Imminent removal

[Anarcala]

Hi,

My friend's partner has been refused leave to remain in the UK and is currently going through the administrative removal process. I need to check out a few facts as I have my reservations - clearly I don't want to see my friend get hurt, but there are certain aspects that don't sit right:

So, some facts:
1 - he was in the UK under a tier 4 student visa
2 - he was working in excess of 20 hours a week without this being part of his course
3 - he was refused leave to remain before he became involved with my friend
4 - he has been without a passport for over 18 months as this was taken by the UKBA
5 - he has been served with a removal notice which he is now appealing on the basis of being in a relationship with my friend

The lawyer he has contracted (not known to me) has recommended some pretty shady things in order to win his appeal so I don't trust her. I clearly have reservations about him based on the information above. So, on that note a few questions:

1 - what is the general timeline between removal of the passport and appeal tribunal? Is 18 months usual?
2 - would he have been asked to leave under the administrative removal process before the passport was taken?

They have also asked me to provide a reference letter for him. This makes me extremely nervous. I'm not convinced he's been entirely honest with my friend during any point in this procedure (he only told her last week and the hearing is in 8 days). Any and all honest opinions, advice and information would be MOST welcome.

Thanks.

[ouflak1]

Hi,

My friend's partner has been refused leave to remain in the UK and is currently going through the administrative removal process. I need to check out a few facts as I have my reservations - clearly I don't want to see my friend get hurt, but there are certain aspects that don't sit right:

So, some facts:
1 - he was in the UK under a tier 4 student visa
2 - he was working in excess of 20 hours a week without this being part of his course
3 - he was refused leave to remain before he became involved with my friend
4 - he has been without a passport for over 18 months as this was taken by the UKBA
5 - he has been served with a removal notice which he is now appealing on the basis of being in a relationship with my friend

The lawyer he has contracted (not known to me) has recommended some pretty shady things in order to win his appeal so I don't trust her. I clearly have reservations about him based on the information above. So, on that note a few questions:

1 - what is the general timeline between removal of the passport and appeal tribunal? Is 18 months usual?
2 - would he have been asked to leave under the administrative removal process before the passport was taken?

They have also asked me to provide a reference letter for him. This makes me extremely nervous. I'm not convinced he's been entirely honest with my friend during any point in this procedure (he only told her last week and the hearing is in 8 days). Any and all honest opinions, advice and information would be MOST welcome.

Thanks.

Do not give a letter of reference of any kind to anybody. Certainly not to the lawyer who may very well take certain liberties with your wording. This is key for you as you are not yet directly involved in any kind of deception. Find any excuse if you feel under pressure, but don't give any kind of reference letter.

1.) Removals can take weeks, months, or years. There is no published guideline. You won't find any timelines.

2.) Passport or no, if you are not supposed to be in the country, you're not supposed to be in the country. I doubt their having his passport would affect things much in this regards.

I suggest you trust your instincts and stay out of it. The system has its faults, but it sounds like it's working in this case, albeit slowly.

On a personal nature, have you talked to your friend about your concerns? Maybe take them aside at some moment when you can have a one-to-one without any interruptions or time pressure and let them know what you are thinking. It may be that they are simply not seeing the picture as clearly as you are. Or it may be that there are even certain aspects that you are not aware of.

[Anarcala]

Do not give a letter of reference of any kind to anybody. Certainly not to the lawyer who may very well take certain liberties with your wording. This is key for you as you are not yet directly involved in any kind of deception. Find any excuse if you feel under pressure, but don't give any kind of reference letter.

1.) Removals can take weeks, months, or years. There is no published guideline. You won't find any timelines.

2.) Passport or no, if you are not supposed to be in the country, you're not supposed to be in the country. I doubt their having his passport would affect things much in this regards.

I suggest you trust your instincts and stay out of it. The system has its faults, but it sounds like it's working in this case, albeit slowly.

On a personal nature, have you talked to your friend about your concerns? Maybe take them aside at some moment when you can have a one-to-one without any interruptions or time pressure and let them know what you are thinking. It may be that they are simply not seeing the picture as clearly as you are. Or it may be that there are even certain aspects that you are not aware of.

Thank you for this. I really appreciate your information and advice. As much as I'm close to my friend, I can't do this for her.

Unfortunately she is besotted with this man, and would do anything to keep him here - including following this lawyer's extreme recommendations. Luckily the option is not open to her right now. I believe her judgement is clouded, but she also has a habit of under-playing things to me because she is aware I've been wary of him. However, I did mention some of my concerns and she brushed them aside.

[Obie]

Having a poor immigration history, does not automatically equate to poor character.

If you know them well, can attest they are in a strong and committed relationship, I see no problem for you in the long time, attesting to this fact. Provided it does exist.
It is no business of yours poking into his immigration history.

All you will be required to do is write to the effect that they are in a loving relationship. If they are not, then no need to attest to this fact.

It is a black and white situation. As simple as that. Not the sort of thing this forum can help you with. It is the sort of normal thing that friends do for each other. Provided of course you are not being asked to lie about a non-existent relationship.

[Anarcala]

Having a poor immigration history, does not automatically equate to poor character.

If you know them well, can attest they are in a strong and committed relationship, I see no problem for you in the long time, attesting to this fact. Provided it does exist.
It is no business of yours poking into his immigration history.

All you will be required to do is write to the effect that they are in a loving relationship. If they are not, then no need to attest to this fact.

It is a black and white situation. As simple as that. Not the sort of thing this forum can help you with. It is the sort of normal thing that friends do for each other. Provided of course you are not being asked to lie about a non-existent relationship.

With all due respect, I kept my post limited to the issues at hand but my original concerns were never about his immigration history. In fact it hadn't crossed my mind till I was told the news.

I know my friend well, I do not know him. My friend has brought him to meet me and my partner on only two occasions and neither time were we comfortable with it. In short, we both suspected something wasn't quite right and she has spent a lot of time over the last 18 months trying to unsuccessfully allay our fears. She has a history of entering into emotionally dubious to abusive relationships so we were concerned, but having had personal experience in these situations I know this isn't something you can just talk someone out of. So we decided to be as supportive as possible in case she needed us - suspecting that I would get a tearful late night phone call (already had at least one) or maybe a request to stay over.

This came as a total surprise to everyone. I don't feel like I can attest to a loving relationship given I already had deep concerns, but at the same time I love my friend (we're very close) and I know how much this is going to hurt her. Whilst I have no idea on his true feeling for her, she is utterly besotted with him - to the point where is isn't thinking straight and is refusing to take proper legal counsel or tell her parents what's going on.

However, I'm aware that my friend doesn't always tell me precisely what's going on either. In his defence, I'm trying to figure out if what she's relayed to me is correct and legal. There are parts I already know are not quite right, or could have been said in jest. In boiling down to the facts, I was hoping to figure out whether I can write this reference for them because I know if I don't that I might lose someone who is essentially a sister to me.

[357mag]

Dont think we have all the facts here or maybe a bit af chinese whispers.

Is the deportation notice the standard letter being sent out by Capita to frighten people into leaving?

If you are in the appeal process the Capita letter means nothing.