How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Paul Richmond Your Own Question

Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
39918989
Type Your UK Immigration Law Question Here...
Paul Richmond is online now
A new question is answered every 9 seconds

hi my partner been in tuk for 8 1/2 years now we been dating

Resolved Question:

hi my partner been in tuk for 8 1/2 years now we been dating 6 years but when he arrive in the uk from jamaica in 2001 he ran out of the airport and left his passport there(at this time jamaican didn't need a visa) however he cheated and have a 1year old son in the uk(not my son). he was using some1 else name working in the uk than apply for a passport in that name and got caught. play early guilty at court. do u think he will be able to not getting deportation after his sentence, i love him dearly i am very stress. cant sleep at night and dont think i can go on without him.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 4 years ago.

Thank-you for your question. I have represented many individuals in a similar situation to your partner. In my experience, the Home Office will try and commence deportation proceedings against your partner if either the Sentencing Judge recommended deportation or he was sentenced to at least 12 months imprisonment. If neither of these conditions apply however then the Home Office is unlikely to try and deport him. If the Home Office does issue a notice of intention to deport then your partner will have a right of appeal to an independent Immigration Judge He will be able to argue that deportation would constitute a violation of his right to private and family life in the United Kingdom as guaranteed by Article 8 of the European Convention on Human Rights. It will then be for the Judge to decide whether deportation is proportionate weighing, on the one hand, the degree of interference that will be caused to your partner's family and private life (and that of his son and you) and, on the other, the public interest in preventing disorder or crime. In order to ensure that any appeal is properly prepared and argued you should seek professional legal representation. From the information that you have provided it seems likely that if the Home Office does commence deportation proceedings then they will try and argue that your partner should be deported because he has committed a serious offence, he has used deception and he has been living illegally in the UK. However your partner will be able to argue that he has now spent a lengthy period of time in the UK and he established a family and private life in the UK. He will need to stress the amount of contact that he has with his son and the role that he plays in his upbringing and also mention the strength of his relationship with you. If he has no previous convictions and/or a Pre-Sentence Report that assessed him as at low risk of re-offending then this will also be helpful. It will also be important for him to set out all the reasons why it is not reasonable to expect you and his son to live in Jamaica with him. Therefore, in short, even if the Home Office does decide to try and deport your partner, he does appear to have an arguable case that he should not be deported and he will be able to present this case to an Immigration Judge.

 

I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

Customer: replied 4 years ago.
is it possible to have two barrister to deal with one case like mines, n do u work privately. he is going back to court in september can i write a letter to the judge before is sentence date or can i make a speach if the judge demand deportation. or should i wait until he does is time n see what happen next
Expert:  Paul Richmond replied 4 years ago.

If your partner is represented by a criminal lawyer then he should follow the advice of his criminal lawyer on the evidence and submissions that it is appropriate to make at the sentencing hearing. I am an immigration barrister so I cannot provide you with detailed advice in this regard. However, in principle, the sentencing judge will consider all mitigating circumstances when deciding what type of sentence to impose and also the severity of the sentence.

 

When deciding whether or not to also make a recommendation for deportation, the sentencing judge will not consider your partner's right to a family and private life in the UK. This is a matter for the Immigration Tribunal to consider - if the Home Office decides to make a deportation order and if your partner wishes to appeal. You can give evidence at an appeal before the Immigration Tribunal and explain why your partner should not be deported.

 

At the immigration appeal hearing your partner can instruct either a solicitor, OISC approved representative or an immigration barrister to represent him. He can also instruct more than one lawyer if he wishes.

 

I do represent members of the public on a private basis. However, the rules of JustAnswer prevent me from discussing this further on this site. If you wish to continue this discussion you should contact me off site.

 

I hope this answers your questions. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you



Edited by Paul Richmond on 7/4/2010 at 7:29 PM EST
Customer: replied 4 years ago.
so can i have ur direct contact detail pls
Customer: replied 4 years ago.
how much do u charges to take up his immigration case n can i have u full ontact detail
Expert:  Paul Richmond replied 4 years ago.

Sorry, the terms of use of JustAnswer prevent me from advertising for clients or entering into discussions with potential clients on the site. If you wish to continue this discussion I will be happy to do so off site (you can find my contact details by clicking on my name below (next to the photo) and searching google). Thanks for your understanding.

 

Please don't forget to click ACCEPT before you leave. Thank-you.

Paul Richmond, Barrister
Satisfied Customers: 138
Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
Paul Richmond and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience