Letter from Capita Buisness Services - please help

sneakyg · Post by **sneakyg** » Sun Apr 14, 2013 1:29 pm

Hi, just stumbled on this forum and im in desperate need for help. Im not sure if im posting in the right section etc, but im starting to panic and just need advise.

my mother has just received a letter from Capita saying that she may no longer have the right to remain in the uk.
My mum has been in the UK for the past 43 years, she came over from Jamacia in 1970 and has been happily living here ever since. my nan was already in the country and went through the necessary process to bring my mum over (mum was 15 at the time)

My mum said that she had a Jamacian passport which was stamped, but was subsequently destroyed in a flood at my nans house.

I am one of 4, we all are British born and have British passports, my Nan also has her British citizenship and so do her brothers and sisters.

a few years ago my mum applied for a new Jamaican passport and then to have this restamped. the UK border force could not find any history of her having ILR and nothing has been done since. Now she has received this letter and we need to address this

please help if you can

peppekalle · Post by **peppekalle** » Sun Apr 14, 2013 2:46 pm

http://www.guardian.co.uk/uk/2013/jan/0 ... s-leave-uk
http://www.irr.org.uk/news/capita-wrong ... ve-the-uk/

Has she got evidence she has been here for the past 43 years?She has a strong case of article 8 and it is unlikely she will be removed.You may wish to seek legal help.The agency might have lost/misplaced her documents.

sneakyg · Post by **sneakyg** » Sun Apr 14, 2013 5:28 pm

peppekalle wrote:http://www.guardian.co.uk/uk/2013/jan/0 ... s-leave-uk
http://www.irr.org.uk/news/capita-wrong ... ve-the-uk/

Has she got evidence she has been here for the past 43 years?She has a strong case of article 8 and it is unlikely she will be removed.You may wish to seek legal help.The agency might have lost/misplaced her documents.

thanks

who may have lost the paperwork?
no evidence that i can think of? ni number? driving licence?

any tips on where to start regarding legal help?

peppekalle · Post by **peppekalle** » Sun Apr 14, 2013 6:55 pm

The border agency might have lost the paper work.Do you know why she never applied for a British passport?

Try and visit your local law center http://www.lawcentres.org.uk/i-am-looking-for-advice.

She may wish to apply for her personal data http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Getting driving license and NI number would be a good start if they were issued all those years back.

sneakyg · Post by **sneakyg** » Sun Apr 14, 2013 7:23 pm

peppekalle wrote:The border agency might have lost the paper work.Do you know why she never applied for a British passport?

Try and visit your local law center http://www.lawcentres.org.uk/i-am-looking-for-advice.

She may wish to apply for her personal data http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Getting driving license and NI number would be a good start if they were issued all those years back.

thanks

she never applied as she doesnt like planes and had no intention on going on holiday (also think she was a bit lazy), so she never thought about needing one.

she recived a NI number when she turned 16, she has been here since she was 15

Post by **vinny** » Mon Apr 15, 2013 1:16 am

Note that she came before the 1971 Act was in force. So, 34(3) was probably applicable.

sneakyg · Post by **sneakyg** » Mon Apr 15, 2013 1:44 am

vinny wrote:Note that she came before the 1971 Act was in force. So, 34(3) was probably applicable.

thanks

people on here are so helpful.

what do u suggest i do with this information? im guessing that their should be proof that she arrived in 1970? as she came in on a plane?

sorry for sounding thick

peppekalle · Post by **peppekalle** » Mon Apr 15, 2013 5:45 am

The first thing i would do is go to your local law center together with the letter and the NI number.

They will help you clear this misunderstanding by the border agency.They are very helpful.

sneakyg · Post by **sneakyg** » Mon Apr 15, 2013 5:51 pm

hi, does anyone know if the border force can simply come and knock on the door and take my mum away?

it seems like their are many things in her favour in this case, but it doesnt stop me from worrying and wondering

thanks

peppekalle · Post by **peppekalle** » Mon Apr 15, 2013 6:04 pm

The border agency can knock on your mums door and detain her and try and remove her within 72 hours.The most important thing is to seek legal help as soon as possible.

It is extremely difficult to get legal help while in detention .

sneakyg · Post by **sneakyg** » Mon Apr 15, 2013 8:59 pm

peppekalle wrote:The border agency can knock on your mums door and detain her and try and remove her within 72 hours.The most important thing is to seek legal help as soon as possible.

It is extremely difficult to get legal help while in detention .

horrible to hear that, but thanks for the info

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Letter from Capita Buisness Services - please help

Letter from Capita Buisness Services - please help