to think there's nothing to be gained by deporting Harley Miller?

[WidowWadman]

...and leaving her in limbo for yet another month just seems cruel?

www.independent.co.uk/news/people/lauded-therapist-harley-miller-still-in-limbo-as-battle-to-stay-in-britain-drags-on-9679464.html

That's what a "tough approach on immigration" does. Doesn't make any sense to me.

Do you mean me Widow?

If so, I mean that there are lots of equally nice, law abiding people who could make an equal contribution to the UK if they were allowed to remain, but they are removed and returned to their home countries, so why should she be allowed to remain but they aren't? There can't be one rule for one and another rule for everyone else.

fivegomad it seems that in 2008 she was informed in writing by UKBA that her visa was valid until 2011, and she applied for discretionary ILR to follow on from that. Her application appears to have been rejected (2 years after application. WTF?) because the official advice she'd acted on was wrong.

I don't see how she could have taken any greater precaution than informing the authorities that her circumstances had changed, and proceeding to act on the basis of the written advice the government provided.

UKBA appear to be saying 'our mistake, your problem hurr hurr'.

Ella - where we disagree is that I can't see a benefit in deporting anyone who is well integrated, contributing and law abiding.

Widow We definitely do disagree. Looking at the numbers removed each year, where do you draw the line? And do you think that it would encourage those people who wanted to stay but couldn't get the right visa to go underground until they'd spent enough time here and got themselves established?

And I know I'm being incredibly picky, but most people are not deported, they're removed. There's a big difference massive bugbear of mine

If people didn't have to fear being removed but could just continue in working in their jobs, paying taxes and stuff why would they have any reason to go underground? What's so bad about people wanting to stay in a place they made their home?

I meant more along the lines of people who hadn't yet made a home here, but wanted to. People overstaying visit or student visas, or those who have come in with either false documents, or none at all. All they would have to do would be to keep their heads down long enough to get a job and build a life here, and they would be in the clear.

And what's so wrong about building a life and getting a job? I find it peculiar. At what point, after how many years do you think can immigrants legitimately claim they feel at home and part of the community?

She should do what 'criminals' do who are told they are being deported. Get lots of help from charities and free legal advice and use the human rights act to claim her rights to a family life (or some such other crap) to enable her to stay.

Disagree.fact is she illegally overstayed.she misled her employer

Well I think each case has to be considered on its merits, obviously taking into account things like family, ties to the community etc.

My point is that if people who are determined to settle in the UK think that all they have to do is get here then disappear for as long as it takes for them to feel settled, then that will be what happens.

Please don't get me wrong; I think immigration is a good thing, and essential for the country. I'm proud to live in such a multi cultural country. I just think that it has to be done by the rules (and obviously in accordance with all the conventions we've signed up to).

Disagree.fact is she illegally overstayed.she misled her employer

But she didn't mislead her employer. She had it in writing from UKBA that she was a legal immigrant, which she naturally accepted as they are the arm of government which administers the UK immigration system and should know what they are talking about.

They turned around years later and said 'nah, we got it wrong you were actually overstaying so can't now get discretionary ILR as you failed to regularise your status in 2008, even though we said you didn't need to'.

It's Kafkaesque for the government to punish someone for relying on the written advice of the government on the legality of their immigration status!

BreakWind Do you know if this letter from the Home Office has been published? Or has she just paraphrased it?

ella I don't think there's a public copy of the letter but here's a more in-depth article detailing all the Home Office cock-ups relating to her case, with one department after another failing to talk to another part of the organisation and basic mistakes made all along the way.

I totally believe her. 10 years ago I had a job which involved dealings with the Immigration & Nationality Directorate, the precursor to UKBA. IND would struggle to find their bum with both hands and a map. Everything she claims chimes with my personal experience.