Money and Cash Seizure in the UK – Cash Allowance and Burden of Proof

Money and cash seizure in the UK

Money and cash seizure in the UK can occur if you don’t follow the correct guidelines for cash allowance when travelling in and out of Great Britain. You may then have to pay penalties to have your money returned. Border Force may also seize your money (even if it’s below the allowed cash amount) if they suspect that it will be used for criminal purposes. In that case, they will need to provide bear the burden of proof to make a case against you. With that said, this article discusses money and cash seizure in the UK, specific to cash allowance and when there is potential criminal activity suspected.

Cash Allowance When Traveling In and Out of Great Britain

Whenever you are travelling in and out of Great Britain (England, Wales, or Scotland) from or to another country, you must carry a cash amount of less than £10,000 (with a group or family) if you do not want to deal with any legal issues. However, if you exceed this amount when travelling with a group or family (irrespective of whether the individuals all possess less than this amount), then you must make a declaration to UK customs.

You must make a declaration for various types of money, including the following.

  • Cash (coins and notes)
  • Travellers’ cheques
  • Bearer bonds
  • Signed cheques that are not made out to an organisation or person

A declaration, therefore, is a document that you must use to inform the Border Force that you are carrying an amount exceeding the cash allowance limit. You must then present this document to a Border Force officer when moving in and out of the UK.

This declaration is not any typical document. There are certain details that need to be present in the document in order to satisfy the Border Force. Thus, some details needed are listed below.

  • The person who will carry the cash or other form of money and who owns it (their address and passport number will be necessary)
  • Details of the journey, including the countries visited (including transits)
  • The exact amount of cash that the person will carry
  • How the cash will be used
  • The source of the cash, i.e., the exact location for where it was generated

Cash Seizure When Criminal Activity Is Suspected

Custom authorities can only seize cash if they suspect it is involved with criminal activity for 48 hours. After that, the authorities must have a court order and bear the burden of proof, i.e., they must prove that it is being used for illegal activity, as opposed to the defendant providing proof that it is not being used for illegal activity.

In either case, you should always have appropriate legal representation in cases regarding money and cash seizure in the UK. This way, you can help prevent paying high penalties and have your seized money returned.

Document Fraud in the UK – False Identity Documents and Illegal Crossing of Borders

Document Fraud in the UK

Document fraud in the UK, specifically false identity documents and those related to the illegal crossing of borders, can have severe penalties as per the law. Despite the risks, several thousands of people present false documents to the Border Force every year in an attempt to enter the United Kingdom illegally. If you or someone you know has been caught or convicted of such a crime, you should note that you have some options to help fight your case through proper legal representation. Thus, this article discusses what is considered false documents as per UK law and highlights the need to seek legal help quickly.

Document Fraud in the UK

Document fraud is the process of presenting false documentation with incorrect information to any governmental body in the UK (in the context of our discussion).

The Home Office defines a false document in the Immigration Rules, paragraph 6. Therefore, it includes documents that are

  • Tampered with or altered
  • Counterfeited
  • Used by someone who is not who they claim they are (i.e., an imposter)
  • Issued or obtained fraudulently
  • Used for visa or entry clearance based on counterfeit or falsified information

It’s also possible that you are unaware that your documentation is falsified—you could still face legal repercussions as a result. Therefore, it is pertinent that you ensure that all documentation (especially that has to do with your identity) is overseen by a solicitor to ensure complete accuracy, particularly if you believe that there may be room for falsified information.

What Happens to People with Falsified Documentation?

The severity of a case can dictate the penalties someone has to face when caught with false documentation. Border Force may charge such cases as potential criminal cases. Thus, those people who possess false documents without any reasonable excuse could face up to a maximum of 2 years imprisonment. On the other hand, those who have false documentation to use for improper intentions, then they may be charged with imprisonment of up to 10 years.

These penalties are based on Section 6 of the Identity Documents Act 2010.

It is important to note that the number of prosecutions and convictions of such charges has reduced in the last decade (between 2010 to 2020). Nevertheless, such cases still occur, and the penalties can be grave for many perpetrators.

Last Few Words

As discussed above, Document fraud in the UK is a serious issue that can change your life for the worse. If you or your loved ones are ever caught with false documentation, it’s paramount that you hire trained UK immigration solicitors to help with your case. They can help develop a defence strategy that can prevent you or your loved ones from paying terrible prices now and in the future.

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What happens to illegal immigrants’ children that are born in the UK? Being born in the UK automatically makes a child a British citizen, but not in the case of being born of illegal immigrants. However, that does not mean they must leave the UK with their parents. There are a few options they can take, which may depend on specific circumstances. This article highlights these options and explains how crucial it is for you to work with an experienced solicitor in this field to help you determine what course of action you can take if you’re dealing with such a situation.

What Are the Circumstances That May Affect Your or Your Child’s Options?

The circumstances that may affect the options of a child of illegal immigrant parents are as follows

  • The duration of their stay in the UK (i.e., with 7 or 10 years of continuous residence)
  • When the child was born (laws of specific periods may be applicable)
  • The child’s age (should be under 18 years)

 

Options to Remain in the UK

So, what happens to illegal immigrants’ children that are born in the UK? Here are some options.

Become a British Citizen

A child who was born on or after 1 July 2006 and has lived in the UK for 10 years since birth can apply for citizenship in the UK. Moreover, they should not have spent more than 90 days outside the UK during this period. However, if one of the parents becomes a British citizen, the child automatically becomes a citizen as well.

Acquire Indefinite Leave to Remain

The new 7-year child immigration rules published on 20 June 2022 made it possible for children under the age of 18 to seek Indefinite leave to remain (IRL) provided that they have lived for 7 years in the UK before applying for IRL. IRL enables a migrant to remain in the UK permanently without any immigration restrictions. They would also have to have lived in the UK continuously since their birth and were not outside of the UK for more than 6 months within any year of the 7-year period. This option comes under the Private Life application, and applicants for this should hire a solicitor because they can help them create a compelling case as to why the child’s removal from the UK would be unreasonable.

What Can the Parents Do to Remain in the UK?

If the child of illegal parents becomes a citizen of the UK, the parents can apply for a parent visa. The child must meet the following requirements for them to qualify for this visa.

  • Be a British citizen, Irish citizen, or have settled in the UK
  • Be under 18 years of age
  • Have been living for 7 continuous years in the UK, and it is considered unreasonable for the child to leave the UK

The parents must meet the following requirements.

  • Has shared or sole parental responsibility for the child in question
  • Meets the CEFR level A1 English language requirement
  • Are capable of financially supporting themselves in the UK

Speak to trained UK immigration solicitors to learn more about what you can do for your child and your family in such situations.

How to Challenge a Vehicle Seizure by Border Force

How to challenge a vehicle seizure by Border Force

HMRC or Border Force may seize your vehicle if it believes that you were attempting to evade paying the appropriate duties on the product when bringing it into the UK. Moreover, the vehicle may also be seized if it is used in smuggling operations. You can have your vehicle returned to you by challenging the seizure or asking Border Force to return your goods, and this article explains your options. So, here’s how to challenge a vehicle seizure by Border Force.

How to Challenge a Vehicle Seizure by Border Force

What’s important to understand is that challenging a vehicle seizure by the UK Border Force is that you are claiming that the seizure of your vehicle was done illegally. Therefore, you will have to prove that there were no legal grounds for Border Force or HMRC to seize your vehicle. You will need to make this clear to Border Force, explicitly stating that this is a condemnation proceeding—not a restoration request.

You will need to consult UK solicitors with experience in the seizure of goods, item stoppages, and product detentions to build a solid case. Your team of lawyers can help develop a case for you

 

Know the Deadlines

If Border Force seizes your vehicle, you have 28 days since the seizure to get the vehicle back. After that, it may get sold or destroyed. Thus, make sure to speak to your lawyers without any delays to ensure that you have the opportunity to have your belonging returned to you.

An Important Point to Keep in Mind

Before you go with this option, it’s crucial that you consult your lawyers to determine if the vehicle seizure was legal or not. Your lawyer may point out some details that show illegal action by Border Force officers that you may not have known. On the other hand, they may indicate the opposite. There’s no point in challenging a vehicle seizure by Border Force if you are not entirely sure that the process was done illegally; you should also be confident that you can present evidence for the illegal seizure.

If you have a basis for challenging the vehicle seizure, you can begin with condemnation proceedings. Your team of lawyers will provide you with the relevant details on how to go about this process. If you don’t have a credible basis for your challenge, you can try some of the other options as discussed below.

Other Options to Have Your Vehicle Returned

In addition to knowing how to challenge a vehicle seizure by Border Force, you should note that there are other options available to have your vehicle back in your possession. They are as follows.

The first is to make a restoration request. In that case, you’ll accept that the seizure was legal, and you want your vehicle returned to you. The second is to make a restoration request and challenge a vehicle seizure by Border Force. This is a combination of the option above and condemnation proceedings.

What Are the Re-Entry Ban Limits for UK Deportation?

Re-entry ban limits for UK deportation

There are different re-entry ban limits for UK deportation based on whether you leave voluntarily or are removed by the Home Office. Knowing these re-entry limits can be helpful for immigrants who plan to settle in the UK in the future or those dealing with deportation. Thus, this article highlights these varying re-entry periods based on unique circumstances.

What Is a Re-Entry Ban Limit?

A re-entry ban limit is a specific duration during which an immigrant may not be able to return to the UK after their departure. These limits can vary from 1 to 10 years.

Re-Entry Ban Limits for UK Deportation

Below are different re-entry ban limits for UK deportation and details on what circumstances can lead to that limit.

No Re-Entry Ban Limit

If you do nothing illegal, i.e., enter the country the legal way and leave before your visa expires (or overstayed for under 30 days), you won’t be given a re-entry ban limit, provided you did not cause the Home Office any expenses and left voluntarily. Leaving the UK voluntarily is known as voluntary departure.

1 Year Re-Entry Ban Limit

Immigrants who overstayed in the UK for over 30 days past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition will face a 1-year long re-entry ban limit. They would also have to have departed from the UK voluntarily and at their own expense.

2 Years Re-Entry Ban Limit

Immigrants in the UK who do not have the finances to fund their exit from the UK may request the Home Office to over it. They may need to exit the UK because of overstaying or illegally entering the UK, were a victim of human trafficking, dealing with an asylum case, etc. In that case, the re-entry ban limit is 2 years.

5 Years Re-Entry Ban Limit

A person may face a 5-year re-entry ban limit if they did the following.

Overstayed in the UK past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition but left the UK voluntarily after 6 months or were removed or left after receiving a caution from the Home Office.

10 Years Re-Entry Ban Limit

There is a 10-year re-entry ban limit for any immigrant who receives a deportation order. While the re-entry ban limit for UK deportation may be 10 years, that does not guarantee your return to the United Kingdom after that period. You should hire experienced UK immigration solicitors that can review your case thoroughly and determine any possibility for your return.

Final Words

Re-entry ban limits for UK deportation can be life-changing and bothersome, especially if you didn’t do anything wrong. Thus, consult your lawyer to help create a defence strategy for your case.

Penalties for People Smuggling in the UK

Penalties for people smuggling in the UK

People smuggling in the United Kingdom is a criminal offence that has devastating penalties for parties engaged in such activities. A new change in the law regarding people smuggling in the UK may also change these penalties for the worse in an attempt to help reduce migrants from entering the country. This article discusses the penalties for people smuggling in the UK.

What Is People Smuggling in the UK?

It is a process through which specific actors facilitate migrants to enter the United Kingdom illegally. It is solely a part of the Immigration Act 1971 [Sections 25, 25A, 25B, 25B (3)]. Therefore, it is not the same thing as people trafficking. This process is usually reserved for those facilitating the entry of asylum seekers into the country to seek refuge there after leaving their own or those who were served a deportation order. That said, people smuggling is also a serious offence, and it’s crucial to have legal help to manage your case.

What are the Penalties for People Smuggling in the UK?

The penalties for people smuggling in the UK are currently set at a maximum of 14 years of imprisonment. However, earlier in 2022, a bill was introduced that could increase this maximum imprisonment duration to a lifetime sentence. If this bill is accepted, this may reduce the activity in the UK or may cause further complications—anything is speculation at this point.

Who Will Not Be Convicted of People Smuggling

This bill also states that individuals and organisations who rescue people in distress or danger at sea will not be charged with people smuggling offences.

What the UK Government Considers Problematic with People Smuggling

Other than being illegal to facilitate the entry of individuals into the UK for gain (Section 25A), it’s also ethically wrong to do so because many people looking for refuge are put into situations by gangsters that pose a significant risk to their lives.

It’s important to note that people who are being smuggled (who are often refugees) also may be charged with imprisonment. While there may be some help for victims, entering the country illegally is still a criminal offence. That said, people in such positions can consider hiring a team of UK immigration solicitors to help fight their case through a sound defence strategy.

Final Words

After knowing the penalties for people smuggling in the UK, it’s evident that you or your loved ones should hire experienced and highly skilled UK immigration solicitors to handle your case. There are many complications that arise with such charges, so you should make sure that nothing is being additionally added that is incorrect. A team of lawyers can review your case, make sure that every detail is accurate, create a defence strategy, and then implement it to help you get the most favorable outcome based on your situation.

Is There a Difference Between Voluntary Departure and Deportation in the UK?

Difference between voluntary departure and deportation in the uk

Is there a difference between voluntary departure and deportation in the UK? Yes, there is a difference between the two, and the possibility of re-entry to the UK also varies between voluntary departure and deportation. This article discusses both of these so that you know the differences and your options if you’re ever on the verge of being forced to leave the United Kingdom. Read on to learn more.

Deportation in the UK

Deportation in the UK is when the Home Office removes a person from the UK because their removal is conducive to the public good. This typically occurs when a migrant to the UK has committed a crime with a punishment of imprisonment of over 12 months. At the same time, any migrant in the UK who has been convicted of a repeated offence may be given a deportation order. Any crime committed overseas that was considered to have caused “serious harm” may also lead to a deportation order.

In such cases, you may be asked to leave the United Kingdom, and re-entry may be difficult or impossible, depending on your circumstances.

Voluntary Departure

Voluntary departure is when a person willingly exits the UK, i.e., without forcible removal by the Home Office. Therefore, the term voluntary departure is used for migrants who may choose to depart from the UK voluntarily after overstaying. Thus, they leave before there is any formal deportation order against them. The ability to re-enter the United Kingdom is a lot easier in that case than after receiving a formal removal order.

Immigrants who depart from the UK voluntarily may be able to re-enter after 1 year if they pay for the departure themselves. Immigrants in the UK who cannot afford to leave the UK may request the Home Office to fund their exit. In that case, they can re-enter the UK after at least 2 years. This duration is known as a re-entry ban.

In either case, it is beneficial to inform the Home Office that you are voluntarily departing the UK. This way, there will be clear records of your leave from the UK, which may make re-entry less troublesome than otherwise. It can help to consult a team of UK immigration solicitors about what your options are before you depart from the UK, as they may help you determine the best path forward for your future in the United Kingdom.

Final Words

The difference between voluntary departure and deportation in the UK is that the former is not sanctioned by the Home Office. If you’re afraid of overstaying in the UK, then you should make sure that you leave voluntarily before you get a deportation order, making it near impossible for you to win your deportation case or return to the UK in the future.

Wrongful Doing Penalties in the UK – What You Must Know

Wrongful doing penalties in the UK

Wrongful doing penalties in the UK, which are also known as wrongdoings, pertain to offence penalties issued by the HMRC. The term wrongdoing is specific to not paying the Crown funds that are owed to it by individuals or businesses. Therefore, these funds can include VAT sums or Excise Duty. Thus, this article discusses wrongdoing penalties and what they can mean to individuals and businesses.

How Wrongful Doing Penalties Are Calculated

Wrongful doing penalties in the UK are calculated by what is known as potential lost revenue (PLR). PLR is the amount that is accumulated by acts of wrongful doing. The officer handling your case or your solicitor can better explain how this amount is calculated.

Therefore, you are expected to pay a percentage of the PLR as your penalty for your offence. Some factors affect the percentage you pay back. These factors include the following.

  • Your behaviour toward the offence, i.e., deliberate and concealed, deliberate, or non-deliberate, with the non-deliberate contributing the least to the total percentage
  • How forthcoming you are with disclosing details of your offences, i.e., with or without prompts
  • Offering more information about the activities involved in your offence to help reduce the percentage
  • Other reductions considered by the governing body

For a more in-depth discussion on these steps, review this resource provided by the UK government. You can also contest the charges. If you do not, then the HMRC will consider your silence as complete acceptance of said charges. In turn, you will receive no reductions in your penalties.

In most cases, the extent of the penalties stops at monetary fines. However, in some extreme cases, your case may also have criminal implications. As a result, the HMRC may choose to treat your case as a criminal one.

Can You Also Be Personally Charged If Your Company Is Being Charged with Wrongful Doing?

Yes, you can. It’s important to note that directors or partners of businesses may also be charged with wrongful doing if their company has been charged with such a case. In such situations, you will need a legal team to develop defence strategies for your company and you personally.

Final Words

Wrongful doing penalties in the UK may not be as severe as otherwise if you tackle your case with legal action early. A trained and experienced solicitor can help guide you through your case and prepare a defence strategy that can help minimize the penalties as much as possible. Seeking legal action early is also crucial because you may also be able to remove the charges altogether under specific circumstances, such as not performing the wrongful doing deliberately or having a reasonable excuse for your actions. Thus, make sure that you communicate all of the details with your  lawyer early so that you can approach your case appropriately.

One Stop Notice in the UK Deportation Procedure – What You Must Know

One Stop Notice in the UK deportation procedure

If you or a loved one is facing deportation from the UK, the chances of appealing to the Home Office to reconsider the deportation order and getting it revoked is very low. However, under unique circumstances, such as being faced with a human rights violation, you may be able to successfully appeal to the Home Office about your deportation order.

Thus, in such cases, the Home Office may you or the person affected with a One Stop Notice. This document is critical in helping you contest your deportation order. Therefore, this article explains the One Stop Notice in the UK deportation procedure and why it is critical to respond to it as soon as possible.

One Stop Notice in the UK Deportation Procedure

The Home Office serves a One Stop Notice to those who have made human rights claims during a deportation case or an asylum claim. Therefore, the purpose of this document is to provide those charged with a useful opportunity to state a series of reasons why they should not be removed from the United Kingdom (for those being deported) and remain in the UK.

The Secretary of State of the Home Department (SSHD) is typically responsible for issuing a One Stop Notice. However, an immigration officer may do so as well in asylum cases. It is up to the Secretary of State of the Home Department whether to issue the One Stop Notice to an individual or not. However, issuing this notice to those who have appealed a deportation order based on a human rights claim is common.

What to Do with a One-Stop Notice?

If you or your loved one is served with a One Stop Notice, it is imperative that you respond to it as quickly as possible. The Home Office often provides a deadline for responding to the notice. Ensure you provide your response much before the deadline to avoid any complications due to processing times.

You should note that the Home Office is obligated to read and consider your response with regard to your deportation order or asylum case. Therefore, you should make it a point to draft a compelling response that can help your case.

In your best interest, consult an experienced solicitor in this field when drafting your response. They can help guide you on what to include in your response. Thus, they can help you add information that can help you make your case stronger for why you should be allowed to stay in the UK.

Final Words

Undoubtedly, winning a favourable outcome in a deportation case in the United Kingdom is nearly impossible. However, the One Stop Notice in the UK deportation procedure offers you a fighting chance if you use it wisely.

What Are Some Circumstances in Which You Won’t Be Deported from the UK?

Two people discussing being deported from the UK

Deportation in the United Kingdom is a punishment foreign nationals in the UK may face for their crimes. However, there are some instances in which this form of punishment does not apply to someone. Thus, this article discusses some circumstances in which you won’t be deported from the UK.

Being Deported from the UK – Exemptions for Specific Individuals

Specific individuals are exempt from ever being deported from the UK based on certain aspects of their identity. Below are people who are exempt from deportation in the United Kingdom.

  • British Citizens
  • Citizens of British Overseas Territories
  • Individuals with the right of abode, which is the right to enter the UK and remain there for an unlimited period
  • Irish or Commonwealth citizen who has been residing in the UK for5 years or since 1 January 1973

These exemptions should prevent you from needing to appeal any deportation order if there is one against you. In that case, make this information clear with your solicitor if the Home Office incorrectly served you a deportation charge.

Circumstances in Which You Won’t Be Deported from the UK

Above are individuals who may never be deported from the United Kingdom. However, you can also not have any of the identities mentioned above and still not face deportation from the UK by the Home Office. Thus, the following circumstances can help prevent deportation.

  • You have begun the process of challenging or appealing your deportation charge
  • You have an injunction that will help prevent your removal from the UK
  • Legally, you can demonstrate how your deportation from the United Kingdom would breach the obligations of the UK as per the European Convention on Human Rights.

It is critical to speak to an immigration solicitor trained in deportation when dealing with a deportation order. There’s a chance that you can avoid being removed from the UK if you satisfy any of the aforementioned circumstances.

Circumstances of Avoiding Deportation of Spouses and Children

You should also note that if you are the spouse or child of a person being deported, you may still be able to stay in the UK. You will have to satisfy any of the following categories.

  • You are a UK citizen
  • You can demonstrate that you have not been living with your immediate family member who is being deported
  • You have settlement in the UK, i.e., Indefinite Leave to Remain (ILR)

Last Few Words

While there are some circumstances in which you won’t be deported from the UK, you will still need the help of an experienced solicitor to help build a case that can defend your position. With deportation orders, it’s typically favourable to seek legal help as soon as possible. This way, your solicitors can create an effective defence strategy and inform you about how to approach your One Stop Notice in the UK deportation procedure.