my husband came to the uk in 1998 has the right to remain but just does not have a british passport in the 12years since he has been here he has never been in trouble with the law in any sort of way, last year he was invloved in the very last minute in conspiracy to commit arson and the judge for my husband was unable to make a decion and was transferred to a probation officer which stated that my husaband was no threat to the public in any sort of way and should be given a less sentence like community service but the judge gave him 18months, because he got over 12months now i have to try and stop him to get deported. I have sent the paper work back to the uk border ageny, iam british myself and have four british children , i really need some advice im really worried he will get deported.
What Nationality is your husband?
Are the children also his?
Thanks for the clarification.
The first thing I suggest you do is instruct a Solicitor to act on your behalf.
The Solicitor should make an application to the High Court for an injunction preventing removal of your husband from the UK. At the same, time, he/she should send a letter before action to the treasury solicitor (Solicitor acting for the UKBA) and set out the claim, making reference to any human rights claim.
Once he has done this, he will have to make an application for Judicial Review to the HIgh Court. It will then be up to a High Court Judge to decide. During the process, an application for bail should be made. If granted, your husband will be released on bail pending appearance at a hearing.
The best thing you can do at this stage is instruct a solicitor. If you can let me know what town you are in, I may be able to locate one for you.
If you wish to discuss, please feel free to ask further questions.
thanyou for your help i am from sheffield my husband was to get a early release date on the 7th of july but was refused by the uk border agency but do you think he has a good chance of being deported he has never been in trouble with the law
thanyou for your help
From what you have explained above, he has a strong case for human rights and I would suggest that a solicitor get involved with this as soon as possible as they would be able to work through the process for you.
On the information you have provided above, I would be of the opinion that he would have a string case against removal, however, an application needs to be made. Without this, he may be removed.
Generally, they do deport at the completion of a sentence, however, not always if there is human rights issues involved. This is why it is very important for you to instruct a lawyer at this stage.
have you got a good solicitor in mind in sheffield
You can find one on the law society website, under the section 'Find A Solicitor'.
Alternatively, have a look on the ILPA website. See following link:
I hope this answers your question.l If so, kindly click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).