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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6660
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I need some advice and would appreciate your help. I

Customer Question

Hi I need some advice and would appreciate your help.

I have been dating a Jamaican here in the UK since Jan 2002. He was in trouble for pocession of class A drugs. He spent his time in prison and was deported to Jamaica. Whilst he was in immigration detention centre, we managed to appeal his stay there in the centre and under bail conditions he was able to stay with me.

As he was called to be deported in 2004, he went to Jamaica and has lived there since. This has been very difficult as my family would not have approved of our relationship as I am of asain background. After finishing university in 2006 we had made plans for me to run away there. In April 2006 I went to live in Jamaica with no intentions to come back. However, my family accepted everything immediately. I was reported by them as a missing person and the British High Commission managed to contact me in Jamaica to ensure I am safe.

Whilst living out there, he had told me that he used another name to enter the UK but didn't tell me to keep me out of it. He said he can tell me now as I will be living in Jamaica with him. I obviously then noticed that his family called him by his real name.

My brother was getting married and I came over to the UK for the wedding and landed in to a perfect job. It brings in income to support both of us (him in Jamaica and me in UK) and I do not want to live in Jamaica as my family have accepted us now.

I have been out last year and spent time with him. I have just got married to him this year and now ready to settle down. With everything that has gone on, I would like to continue to live in the UK with him and would like to know where I go from here.

Thank you very much for taking the time to read my long story but I have finally got 99% of what I would like - my family on my side, a good job and now just want him here with me.

I look forward to hearing from you.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Did he receive a ban upon being deported?

Do you wish for him to settle permanently here in the UK with you?

Kind regards

Tom
Customer: replied 3 years ago.

Hi Tom

 

Thanks for a speedy reply. Sorry I work so can't reply instantly.

 

We are not sure if he was given a ban as we had no intentions on living in the UK. Yes I would prefer for us to settle permanently in the UK, if he does have a ban what are our options? And if he hasn't what are the options?

 

My family are here and I have a really good job to provide for both of us if need be (even though he would like to be working).

 

Where do we go from here?

 

Thanks again.

 

My best

 

Trish

Expert:  Thomas replied 3 years ago.

Hi Trish,

 

You've caught me out of the office for the evening I'm afraid (on my phone).


Is it okay if I answer tomorrow morningm at around 10am.

 

Did he pay for his ticket to fly back? Was there are hearing at which he was ordered to be deported?

 

Kind regards.


Tom

 

 

Customer: replied 3 years ago.

Hi Tom

 

10am is fine, no problems at all. I will only be able to respond in evenings as I work 9am-5pm.

 

I don't remember there being a hearing. However, after speaking to him on the phone this evening he said he thinks he was removed not deported, is there a difference?

 

He did not pay for his ticket. They allowed him on bail to stay with me until his paperwork was ready for him to return to Jamaica. He did not appeal against it as we were going to live in Jamaica.

 

He had to report to the local police station once a week, when his paperwork was ready he was held at the station to be sent back the following day.

 

Is there any options available to me? I am worried as I am so settled and don't want to move there but don't want to lose him.

 

Thanks for all your help so far.

 

Best

Trish

Expert:  Thomas replied 3 years ago.

Trish,


Thanks.


Was there a hearing? DId he have to attend a tribunal/court before he left?

 

There are probably options, yes.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Hi Tom

That was quick.. Thanks!

The only hearing that there was that I remember is to appeal for him to stay in detention, which after 2 attempts he was granted bail.

I will call him and get further information.

Best
Trish
Customer: replied 3 years ago.

Hi Tom

 

He said he was requested to be removed during his trial and he did not appeal this decision.

 

Hence, there was no hearing. This was for the trial of pocession of Class A drugs. This was classed as voluntary removal.

 

Look forward to your response.

 

Trish

Expert:  Thomas replied 3 years ago.
Hi Trish,


Thanks for your question.

He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently.

When I asked about a Court hearing, I meant a hearing related to his deportation. When the UKBA serves a notice to someone requiring them to leave the UK then depending on how the leave they will receive a ban from re-entering the UK. This can be anything from 1-10 years depending on whether the person defends the removal and/or does not pay the costs of their return so that the state pays for their flight ticket.

I should think that he has received a ban from re-entering the UK and you will have to find out what this is. However, under immigration rule 320 if he is applying on the basis of a marriage to a UK national then you have an Article 8 Right to a Family and Private Life which means that (if the right is argued) that the UKBA will not be permitted to refuse entry on the grounds of the ban alone.


The application must be well prepared and show that you meet the following eligibility criteria. To be eligible, you must show:-

• 1. That you are legally married to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


He will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your husband before submitting it to ensure the best possible chance of success upon determination by the UKBA.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

It would cost around £1000-1500+vat for solicitor to prepare the application for him to submit to the embassy/consulate. You should certainly instruct a solicitor because the UKBA will be highly motivate to refuse the application and you will need your solicitor to argue your Article 8 Rights. I should think that the UKBA will reject the application and you will have to appeal it to an immigration tribunal. On appeal you will also have to ask the solicitor to continue to act for you and also instruct counsel to act for you on the day.

The visa will be granted for a period of 27 months. Your husband can apply for indefinite leave to remain once he has been here for 24 months. 12 months later he can apply to be naturalised as a UK citizen provided he has not spent a lot of time outside the UK during the 36 months total.

In summary, it will be difficult and you will probably have to pay the costs of legal representation both during the application process and on appeal but if you have competent representation throughout he has a reasonable chance of obtaining a spouse visa.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Tom

 

Many thanks for your advice, I found it very useful.

 

He has reviewed his paperwork and was given a 5 year ban back in 2004 - which is now clearly over.

 

Can his previous convictions be a major problem - entering and leaving under false identity and pocession of class A drugs? Bearing in mind they at this stage are not aware of him using a false identity to return as well.

 

Thanks again

 

Trish

Customer: replied 3 years ago.
I meant not being aware at this of leaving on a false identity as well.
Expert:  Thomas replied 3 years ago.
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