UK Home Office rules on foreign prisoners?
My friend is in prison and was due to be released on electronic tag. Unfortunately, the tag date has passed and we're still waiting, apparently there is a delay because of immigration issues. (I don't understand this as the guy is married to a British woman and has kids with her) He doesn't have his indefinite stay yet, but why would it be necessary to do this.
They've also asked him to provide documents to support him: wedding certificate, kids birth certificates, ID etc..why, when the home office would've already had him on record when he applied for stay after his marriage 4 years ago!
Anyone know what might be happening, the prison say they can't tell me anything.
Answer:
As others have said, being married does not by itself give any right to stay in the country. Even if he had Indefinite Leave to Remain, that can be revoked if the person has a serious criminal conviction.
The prison won't tell you anything, but he should have access to a solicitor. Your other approach might be for his wife to approach her solicitor. The Home Office is able to exercise discretion in exceptional cases not to remove someone if they have very strong ties to this country - obviously a lot will depend on the seriousness of the offence.
Prisoners are routinely kept even beyond the last release date if removal is in prospect. He needs legal advice pronto.
It sounds like they're preparing a case to have him deported. There is currently a crackdown on expelling foreign prisoners once they've served their terms as you must surely know. Marriage to a UK citizen does not entitle you to any right of abode in this country.
it sounds like they are bout to deport him
Sounds like we're cranking up the big white bird.
They may be checking to see if his documentation is fake so they can charge him some more. Failing that, they may try to deport him.
Oh and he probably won't get indefinately stay (the Home Office has probably flagged him). I'd say that if he was in prison and requires and electronic tag then he's not going anywhere but home (as in not Britian).
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