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Hello, i just have some question about illegal immigrants

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Zuikelius
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Joined: Tue Aug 16, 2011 7:51 pm

Hello, i just have some question about illegal immigrants

Post by Zuikelius » Tue Aug 16, 2011 8:02 pm

hi, my boyfriend is illegal immigrant in uk, at the moment he is in prison. the point is that he was living here for 12yrs and never had criminal record before... he was paying taxes and insurance, but only problem was that he got a fake ID. Hes waiting for a court now, what can happen after the court? is there is any chance that he might be allowed to stay in country? :(

peppekalle
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Post by peppekalle » Tue Aug 16, 2011 8:20 pm

After his sentence he will probably be taken to detention center after his sentence and they will try and remove him within 3 days.

How long have you been going out?Have you got any children?The reason i am asking is he may have a strong article 8 case.Get a lawyer before he is released.

Visit him as much as you can in prison .It will help when the case comes to appeal.

Zuikelius
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Post by Zuikelius » Tue Aug 16, 2011 8:53 pm

peppekalle wrote:After his sentence he will probably be taken to detention center after his sentence and they will try and remove him within 3 days.

How long have you been going out?Have you got any children?The reason i am asking is he may have a strong article 8 case.Get a lawyer before he is released.

Visit him as much as you can in prison .It will help when the case comes to appeal.


We been going out about year now, im trying to visit him as much as i can. No we dont have children.. His solicitor first time said that he might get 6-10months in jail after court, but recently she said to him that he might get 18months to 10yrs in jail.... so im very confused...
oh and if i would call his solicitor is she would talk about his case with me? im first time in that kind situation.

PaperPusher
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Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Aug 16, 2011 9:01 pm

Have you been living together? What is your nationality?

I don't know whether his solicitor will talk to you. I guess your boyfriend must give permission first.
Zuikelius wrote:
peppekalle wrote:After his sentence he will probably be taken to detention center after his sentence and they will try and remove him within 3 days.

How long have you been going out?Have you got any children?The reason i am asking is he may have a strong article 8 case.Get a lawyer before he is released.

Visit him as much as you can in prison .It will help when the case comes to appeal.


We been going out about year now, im trying to visit him as much as i can. No we dont have children.. His solicitor first time said that he might get 6-10months in jail after court, but recently she said to him that he might get 18months to 10yrs in jail.... so im very confused...
oh and if i would call his solicitor is she would talk about his case with me? im first time in that kind situation.

Zuikelius
Newly Registered
Posts: 3
Joined: Tue Aug 16, 2011 7:51 pm

Post by Zuikelius » Tue Aug 16, 2011 9:14 pm

PaperPusher wrote:Have you been living together? What is your nationality?

I don't know whether his solicitor will talk to you. I guess your boyfriend must give permission first.
Zuikelius wrote:
peppekalle wrote:After his sentence he will probably be taken to detention center after his sentence and they will try and remove him within 3 days.

How long have you been going out?Have you got any children?The reason i am asking is he may have a strong article 8 case.Get a lawyer before he is released.

Visit him as much as you can in prison .It will help when the case comes to appeal.


We been going out about year now, im trying to visit him as much as i can. No we dont have children.. His solicitor first time said that he might get 6-10months in jail after court, but recently she said to him that he might get 18months to 10yrs in jail.... so im very confused...
oh and if i would call his solicitor is she would talk about his case with me? im first time in that kind situation.


we wasn't living together, I'm Lithuanian, he's Albanian

peppekalle
Senior Member
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Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Wed Aug 17, 2011 7:36 am

I know people who used fake papers and were sentenced 6 months in prison.I doubt he will get a year.



Try and gather evidence that he has been working and paying taxes,proof that he has been here for 12 years and proof that you in a relationship for 1 year.You will need this in case you decide to appeal his removal.

Is there any reason why he cannot go back to Albania ?Why didn't he try and regularize his status earlier? This is one of the many questions he might be asked.Please don;t give me the answers to the above questions i am just keeping you informed of what might happen after his sentence.

mochyn
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Re: Hello, i just have some question about illegal immigrant

Post by mochyn » Wed Aug 17, 2011 9:06 am

Zuikelius wrote:hi, my boyfriend is illegal immigrant in uk, at the moment he is in prison. the point is that he was living here for 12yrs and never had criminal record before... he was paying taxes and insurance, but only problem was that he got a fake ID. Hes waiting for a court now, what can happen after the court? is there is any chance that he might be allowed to stay in country? :(
He broke the law by working illegally so saying he was paying taxes and insurance will not be helpful.It means that he was taking a job that someone who is in the UK legally could do.Saying the only problem is a fake ID is not true and he is looking to be deported after serving his sentence as you have no basis or him to stay - no children , no long term relationship

Mr Rusty
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Post by Mr Rusty » Wed Aug 17, 2011 9:34 am

If he is convicted and sentenced to imprisonment for 1 year or longer, he will automatically be considered for a Deportation Order at the end of his sentence. This is rather more serious than just being removed as an illegal entrant or overstayer, and while due consideration will be given to any compassionate factors, and he would have a right of appeal against the notice of intention to make a DO, UKBA are under pressure to remove foreign criminals, and they will try very hard to remove him. If he is made the subject of a Deportation Order, he can not return to the UK until it is revoked, which may be several years.

Its not clear what offence he is alleged to have committed, but if he is prosecuted under the Identity Cards Act 2006, convictions a couple of years ago were attracting sentences of between 9 and 18 months - I don't know what the current situation is. The solicitor's initial advice was maybe based on the hope that the case might be tried in the magistrate's court where the sentence would be lighter, but presumably he's to be tried on indictment at Crown Court, and the Act referred to does provide for sentences up to 10 years.

PaperPusher
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Location: London

Post by PaperPusher » Wed Aug 17, 2011 9:45 am

I was also thinking ...... mmmmm ..... Albanian, came around 1999, possibly put in a bogus asylum claim as a Kosovan, possibly even claimed to be a minor too.

This is the time for your boyfriend to be completely honest with his solicitor, otherwise they cannot help.

net5
Junior Member
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Joined: Thu Aug 11, 2011 1:29 pm

Post by net5 » Wed Aug 17, 2011 2:17 pm

i was in the same situation last year and i got 6months in prison. When he was arrested the ukba would have asked him questions about your r.ship, an immigration solicitor would not get involve until he is sentenced. I met people who got less than 12 months and the judge recommended a deportation.

net5
Junior Member
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Joined: Thu Aug 11, 2011 1:29 pm

Post by net5 » Wed Aug 17, 2011 2:18 pm

i was in the same situation last year and i got 6months in prison. When he was arrested the ukba would have asked him questions about your r.ship, an immigration solicitor would not get involve until he is sentenced. I met people who got less than 12 months and the judge recommended a deportation.

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Aug 18, 2011 4:13 am

net5 wrote:. I met people who got less than 12 months and the judge recommended a deportation.
The judge can recommend deportation whatever the sentence. If it's 12 months imprisonment or more UKBA will automatically take proceedings to raise a Deportation Order, whether the judge recommends it or not.

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