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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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My fiancee, has previously held indefinite leave of stay, having

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My fiancee, has previously held indefinite leave of stay, having been in the country since 2001.
She was re married in 2007, but unfortunately her new husband, a builder and qualified electrician was also a part time cannabis grower and dealer. She was aware that he smoked, but only vaguely aware of his dealing. She had 3 miscarriages during her time with him, and was only really interested in having a family.
She ended up being roped into the whole thing, and was sentenced to 15 months in prison.
She had no criminal record prior to this. She also tried to take her own life during the period leading up to being convicted, due to finding out that her husband was having an affair with his ex girlfriend, and the stress this had caused led to her miscarrying at 6 months. She's always maintained that she was forced into pleading guilty by her husband and his family to prevent his mother and sister going to prison.
When she had served 8 months in prison and a further 7 months in detention pending removal back to Thailand she was released on bail and tagged. She went back to live with her husband and tried to make a fresh start. Unfortunately, she became aware that he was still seeing his ex and had no intention of stopping his cannabis business. He was also starting to become violent towards her for not accepting this state of affairs.
She learned her lesson well in prison and was now in a state of panic fearing that she was going to be trapped in the whole thing again.
She cut her tag and escaped into hiding with the help of some friends. she notified the authorities of what and why she had cut the tag.
I met her in February this year. We dated for 5 months, fell in love and she moved into my house in July.
From my point of view she is the best thing that's ever happened to me. I'd spent 5 years in the wilderness after my marriage had broken down, and didn't look after myself well.
She has literally nursed me back to health. Preparing lunch and dinner with very healthy food every day. She is intelligent, caring and desperate to have children and live a happy family life. her circle of friends really do adore her, and their children adore her.
I believe 100 % that this is not an act that anyone could put on for such a length of time.
We became engaged in September.
All was well until last Tuesday when Immigration officers and Police took her away.
She is now in Colnbrook detention centre, and I'm staying in a hotel nearby.
I'm the MD of a successful foundry and Engineering company, but have not been back to work since she was taken away.
I cannot contemplate life without her and cannot go back to where we lived together unless she's there.
I realise that this is not a good situation, and that drug dealing is a very serious offence. It ruins peoples lives and should never be tolerated.
But, my life is ruined without her, and I can say without question that she will never become involved with anything like that ever again. She absolutely hates anything to do with drugs, or unhealthy in any way.
We joined the gym together in April, and go regularly there together. We went to Cornwall on holiday in August, and enjoyed beautiful walks on the coast. She's the best thing that's ever happened to me.
What can we do ?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.
Yes, but hurry up please
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

ok, thank you

Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
On what basis was she detained?
You stated she was out what a tag, so why did the home office detain her?
Was she served with any papers?
Kind regards
Customer: replied 1 year ago.

She was sentenced to 15 months in prison, and therefore was placed into automatic deportation.

She cut her tag, to escape from her husband. She was living at home, and he was coming home at weekends on release. He was always talking about who he'd met inside prison, and buying another house to grow cannabis in. She cut her tag and ran two weeks before he was finally released. He was convicted 6 months later for exactly the same crime. I think that she was right to cut her tag and escape

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
I am sorry to hear about your situation, although I have sympathy with what she has done and the circumstances surrounding her being liable for automatic deportation, there is not much that can be done in her case.
The fact that she had been sentenced to 15 months in prison means that no matter what she tires to state to the home office now, regardless if she was an innocent party to it all, will be that because of the sentence, she has to be deported from the UK. If she does the state that she was innocent etc the judge can simply state that she should have stated her case at the crown court and he is unable to comment on anything apart from the fact that she is deemed to be someone who is liable for deportation on the basis of her being convicted for cannabis.
She may be given a right to appeal her deportation but, he appeal can only be filed from outside of the UK. The laws have recently changed to ensure that all criminal who are trying to prolong their stay are removed from the UK but then given a right of appeal from outside of the UK which would mean that they do not try and misuse the legal system in the UK. Now I am not trying to say that she is or will try and do this, I agree that she maybe a nice person, but the fact that she has been convicted and she did not appeal her conviction means that the judge will view her as a convicted criminal.
She can try and ask the home office to remain in the UK, but due to her conviction this might not be possible. It is an unfortunate position to be in but her chances of remaining in the UK are slim. She can speak to her immigration officer and try speaking with them regarding her current situation, but the fact that she had been sentenced to 15 months, means the home office will try and remove her as quickly as possible.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regard
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hmmm, you provide a fair answer, thank you.

Perhaps though, rather than let The Home Office hide behind a set of rules, to cut numbers. We instead show this country and the world in general, that our Legal System or Justice system is actually about making sure that justice is done.

Because, in this case it most certainly is not. If I were the current Home Secretary I would be ashamed if cases such as this were not looked at properly.

Yenli has been here in the UK since 2001, and was granted indefinite leave to remain in 2002. For starters, it didn't say " indefinite leave to remain, but if you are a decent, home loving person, who's married into a family, who without you realising, were running a cannabis growing business as a sideline. And who will gang up on you from all sides should the unfortunate happen, promise you that you'll not actually go to jail if you do plead guilty to save the families reputation. Then, stab you in the back by employing your husbands uncle, a solicitor who will advise you exactly how not to launch an appeal ".

I have a number of Pakistani friends, they are great people, so don't think I'm against a race saying this. But, come on, this girl never stood a chance against that family.

Home Secretary's, who do no more than quote the length of sentence given as the reason for their decision are doing this nation a great disservice, and making us look like something from 1930's Germany.

We shouldn't be looking for excuses to throw people out of this country. We should be looking for reasons to allow them to remain. If our population is too high, controlling immigration and immigration as the mechanism by which equilibrium is maintained.

But, successive governments have made a complete bollocks of doing that. So that, we now start to over react like 1930' s Germany did, and begin to target foreigners, and other undesirables.

What a great testament to the multi cultural society.

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