PSO 4630 - Inside Time

PSO 4630 Page 48includes all forms of payment benefits such as job-seekers allowance, and access to publicservices such as the National Health Service).If a person breaks any of those conditions, for example by overstaying or working illegally he maybe removed from the country administratively in the same way as an illegal entrant. The Borderand Immigration Agency will normally seek to remove him at the earliest opportunity.ExamplesHere are some examples of how a prisoner might not be deported, but may be nonetheless subjectto removal action:1. A passenger arrives at a port and is found to be travelling on a forged passport. He isrefused leave to enter the country by an immigration officer at the port. He is convicted ofusing a forged passport and sentenced to six months imprisonment but is notrecommended for deportation. BIA decides not to deport him. However, as he has beenrefused leave to enter an immigration officer may arrange for his removal from the countryon completion of his sentence. He is, however, free to return in the future so long as heholds a genuine passport, valid visa if required and qualifies for entry under the ImmigrationRules.2. A person enters the country clandestinely in the back of a lorry. As he avoided seeing animmigration officer, he has not been given leave to enter the country and has thereforeentered illegally. He is subsequently arrested for an offence, convicted and sentenced tonine months imprisonment but is not recommended for deportation. BIA decides not todeport him. However, as he has entered the UK illegally, an immigration officer mayarrange for his removal from the country on completion of his sentence. He is, however,free to return in the future so long as he returns lawfully with a genuine passport, holds avalid visa if required and qualifies for entry under the Immigration Rules.3. A person is given leave to enter the UK as a visitor. His passport is stamped to say that hemay only stay for a maximum of six months and may not take employment. However, withinthree weeks he finds a job and does not leave after six months. He has therefore brokenthe conditions attached to his leave on two counts, firstly by taking employment andsecondly by overstaying. He is subsequently arrested for another offence, convicted andsentenced to four weeks imprisonment but is not recommended for deportation. BIAdecides not to deport him. However, as he has breached the conditions of his leave, animmigration officer may arrange for his removal from the country on completion of hissentence. He is, however, free to return in the future so long as he returns lawfully, holds avalid visa if required and qualifies for entry under the Immigration Rules.Detention and ReleaseThe Border and Immigration Agency always seeks to process cases in line with prisoners‟ releasedates, but this is sometimes not possible due to a variety of reasons. Sometimes the Border andImmigration Agency only learns about a prisoner close to the end of his sentence, sometimesprisoners make very late applications to stay in the country or lodge late appeals which have to beconsidered; sometimes there is difficulty in obtaining the correct travel documentation to allow forhis removal. In all cases, the Border and Immigration Agency will consider whether it is appropriateto grant the subject release on a restriction order or bail or whether it is necessary to detain himpending conclusion of the case.Issue No 287 Issue date 11/01/08