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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 574
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Thomas, we were in the process of buying a property, only

Customer Question

Hi Thomas, we were in the process of buying a property, only to find out that the owner of the property is an illegal immigrant and that the Power of attorney he gave is invalid. He should not be on the deeds apparently so there is no way we can buy the property. He is in a prison in Scotland. Is there any way of us purchasing this property at all? Maybe directly with the council?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloJust to contribute to the issue of being an illegal immigrant. He might be an illegal immigrant/overstayer now but what was his immigration status when he purchased the property? It sounds to me he is likely to be an overstayer rather than being an illegal immigrant because it would have been unlikely that he would have been able to purchase the property as an illegal immigrant. Unless the process of purchasing the property failed catastrophically. If he is an overstayer now but had a visa at the time of purchase I cannot imagine how him being on the deed at the time when he would have had a valid visa is invalid. But I will let our property experts on here deal with the issue on property law.
Customer: replied 1 year ago.
Hi Frantz, thanks for your comments. Hopefully this means that although he is now illegal and in prison, we can still buy it rom him?
Expert:  frantzgregory replied 1 year ago.
No worries.Do you want me to re-categorise your question so a property expert can assist you? But you would need to get more information about this person's immigration history bearing in mind that being an overstayer is not the same as being an illegal immigrant. An overstayer is someone who entered the UK legally with a valid visa but overstayed his visa on expiry. An illegal immigrant is someone who never had a visa and entered the UK illegally.
Customer: replied 1 year ago.
Hi Franz, not sure if he was illegal at the time or not. We're only in touch with the person who was his power of attorney. Not sure how we could find out about his immigration history?
Customer: replied 1 year ago.
Will the property expert know what to do given the two possible scenarios? Ie. He is an overstayed or he is an illegal immigrant and if we can buy in both cases?
Expert:  frantzgregory replied 1 year ago.
HelloI would hope that the solicitor dealing with the purchase and the sellers solicitors will do due diligence before exchange of contract and completion. Your solicitor should be able to find this out by ringing the Home Office. Have you asked the power of attorney if he has that information? The problem is that your question requires support from both an immigration lawyer and a property lawyer.
Customer: replied 1 year ago.
Hi Franz, the power of attorney called me this morning and was the one who was under the impression that the owner shouldn't have bought the property because he was illegal. So I don't think his power of attorney knows the immigration history at all and has basically said the purchase can't go ahead because he doesn't want to be involved with anything illegal. So we're trying to see if there is anyway for us to purchase to property, I'll ask our solicitor to chase up HMRC about the owner's immigration history
Expert:  frantzgregory replied 1 year ago.
Good plan also chase up the Home Office on the Landlord’s helpline 0300(###) ###-####
Expert:  frantzgregory replied 1 year ago.
HelloDo you mind rating the support I gave you please?