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Subject:
From:
Joe Sambou <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 28 Jul 2008 17:02:57 +0000
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Lamin, thanks for your counsel and I hope our community will organize around this situation to sensitize folks.  What our community needs is legal advise and with your and other's expertise, we will greatly benefit.  We cannot wait until the situation turns panic to begin to react.  Like you pointed out, the face of the undocumented/out of status is varied and complex and one needs to go to legal practitioners in that area of the law to receive the appropriate counsel.
  
Yero, I hope the community leader heeds your suggestion.  It is unfortunate that our people continue to make immigration matters confidential.  I'm not saying hold a bull-horn and expose yourself.  However, the community should copy from the Hispanic community.  Immigration is a community affair and they make it their business to inform their people.  Their politicians are in the forefront of the fight for their people.  I have attended such immigration presentations in our community and folks are more preoccupied that others in the room may have ideas about them and the presenter ends up almost talking to them self, barring a few questions from the audience.  Then when a few folks are picked up you see chaos all over.  
 
Chi Jaama
 
Joe 
> Date: Sat, 26 Jul 2008 16:35:48 -0500> From: [log in to unmask]> Subject: Re: [>-<] New UK Immigration Rules Scare Gambian, Other Immigrants> To: [log in to unmask]> > Bro LJD & Joe,> > It is a sad affair about immigrants everywhere. The creeper disease has mared a lot of good brothers and sisters. I wish our brothers and sisters in the UK well, and I hope and pray God give them ways to adjust to legality. I thought the creeper was only in the US as noted in its mass occurences time and again. Just last week, I advised a community leader to start symposiums where immigration lawyers can be invited to address issues of immigrants. It might be cheaper that way than waiting for the damage to happen. The fate of immigrants everywhere is looming, sad and sympathetic. It has helped to criminalize them -unfortunately, where as lacking in employments in their home countries created the harsh environments for them. It brings to sad memories, the hundreds of our brothers dying enroute to spain or Morocco in the hands of brute escorts in the deserts or capsizing boats. > > It is to be concluded as observed by Joe that the arising tougher rules from countries like the US and UK and a lot more will only create more troubles for people with expired visas, especially students and visitors. That is why an enlightement is part of the healing process in this matter.> > Regards,> YJ> > > > > > > > Date: Sat, 26 Jul 2008 10:54:34 +0000From: [log in to unmask]: Re: [>-<] New UK Immigration Rules Scare Gambian, Other ImmigrantsTo: [log in to unmask]> > > > > > Joe> > Your brief commentary is far more sensible than the actual article you forwarded.> > For practical purposes, "illegal" and "undocumented" denote the same thing, and whatever the original status of the person(s) concerned, both attract liability for arrest, and, detention, as well as to removal (administrative expulsion), or, deportation (judicial expulsion) from UK.> > Clearly, there are no radical new rules or proposals speaking directly to current overstayers, i.e., those without valid visas, or those who entered the country in the back of trucks among other such methods, i.e., the undocumented immigrant. As far as these so-called "illegal" immigrants are concerned, the law as it stands treat them as liable to expulsion from the UK. There is some potential for either a limited, or fullscale amnesty for so-called "illegals", but with the political climate so inhospitable for the current government, such an explosive and vote-losing measure may not come for some time. This is not to say that the situation is totally hopeless for the "illegal", but getting out of the status requires taking some risk. > > For example, as of 2004, an overstayer like a student cannot marry a person settled in the UK without leaving the country to apply for the requisite fiance, or spouse visa, a clearly different policy from that of the United States. There are numerous other routes to settlement, i.e., permanent residence, and eventual citizenship - such as the ten year "long residence" rule that particularly favour students - but the article you forwarded concerned only the so-called "illegal", and I therefore restrict my comment to that category. There is a fourteen year "long residence" rule for the so-called "illegal" immigrant (see below for the text of the 10/14 year rule as set by the UK Border and Immigration Agency), and arduous as it is, people do qualify for settlement under this category. > > You are right in suggesting that outside a blanket amnesty, immigration is highly "case specific". As you accurately stated, the Gambia High Commission (GHC) is "not a legal department", and the office is in no position whatsoever to help dissect intricate immigration issues. > > Mr Mbye spectacularly misdirected his enquiry, and the GHC properly ignored him. > > > > > > LJDarbo > > > Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom> 276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:> > (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or> > (b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and> (ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:> > (a) age; and> (b) strength of connections in the United Kingdom; and> (c) personal history, including character, conduct, associations and employment record; and> (d) domestic circumstances; and> (e) previous criminal record and the nature of any offence of which the person has been convicted; and> (f) compassionate circumstances; and> (g) any representations received on the person's behalf; and> (iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.> > > --- On Thu, 24/7/08, Joe Sambou <[log in to unmask]> wrote:> From: Joe Sambou <[log in to unmask]>Subject: [>-<] New UK Immigration Rules Scare Gambian, Other ImmigrantsTo: "Gambia L" <[log in to unmask]>, dialog@gambiapostforum..comDate: Thursday, 24 July, 2008, 3:11 PM> > > Culled from the Point. In situations like this, I would suggest Gambians to seek legal advise and we have folks like Lamin Darbo, Sanusi, and am sure others that can provide the needed counsel. The High Commission is not a legal department. This is no different from change of immigration laws in the US. If one wants to be deported to Gambia, rely on the Gambian Embassy in DC. The same applies in the UK. The community needs to seek advise from legal practitioners and individually, folks need to consult these or other legal minds for case specific issues. However, if we are more concerned with sutura to our detriment as a community, well, we will just have to live with the consequences. Many of our communities in the US have done that and end up having to deal with sudden mass arrests and the chaos that results. Lamin, Sanusi, etc., how do you see the situation? Chi Jaama Joe > New UK Immigration Rules Scare Gambian, Other Immigrants > > > > > > Edit Display Settings> > or> > > Edit Article> africa » gambia > > > Thursday, July 24, 2008> > Certain illegal immigrants and undocumented foreigners currently living outside the ambit of the law in Britain, including some Gambians, are currently trying to digest the new proposed rules and regulation by the British government regarding the possibility to earn certain status in the country such as becoming British citizens. > The debate has been raging from all angles and has taken the form of highly charged public debates sometimes, not only on both television and radio but also in national newspapers and tabloids. However concerned individuals are advised to contact qualified legal practitioners for further information and not to rely on second hand accounts regarding the issue. > Those Gambians scared of deportation have personally contacted this correspondent to investigate their current dilemma in order to know exactly what progress they are required to do to help them secure the necessary status. This, they believe, will save them from being embroiled or entrapped in any kind of dispute with the law of their host country.> > As a matter of urgency, this correspondent contacted the Gambian High Commissioner in London to shed light on the plight of his countrymen who are desperate to hear from their own representative. Unfortunately the Gambian High Commission is either still reluctant or refused to comment on the matter. Neither the phone calls nor emails to the High Commission have been responded to or even acknowledged. Latest correspondence to the High Commissioner read: > > > “Your Excellency, we tried to contact you over the phone twice but unfortunately could not succeed. However your Personal Secretary advised to email you regarding our enquiries. We want to confirm whether or not your office received any information relating to Gambian illegal immigrants in the United Kingdom threatened with deportation from the country following the new immigration rules that is expected to take effect soon. If so what is your message to those Gambians affected? Also what sort of help can your office offer to help regularise the status of these illegal immigrants? Thanks for your expected cooperation and quick response.’ > There was another follow-up to my queries but to no avail. > Nonetheless some of the government proposals seen by this correspondent regarding citizenship include a probation period of at least 12 months if the foreigner takes part in community activities such as volunteering, charity fund-raising, running a sports team or playgroup, or working as a school governor. According to an official Green Paper this type of community work may even be made compulsory. > The Home Secretary, Jacqui Smith, recently outlined that she wanted to end the situation where foreign nationals “languish in limbo” by living here but not adapting to the “British way of life.” The remark sparked debate amongst the British public. “I would want to see a larger proportion of those that are here moving to full British citizenship,” said Ms Smith. > Such an eventuality apparently worry many Gambians living in Britain, most of whom are law-abiding and very hard working. A well-known Gambian solicitor who spoke to this correspondent challenged the Gambian High Commissioner to give some advice to Gambians regarding the situation. The solicitor suggested that “the High Commissioner could use his diplomatic protocols and credentials and liaise with the Home Office to see how best he could obtain clear information regarding the issue and advice his people on such matter rather than just keeping quiet.” > One of the most radical changes is that full access to sate benefits such as jobseeker’s allowance and income support assisting people to have access to financial help while actively searching for a job will no longer be granted after a person has been in the UK for five years, while illegal immigrants shown the exit door and remove from the country. > By Alhagie Mbye, London, England> > > Use video conversation to talk face-to-face with Windows Live Messenger. Get started. > > > > Not happy with your email address? Get the one you really want - millions of new email addresses available now at Yahoo!> _________________________________________________________________> Keep your kids safer online with Windows Live Family Safety.> http://www.windowslive.com/family_safety/overview.html?ocid=TXT_TAGLM_WL_family_safety_072008> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface> at: http://listserv.icors.org/archives/gambia-l.html> > To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l> To contact the List Management, please send an e-mail to:> [log in to unmask]> ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤> 
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