a penny.

If he has been here 3 years already and did not apply for asylum before, would they even consider his application? Does the UK have such a policy (and what's happening in Ven. anyway?)?

[Jeff Albright]

What is likely to happen to him?

What happened so far is strange. He could only have been given a temporary admission if there was an application (asylum or human rights) outstanding made on his behalf or the BIA are the ones who got it wrong!!!

What is likely the next step that the BIA will take?

No idea without knowing what is on his file, who made that application and on what grounds it was made. Until the application is decided, BIA will take no action. If he continues to attend and sign as instructed, he won't be detained. However, if an application is decided and refused, he may be detained pending removal.

Do you think that he is got a chance by making an asylum claim as advice by this solicitor? or rather will he be wasting his money?

Depends on what sort of application has already been made that led to him being given a temporary admission. Suggest you ask him to get all the documents together and find out on what grounds the admission was given.
From the brief description of the case you have given, his Human Rights application will probably fail, so there will be a waste of £2500.
Asylum - don't know, depends on his circumstances and the situation in his country.

What advice can you give to him?

Firstly to find out the grounds of the temporary admission.

[magata]

Hello Guys,.

Thanks a lot for the professional comments made by you with regards to the above case.

would like to clarify that according to him he has not filled or submitted a HR or Asylum application.Please see further information with regards to the case. He was given a form called IS96




Immigration act 1971- Notification of temporary admission to a person who is liable to be detained



Temporary admission restrictions

You must reside at the address shown at X above

You must report to an immigration officer at

UK Immigration Service
Eaton House
581 Staines Road


On XX June 2007 Between 09:00-11:00

And than weekly on xxxxxxx Between 9:00-11:00

Until further notice when you must report to an immigration official at the address shown above
Failure to comply with any of the above restrictions, without reasonable excuse, is criminal offence.

Any change of restriction


If these restrictions are to be changed, we will write to you

*Although you have been temporarily admitted, you remain liable to be detained
*You have not been give leave to enter the UK within the meaning of the Immigration Act 1971

Date xxxxx Immigration Officer
Signature

[Jeff Albright]

Yes, this is clear.
What needed is full information leading to the issue of IS96. The temporary admission cannot be given just like that. The purpose of the temporary admission is:
- to give the BIA time to consider some grounds, some form of an application submitted to them by the applicant that present a barrier to removal from the UK
- to allow the applicant to remain while that application is being considered.

This may be an asylum application or an application on human rights grounds.

As far as the BIA are aware, there is some sort of pending application made on behalf of your friend. The only alternative would be if the BIA made an error and entered some information wrong into one of the fields on their computer file or confused your friend with someone else. These things may happen.

If your friend does not want to be kept "hanging", I would advise to call the BIA, give them the reference number and find out on what grounds he has been given temporary admission. If there has been an error, as soon as it is corrected, your friend will face immediate removal as an overstayer without any pending application. If that error remains in the system, your friend will be forced to go and sign every week for many years until it is either picked up or he becomes fed up and leaves the country.

[magata]

Jeff, many thanks for replying, it is clearly that you really know what you are talking about. I have spoken to my friend with regards to the concise comments made by you. Obviosly, he would not like to be kept hanging. Next Wednesday when he goes to sign again, he will ask them about the apparent grounds that he was given temporary amission.

I will keep you informed of the outcome.

Thanks again for valuable advice.

Regards

[Jeff Albright]

I would still suggest calling BIA main customer service number quoting his reference number and finding out if there is an application pending.
Alternatively. he might wish to call Immigration Service at Eaton House and ask them.
If he goes there and if they find that the temporary admission was given in error, he might be arrested and detained at the spot. To avoid this, I suggest the method above.

[magata]

Hi Jeff,

I though I would Inform you of the outcome of this case. Last week my friend went to sign as usual and to his surprise was given an extension until November. Obviously, he was not only very astonished but also very happy. However, the same document stated that he has to continue attending on a different day of the week. This week he attended as usual to sign and unfortunately was detained and taken to a police station in the city waiting to be moved to a detention centre close to the airport until the flight leaves which is only in a few days time. He was told that he could use the services of an immigration solicitor/lawyer. However, due to not having strong grounds for an appeal, He has decided that he will not waste any money on solicitors

Regards

[Jeff Albright]

Well, sorry to hear about this although this is what was expected. They were probably reviewing his case and gave him temporary admission until they sorted the paperwork out.

I hope he will now prepare successful visa application to return in the category leading to settlement.

[Maia]

Hello Jeff,

I need advice please.

I'm married to an eea citizen and filed for family permit but it was rejected because of treaty right.

While we are trying to get his job status sorted as he lost his previous job while the application was in the home office. My partner has now been registered as a self employed as he has started a business. I received a notice of temporary admission and to report to the home office, can I submit a fresh application as all the document needed to file a new application has just been completed.

Can I submit a new application is my question. Please

[Casa]

Hello Jeff,

I need advice please.

I'm married to an eea citizen and filed for family permit but it was rejected because of treaty right.

While we are trying to get his job status sorted as he lost his previous job while the application was in the home office. My partner has now been registered as a self employed as he has started a business. I received a notice of temporary admission and to report to the home office, can I submit a fresh application as all the document needed to file a new application has just been completed.

Can I submit a new application is my question. Please

This thread has been inactive for 10 years and 'Jeff' hasn't visited the forum since October 2010 I suggest you open your own topic and post your questions there.