Livai Vota Boila

As headlined in the original petition post, I knew there would be more ex servicemen affected than just Sam Cataki, and the gentleman named above is the 1st additional case I've heard of Thirty five year old Fijian Livia Vota Boila first entered the United Kingdom at the age of 19 in the year 2001. He joined the army as an Infantryman with the 1st Battalion Royal Highlands Fusiliers'. He served four years and voluntary signed out on administration grounds in 2005. Since discharge from the 1st Battalion Royal Highlands Fusiliers’ Regiment, Mr. Boila was not made aware by his administering unit (1 Scots) that he needed to normalise his visa status as someone who has been discharged from the forces. He however handed over his passport to his former boss who was a Major by rank who advised him that he needed to send his passport to the Home Office without an explanation as to why this was being done. Three weeks post army discharge Mr. Boila’s passport was returned to him from the Home Office via his former boss who handed him his NI number along with his passport advising him that he was free to go. Mr. Boila not having understood how the system worked was under the assumption that he was free to work and live in this country as a legal immigrant. Little did he know that this was the case! It wasn’t until 2012 that Mr. Boila decided to rejoin the armed forces as a reservist that he was notified that his name was very much live in the system and that he needed to cancel his exemption status and regularise his visa. He was advised by the Ssgt at the army careers office, Southampton, to approach the Citizens Advice Bureau (CAB) for immigration advice. CAB made a referral to an immigration lawyer who then helped him lodge a visa application for Indefinite Leave to Remain in the UK in 2012. Between 2012 – 2014 his visa application was in process awaiting a decision whereby he was notified through his lawyers that his visa was refused in 2014. His case was appealed in the same year via the First Tier Tribunal. He personally appeared in court in July 2015 for the hearing however had to wait a few months for the outcome to his visa application. Whilst all of this was going on Mr. Boila was advised by his representing council at the time that he had the right to work and could continue work given that his representatives were not in receipt of a letter from the Home Office that Mr. Boila was to refrain from working. Between Sept – Oct 2015 – Mr. Boila was advised that his application was refused and that he had right of appeal via the Upper Tier Tribunal. This was again appealed by Mr. Boila’s representatives. Cost of legal fees amounted to £5,000 May 2017 – A decision was made by the Upper Tier Tribunal to refuse his visa application on the basis of them siding and agreeing the decision made by the 1st Tier Tribunal. This was when he was advised by his lawyer that the options he had at the time was to submit a fresh application costing him £3000 or to return to Fiji voluntarily. Given the amount of stress this has caused him, Mr. Boila has given up hope and faith in trying to do right by law. Mr. Boila feels alone and betrayed by the system. He feels, had he been properly administered by his last serving unit in 2005 and given the correct advice of regularising his status, he wouldn’t be in this position right now. Since discovering that he had to normalise his visa status he has attempted in all his power to help himself by paying for a professional to represent him. He has even approached various military charities, i.e. British Legion, SASSFA, and Veterans Aid who advised him that they couldn’t assist him. He now has no choice but to reluctantly depart the country on a voluntarily basis. He has been in the UK since he was nineteen years of age. His career was built whilst in the UK. Whilst in the UK he has lost his parents which was heartbreaking for him. He has been residing in the UK for the last sixteen years. During this time he has been paying taxes and has never used the system for the purposes of applying for benefits. Livai only wishes for the opportunity to be able to reside in the UK freely and be able to also have the right to family and private life with his current partner. He is requesting that justice and common sense prevails for a former veteran whose only wish is to have a normal and peaceful life.