Stop deporting spouse and parents of British legal citizens.
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My wife who has been in the UK for over 10 years leaves in the fear of being wrongfully deported by the Home Office. She came to the UK on a student visa 10 years ago. She earned master’s degree in the country worked her way up in her career and was progressing professionally and working as HR Manager, however, everything came to a grinding halt last year when the Home Office refused in-time application saying it was submitted late - late by 7 days! Since then we submitted several evidence/proofs to prove we sent application on time they have been ignoring. HO took the decision and sent it after 3months.
After her application for the right to remain extension was refused on, July last year she was given choice between returning to the home county or making a fresh claim if one fulfils the home offices eligibility requirements within 14days of receiving the decision. Because she is eligible and we fulfiled the home office requirements for the spouse visa, we made a fresh claim within the 14days.
While we were blissfully waiting for her spouse visa, the home office issued her IS96 and put her on reporting. Despite sending application on time within 14day, grace period. Just like that, she lost her job and her freedom was snatched away from her.
The organisation that claims she made a late application refused the spouse application (fresh claim) saying it was a repeat application on 18th October 2017 and forgot to send it until 17th January 2018. –they sent it 3 months late!
On the 7th day of receiving the refusal, the home office detained her on 23rd January 2018 while at reporting centre despite our legal representative had already sent Pre-action protocol a day before. She showed him the copy of the email as well but the enforcement office said to her that the Per-action Protocol should be posted and not emailed and hence it doesn't count - contradicting the procedure rules on the ministry of justice. http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
She was moved from one detention centre to another with no notice. She was taunted, treated like criminals by the enforcement officers who also said to her that she was like a decayed tooth that would need removing when she as merely asking for a chance to provide her side of explanation. The home office made their decision and served it 3 months late we received the decision 6 days ago and it was only fair we were given little time to seek legal advice and challenge the decision.
After submitting JR and bail, she was bailed out of detention centre. The home office then requested to reconsider their decision and court sealed the consent. Home office accepted that the claim was fresh and my wife meets the eligibility requirements, however, refused the application saying it was submitted after 14days grace period. Since then Just like that, she lost her job and her freedom was snatched away from her.
It’s quite unfair to refuse application saying it was submitted late when the same institution posted the decision 3 months late, their correspondence letter was underpaid by £2.00 we had to pay to get the letter.
The hostile environment home office has created has no sympathy towards educated immigrants who contribute via taxes and that is why we keep reading on the newspapers how highly skilled immigrants are giving up and returning to their country of origin. There is seldom any news on successful deportation of convicted criminals, proved immigration cheats, phoney asylum seekers etc.
My wife is educated, lovely person who has not breached any law and should not be treated like a criminal. No family should ever go through what we are going through and hence I have created this petition. Please, sign and support my petition. Together we might be able to stop the Home Office from tearing the family apart.
Dipesh and Savita Vyas
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