Interview at the Airport

sim27 · Post by **sim27** » Fri Mar 16, 2012 4:19 pm

Hi everyone,
got a letter to attend an interview regarding my immigration status at Edinburgh enforcement and compliance unit Almond house Edinburgh Airport.I don't know what is all about.....as I have an outstanding reconsideration application at the home.

Any advice will be really appreciated.
Thank you.

Post by **Lucapooka** » Sat Mar 17, 2012 9:32 am

Go to the interview. You are asking for advice on comment on your situation but nobody knows anything about you.

The interview location seems to have worried you as it's at the airport. But look at this objectively. They don't invite people to the airport of their own free will and then put them on a plane. There may not even be a flight to your country from that location! The location of the UKBA being at the airport is relevant because there needs to be a presence there to deal with passengers and it makes sense to house other UKBA departments in one location. The letter is not a removal notice; it's a polite request to attend an interview and if the time stated is not convenient you should call to request another date. Go to the interview and be open and honest. If you think you won't be able to understand what is being said then take a legal representative with you; someone who will be able to explain your rights in the event that instructions are given. Only by going to this appointment will you get to know sooner rather than later, what is in the mind of the UKBA with regard to your outstanding application. Good luck!

sim27 · Post by **sim27** » Sat Mar 17, 2012 10:06 pm

Thanks for your advice.
Well, I am an over stayer,living with my British partner and our 2 kids.I applied for Discretionary leave March 2011 base on my family which was refused and my solicitor sent a letter of reconsideration in June,and another one in November 2011 with no reply from the home office.So,this interview letter is kind of scary.My partner is so scare that they might put me on the plane back to Nigeria......cos they ask me to bring passport or any ID and immigration document.

Thanks.
Sim

Humanity · Post by **Humanity** » Sun Mar 18, 2012 1:16 pm

sim27 wrote:Thanks for your advice.

Thanks.
Sim

Kind of Risky, like the other person said , a Legal Representative present with you is highly advisable , I say take your kids along too. The probability of getting detained is high ( don't mean to spread fear). Then again it might be nothing, you've been living in fear for years...I say face it once and for all. Keep us up-to date. Will put you in prayers.

sim27 · Post by **sim27** » Mon Mar 19, 2012 8:12 am

Thank you guys for all your advice.Will keep you update.

sim27 · Post by **sim27** » Wed Mar 21, 2012 8:01 am

Hi guys,

I have been for the interview at the Airport yesterday.
Basically the lady says:my reconsideration application has been refused since January this year.So, as of yesterday I have no permission to stay in this country and I should start making a preparation to leave.I don't know what to do anymore!this is really affecting me and my family.I am thinking i should make a fresh application for Zambrano or ask my solicitor to challenge the refusal decision....help guys......

Thank you

Humanity · Post by **Humanity** » Wed Mar 21, 2012 4:34 pm

Thank you

Hey I really empathize with you. This must be absolutely discouraging, the legality of separating family because of Immigration is cruelty to the extreme. Applying under Zambrano... not sure since it only applies to sole carer but you at the stage trying every trick in the book is worth a shot. What's your solicitor advising you to do? It's there anyway you can get this to court , least a Judge can apply his own human discretion. Arguing your case in the court of law is the only route I can think of.

Have a word with Victoria of 'MediVisa' on UK Resident forum. She seems to be a good Solicitor.

Post by **Greenie** » Wed Mar 21, 2012 4:41 pm

Humanity wrote:
Thank you
Hey I really empathize with you. This must be absolutely discouraging, the legality of separating family because of Immigration is cruelty to the extreme. Applying under Zambrano... not sure since it only applies to sole carer but you at the stage trying every trick in the book is worth a shot. What's your solicitor advising you to do? It's there anyway you can get this to court , least a Judge can apply his own human discretion. Arguing your case in the court of law is the only route I can think of.

Have a word with Victoria of 'MediVisa' on UK Resident forum. She seems to be a good Solicitor.

MediVisas are not solicitors, they are OISC immigation advisors. The OP is based in Edinburgh so instructing an advisor in london particularly if he is at risk of removal is not the best idea.

Humanity- did the UKBA give you a reasons for refusal letter from January?

Humanity · Post by **Humanity** » Wed Mar 21, 2012 4:51 pm

Yet to put an application in, but if I did probably will be applying for DLR. Greenie what would you advise the OP to do?

Africanqueen1502 · Post by **Africanqueen1502** » Wed Mar 21, 2012 5:15 pm

Hi Sim27

So sorry about wat ur going thru, however I'm advising from my own experience. Would it be possible to go back to nigeria marry ur partner and apply for a spouse visa? Is ur partnering working? I ask as my husband was granted a spouse a week ago.

He was an overstayer for 10 yrs, had two failed application, one studid and one discretionary leave due to the violence at that time in zimbabwe. He also had A drink drivin conviction. But decided to go back to his home country of Zimbabwe, we got married n then applied for the spouse visa, which was granted within 15 working days. I work full time but get some housing benefit, tax credit and child benefits for our 2 kids.

If you guys can meet the requirements then it's an option to consider??? Anyway wish u the best of luck...

Post by **Greenie** » Wed Mar 21, 2012 5:16 pm

Humanity wrote:Yet to put an application in, but if I did probably will be applying for DLR. Greenie what would you advise the OP to do?

sorry - should have directed that question to sim27!

sim27 · Post by **sim27** » Thu Mar 22, 2012 8:24 am

Thank you guys for all your advice.
Well,my partner is not working at the moment and she will be starting uni by September.Basically,what the refusal letter says was the same as first refusal:because I have no leave to remain at the time of my application so therefore my application has been refused and also,I started a family and private life when I know I have no leave to remain.I was advised to go back to Nigeria and get an entry clearance visa,but I wont be able to satisfy the ECO since my wife is not working and I have no sponsor.
I have booked an appointment to see my Solicitor on Monday to discuss my options.This is so stressful eh.

yusfaith · Post by **yusfaith** » Thu Mar 22, 2012 12:03 pm

I will not advise you to go back to nigeria to apply for entry clearance most especially when you partner is not working, it would be difficult to convince the ECO that she would be able to maintain you with the recourse to public fund. I strong believe you can fight you case here in UK if you have a good solicitor. I am a british national and I put in an application for my partner and she got her discretionary leave for 3 years. Your solicitor can make a reference to base his arguement on Beoko-betts(FC)(Applicant) V SSHD(Respondent)[2008] UKHL 39. where House of lord decided that the family life of all relevant family member should be considered.

Also a case of Chikwamba V SSHD(2008) UKHL 40 where the house of lords considered whether someone with a family settled in the UK should usually be expected to return to his or her home country to make entry clearance rather than being allowed to remained in the UK on the basis of Article 8. It was decided that if Article 8 would otherwise entitled someone to remain in the UK, he or she should not ordinary be required to go home in order to make an application to return to the UK especially if there are children involved.

I strongly believe you have a case under Article 8 but you need a good solicitor to handle you case.

sim27 · Post by **sim27** » Thu Sep 06, 2012 3:08 pm

Hello everyone,

Just an update on my case.
My solicitor faxed croydon office 2 weeks ago asking for service of a removal direction to proceed to appeal and this is the reply;

Thanks for your letter.I have passed your letter to a caseworker to consider Mr Sim's case with a view to them making a decision on it within next four weeks.

Has anyone be in thesame situation before?is this a good thing.....?will it lead to a grant?
your advice please....

Thank you.
Sim

Humanity · Post by **Humanity** » Thu Sep 13, 2012 6:00 pm

I will just up say hope for the best. Since Immigration rules have changed lately, and within the new provision, I believe your case stacks up well. Just a very tedious process. Hopefully there is a good news to follow.

naija99 · Post by **naija99** » Fri Sep 14, 2012 10:15 am

Did you go for the interview Sim? What happened?

sim27 · Post by **sim27** » Fri Sep 14, 2012 1:34 pm

Yeah, I went for the interview and I was served with 151A liability to detention and I got IS.96 in the post days after the interview.

peppekalle · Post by **peppekalle** » Sat Sep 15, 2012 3:03 pm

sim27 wrote:Hello everyone,

Just an update on my case.
My solicitor faxed croydon office 2 weeks ago asking for service of a removal direction to proceed to appeal and this is the reply;

Thanks for your letter.I have passed your letter to a caseworker to consider Mr Sim's case with a view to them making a decision on it within next four weeks.

Has anyone be in thesame situation before?is this a good thing.....?will it lead to a grant?
your advice please....

Have you been issued with removal directions?They will delay to issue you with one if they haven't issued you with one already if they know you have strong article 8 case.Hang on to your solicitor.......good luck.

Thank you.
Sim

sim27 · Post by **sim27** » Sat Feb 16, 2013 9:47 am

Finally got my biometric residence permitt, 30 months leave to remain with my passport.
I want to thank everyone for all the advice given to me on here.Its a blessing to have this forum.You guys are blessed......for those who are still waiting,I pray that your goodnews comes soon.

God bless.
Sim

Post by **Casa** » Sat Feb 16, 2013 10:07 am

Good news! Congratulations Sim.

wiggsy · Post by **wiggsy** » Tue Feb 19, 2013 3:30 am

on what basis did you get your residency Sim?

which application did you file?

Humanity · Post by **Humanity** » Tue Feb 19, 2013 5:19 pm

Congratz ! Absolutely delighted.

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Interview at the Airport

Interview at the Airport

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Finally granted 30months leave to remain