deception of visa please reply asap really in graet trouble

seemal · Post by **seemal** » Mon Jul 01, 2013 8:44 pm

hello i have been sentenced for 12 months for deception of visa will i be deported automatically or i have some route or can i apply another application like flro as my family is here i have two kids one has some health problems i m living here for about 9 years plz help me or reply me if some body have the same case plz get back to me thanks

Post by **Amber** » Mon Jul 01, 2013 8:57 pm

Please clarify have you been sent to prison for deception or do you mean banned for using false documents? If so the entry ban is 10 years but this doesn't apply to family applications.

seemal · Post by **seemal** » Mon Jul 01, 2013 9:16 pm

I have send to prison my application for interpruner is pending I haven't receive any letter from home office for either deportation or refusal of visa will I can get visa on human right bases or not please help

Post by **Amber** » Mon Jul 01, 2013 9:30 pm

Difficult to say you'll be subject to the suitability requirement, whether having a custodial sentence indicates a fail is difficult. No doubt the home office will want to deport you. Get some legal advice, family right leave me be possible. Were you making visas for people?

seemal · Post by **seemal** » Mon Jul 01, 2013 9:36 pm

I was company employ on work permit they haven't done any thing to other employ still company owners are outside I don't know what's going on

Post by **Amber** » Mon Jul 01, 2013 10:07 pm

Have you been in prison? What was your offence exactly?

seemal · Post by **seemal** » Mon Jul 01, 2013 10:26 pm

Yes deception of visa imigration act 24A and imigration act 25

Post by **Amber** » Mon Jul 01, 2013 10:31 pm

Ok you should seek legal advice looking towards family life leave, I assume you still have contact with the child. What was your immigration status before imprisonment?

Post by **PaperPusher** » Mon Jul 01, 2013 10:40 pm

Are you in prison after going to court for a criminal offence, or are you in immigration detention?

If you have been convicted are these the offences?

Assisting Unlawful Immigration to a Member State (facilitation) - section 25 Immigration Act 197

Obtaining Leave by Deception - section 24A (1) Immigration Act 1971

How old are your children and what is their immigration status and nationality?

seemal · Post by **seemal** » Mon Jul 01, 2013 10:41 pm

Workpermit any one have this type of case plz reply thanks

Post by **Amber** » Mon Jul 01, 2013 10:58 pm

You need to seek legal advice!

Babz · Post by **Babz** » Mon Jul 01, 2013 11:24 pm

PaperPusher wrote:Are you in prison after going to court for a criminal offence, or are you in immigration detention?

If you have been convicted are these the offences?

Assisting Unlawful Immigration to a Member State (facilitation) - section 25 Immigration Act 197

Obtaining Leave by Deception - section 24A (1) Immigration Act 1971

How old are your children and what is their immigration status and nationality?

section 24A (1) Immigration Act 1971 says 'Offence of knowingly entering the United Kingdom in breach of a deportation order or without leave.' And mode of trial & max penalty is 'Level 5 fine, 6 months imprisonment or both.'
It further states that: All offences in section 24 can only be committed by a person who is not a British citizen. For the offence to be committed, a
person must knowingly enter in breach of a deportation order or without leave. By contrast, a person is an illegal entrant (for removal purposes) simply if he unlawfully enters or seeks to enter in breach of a deportation order or of the immigration laws. The extended time limit for prosecutions applies. Suspected offenders can be arrested without warrant.If a case is brought within 6 months of the date of entry, the burden of proof is reversed and the defendant must prove, on the balance of probabilities
that he had leave to enter.

Under section 25(1) a person commits an offence if he:

a) does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union;
b) knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and
c) knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

The offence is defined broadly enough to encompass both the old offences of assisting illegal entry (whether by smuggling someone in a vehicle or by providing false documents for presentation at a port) or assisting someone to remain by deception (for example by entering into a sham marriage) and other forms of assistance which facilitate a breach of the immigration laws.

So the question here is: what exactly did you do?

Babz · Post by **Babz** » Mon Jul 01, 2013 11:32 pm

seemal wrote:I have send to prison my application for interpruner is pending I haven't receive any letter from home office for either deportation or refusal of visa will I can get visa on human right bases or not please help

I f you've been sent to prison I don't believe you applying for any visa will save you doing your term...I believe the best is to first challenge the decision to send you to jail in court....

OR leave the country...

seemal · Post by **seemal** » Mon Jul 01, 2013 11:51 pm

In prison not in detention centre my lawyer is not interested in appealed against this decision convicted for both charges because my family facilating family here is the second charge my elder daughter is 3 and half and younger is 2 and half elder one have some health she has no future back home

seemal · Post by **seemal** » Mon Jul 01, 2013 11:53 pm

My both kids born here but they are still my depended and my imigration status is work permit

Post by **PaperPusher** » Tue Jul 02, 2013 12:19 am

Babz wrote:
PaperPusher wrote:Are you in prison after going to court for a criminal offence, or are you in immigration detention?

If you have been convicted are these the offences?

Assisting Unlawful Immigration to a Member State (facilitation) - section 25 Immigration Act 197

Obtaining Leave by Deception - section 24A (1) Immigration Act 1971

How old are your children and what is their immigration status and nationality?
section 24A (1) Immigration Act 1971 says 'Offence of knowingly entering the United Kingdom in breach of a deportation order or without leave.' And mode of trial & max penalty is 'Level 5 fine, 6 months imprisonment or both.'
It further states that: All offences in section 24 can only be committed by a person who is not a British citizen. For the offence to be committed, a
person must knowingly enter in breach of a deportation order or without leave. By contrast, a person is an illegal entrant (for removal purposes) simply if he unlawfully enters or seeks to enter in breach of a deportation order or of the immigration laws. The extended time limit for prosecutions applies. Suspected offenders can be arrested without warrant.If a case is brought within 6 months of the date of entry, the burden of proof is reversed and the defendant must prove, on the balance of probabilities
that he had leave to enter.

So the question here is: what exactly did you do?

Illegal entry is 24 1 a , leave to remain by deception is 24A 1 a

Here's the CPS guidance

http://www.cps.gov.uk/legal/h_to_k/immigration/

Post by **PaperPusher** » Tue Jul 02, 2013 12:22 am

seemal wrote:My both kids born here but they are still my depended and my imigration status is work permit

You need legal advice, but I wouldn't be hopeful.

Babz · Post by **Babz** » Tue Jul 02, 2013 5:23 am

seemal wrote:Yes deception of visa imigration act 24A and imigration act 25

How exactly?

seemal · Post by **seemal** » Tue Jul 02, 2013 8:50 am

Imigration act 24A 1

Post by **Amber** » Tue Jul 02, 2013 8:55 am

Again no-one can advise you here, you need legal advice.

ouflak1 · Post by **ouflak1** » Tue Jul 02, 2013 11:06 am

seemal wrote:Imigration act 24A 1

You don't seem to want to go into details as to what exactly you have been accused and convicted of. This is your right. It is a public message board and perhaps you feel that it will somehow affect the advice we try to give to you. I just want to let you know that the reason we are asking is so that we know the gravity of the offense and just how involved you were. This will have an impact on any results you hope to get that might allow you to stay.

In any case, you need a good, properly qualified immigration attorney.

Without the details of what you've been through, it's hard to imagine anybody here can give you better advice than that.

Immigrationboards.com: Immigration, work visa and work permit discussion board

deception of visa please reply asap really in graet trouble

deception of visa please reply asap really in graet trouble