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Regularise your visa before you get arrested and detained or deported | Immigration Matters

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Overstaying and breaching the terms of your visa, for instance illegally working whilst in the UK on a visitor visa, are criminal offences which could carry a fine or prison sentence. In practice, the Secretary of State or UK Border Agency (UKBA) will seek to remove or deport you from the UK rather than keep you in prison. 

Immigration Matters receives a large number of enquiries from visa overstayers and students who have been detained pending Administrative Removal under ‘section 10’ from the UK within 72 hours. 

In other words, the detainee has just four days, two of which are working days if they are detained at the weekend, to find and instruct an immigration adviser to help them prevent the removal and, where possible, regularise their stay in the UK before they are bundled on to a plane.

The old saying “prevention is better than cure” comes to mind when helping an overstayer in an immigration detention centre who could have submitted an application to the UKBA before they got picked up by border officers and served with removal directions. 

The UKBA now employ a private firm to track down visa overstayers and they are paid on results.

In a recent case a Nigerian student visa overstayer was arrested after his London flat was raided by immigration officers at 6.30am. 

After spending almost 80 days in detention and a large amount of money on bail and judicial review hearings his removal date was set. 

It was at this point that his EEA national partner contact Cynthia Barker’s immigration adviser firm. Cynthia said: 

“After an in depth consultation with a specialist appeals adviser it became clear that his previous lawyers had focused only on frustrating the removal and getting him out on bail. 

“However, they had failed to advise him that he could apply to remain in the UK under EU regulations, rather than UK Immigration Rules, as the partner of an EEA national.” 

The immigration team worked through the night to submit an urgent application to regularise his stay under EEA regulations and, after many phone calls and faxes, eventually managed to prevent the removal minutes before his chartered ‘deportation’ flight was due to take off. 

Other cases of illegal entrants and over staying visa holders have involved British partners, children born to British citizens or person settled in the UK (Indefinite Leave to Remain), domestic violence or human rights and Article 8 issues, all of which could have been applied for prior to a stressful arrest and detention.

Many migrants fail to take action or are unaware of their human rights and are needlessly removed or deported. Once out of the UK, they will not have the same access to justice or the chance of an in-country appeal.

Many lawyers are unaware of the fact that in certain cases you could have a right to an in-country appeal, even if the UKBA say your appeal must be heard outside the UK.

Cynthia added:

“Take professional and confidential immigration advice before you get picked up and removed. Many overstayers are afraid to come forward and talk to an adviser.

“Immigration advisers treat everything you say to them in strict confidence, so you be safe in the knowledge that they will do their best to help you legalise your stay in the UK, but are not under obligation not report you to the authorities.

“Some of our clients who had been hiding for years using false names and documents were able to gain Indefinite Leave to Remain and British passports for their children, so never give up or think that your situation is hopeless.”

If you have been detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

Related Immigration Articles:

Have you been detained by immigration border force?

UKBA arrest 7 illegal immigrants – 6 to be removed, 1 released on bail

YES, YOU MAY HAVE TO APPEAL ON HUMAN RIGHTS GROUNDS TO REMAIN IN THE UK – EVEN IF YOU HAVE BEEN REFUSED

UK 14 YEAR LONG RESIDENCY RULE HAS BEEN ABOLISHED BUT OTHER ROUTES STILL APPLY

New Immigration Rules split non-EEA families apart

How to appeal against a visa refusal

Romanian Family wins UK Immigration Appeal against Yellow Card and Blue Card Refusal

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44 Responses to “Regularise your visa before you get arrested and detained or deported”
Read them below or add one

  1. Yes, he will be on a database. He should see a solicitor. Was he charged with any offence or cautioned?

  2. My son in boarding school in uk . He jsut turned 16 years last march 2013 . While he was walking close to his school , two girls under age stoped him and start to talk . And they asked to have a pictuer for him . After awhile they looks that they went to police and till them my son tried to catch her body . My son arrested close by the school and tge police take fingerprint and DNA .

    After awhile he left and no charge with any crime.
    My question is :

    Did his name ib police data base ?
    If he applied ib futuer for visa ti uk , is this issue will stop him by getting visa?

  3. […] Regularise your visa before you get arrested and detained or deported […]

  4. […] Regularise your visa before you get arrested and detained or deported […]

  5. […] Regularise your visa before you get arrested and detained or deported […]

  6. […] Regularise your visa before you get arrested and detained or deported […]

  7. […] form of domestic violence or mental and emotional torture, consult an adviser, even if you have overstayed your visa or broken the […]

  8. […] Regularise your visa before you get arrested and detained or deported […]

  9. […] Regularise your visa before you get arrested and detained or deported […]

  10. […] Regularise your visa before you get arrested and detained or deported […]

  11. […] Regularise your visa before you get arrested and detained or deported […]

  12. […] Regularise your visa before you get arrested and detained or deported […]

  13. SILVANA says :

    Hello,Im roumanian and im in UK 3 years and half.I come here as NVQ level 2 student in health care.I had very seriouse health problem and i leave my job and Nvq.After holiday come back here and i move in other town ,I try my best to contact nvq provider to tell them this but theu said dont have assesor here so,i just not finish level 2,was just 2-3 months left.I start work in Birmingham whit my old yellow card,at that time i dont know nothing about inform UKBA about all this stuff.I stil work in same place (2 years and half),but after mariage with non-eu citizen solicitor ask for college letter,which i dont have.I was confuse about all this because i read somewhere on UKBA site if you work 12 months without itteruption you no need longer any work permit.So i was no worry about work permit.Now i find out ,actually i need this and an solicitor suggested to re-register with my old college even if is far.When i contact college they said is posible i work illegally in all this time and ask me for detail adress and employer,I no wnat to make trouble for people which i working with and not for myself as well.Do you think if i will enroll in any college for NVQ and only i inform UKBA i change college can be fine? I apreciate any help,any information.I dont know what to do,im in midle of nowhere without any intention to cheat or try illegally things.Im graduate in Law in Romania and was not in my intention to do nothing wrong .Thank you very much for any kind of help (i live in Birmingham).

  14. You should see an immigration lawyer or adviser/appeal specialist for confidential independent advice – try 0208 905 1822

  15. I have been denied renewal of my student visa on the basis that I cannot live in the UK on a student visa for more than 8 years. I have actually been living in UK for 9 years.
    I have been given ten days to appeal against this.
    Can I appeal against this on any grounds.
    thanks.

    Sohail.

  16. […] Regularise your visa before you get arrested and detained or deported […]

  17. […] but think you may have a human rights claim to remain in the UK, you should take advice on how to regularise or legalise your stay in the UK, before you get arrested and […]

  18. […] Regularise or legalise your stay in the UK, before you get arrested, as an application to the UKBA will give you some protection from being removed.. […]

  19. […] Regularise your visa before you get arrested and detained or deported […]

  20. […] Regularise your visa before you get arrested and detained or deported […]

  21. Hello, could you pls explain to me if I have a right to apply for a citizenship. I am here for about 14 years. I have been married to eu citizen for about 4.5year. We are in stage of separation (going through marriage councillors). I have been working legally full time for the last 5 years. From previous relationship I have a son who is 5y.o. Thank you.

  22. […] Regularise your visa before you get arrested and detained or deported […]

  23. […] Regularise your visa before you get arrested and detained or deported […]

  24. Deoends on where are you from? There are specialist agencies recruiting aupairs, but choose a reputable and established firm.

  25. Jacky, see an immigration adviser for a confidential consultation to outline a possible application based on your human rights under article 8 – try 0208 905 1822

  26. Hello,Please can you get me someone to sponser me as a aupair in UK.Ihave all the qualifications.Thankyou.

  27. Sah Angus says :

    I can’t full believe on this.. Because I know a lot of illegal workers/student visa/over stayer but still they are free to move/work/live in the UK.. It pisses me off.. UKBA don’t know nothing unless there’s a whistle blower then they will do their job and I also notice the more u do it in a right way(application, contacts etc) the more UKBA treat u badly.. In short those u r illegal r untouchable while those sorting it out r more vulnerable!! Thumbs down for UKBA

  28. hi ive been in uk 5years but i was staying legally for 4years as a student
    visa im staying illegally for one year now i have a british bf. is there a chance for me to stay legally? We dont have a child but might have one in the future

  29. Harjindersgrewal says :

    Hi can you tell me how can I get human rights here

  30. […] but think you may have a human rights claim to remain in the UK, you should take advice on how to regularise or legalise your stay in the UK, before you get arrested and […]

  31. […] “Regularise or legalise your stay in the UK, before you get arrested and removed.” She added. […]

  32. […] Regularise your visa before you get arrested and detained or deported […]

  33. […] Regularise your visa before you get arrested and detained or deported […]

  34. […] Regularise your visa before you get arrested and detained or deported […]

  35. You need to see a specialist immigration adviser to look at your case and advise on your options. Try 02089051822.

  36. Emma ken says :

    I have being here for 16yrs now i have one child in the uk which 5yrs now but she dont have any status,she in school here in the uk,and my sexuality has change i am now a gay i cant not return to my coutry of origin because i we not be accepted in nigeria pls i need some advice what to do.

  37. […] Some illegal entrants and over staying visa holders are not aware that they may have a right to stay in the UK and could regularise their visas. […]

  38. The question the UKBA might ask is what has he been doing since his college closed a year ago?
    Hi should see an immigration adviser to look at his options. Try 02089051822.

  39. Henry David says :

    Hello Sir

    PLEASE CAN YOU QUERY MY CASE WITH UKBA

    I read your note that those who have pending case with UKBA for over a year should write you

    My legally married wife and two children are in UK , I was deported for working in breech of my visit visa in 2010

    Since the deportation order has separated me from my wife and children I have applied for revocation of deportation order 15/11/ 2010 and acknowlegdement letter dated 18Janaury2011 was sent to me from UKBA

    Till date UKBA has not got back to me on the application in order for me to see my children again, all inquiries made by my lawyer and myself have been ignored

    I will be very happy if you can investigate this long overdued case, so that I can hear or see my children again,

    Thanks alot

    Yours

    HENRY DAVID

  40. […] Regularise your visa before you get arrested and detained or deported […]

  41. Zubair Masud says :

    Hi, one of my friend came on T4 visa in jun 2011 but his college closed in january 2012 could you please tell me what he should do.

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