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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7147
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi.I came to UK in 2005 on student visa & was issued PSW in

Resolved Question:

Hi.I came to UK in 2005 on student visa & was issued PSW in 2008 & Tier 1 general Work permit in 2010 valid till Aug 2012.In 2011 June I was arrested for case of deception & I pleaded guilty for which I served 6 months sentence & now reporting to immigration as issued with IS 151 form subject to removal.Now question is if I could apply for discretionary leave as my daughter is born in UK & having valid visa till august 2012 as my dependent & my wife is on Tier 2 work permit & would be eligible to apply for ILR next year in May.If yes what are chances to get discretionary leave?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.
I assume that you and your wife are not separated. This being the case you would be have a Human Rights (Art.8 Right to Family and private life) argument that will help in deportation proceedings to prevent you being removed for the time being.

I would not expect leave to be granted any further than the point at which your wife’s current visa expires.
When your wife becomes eligible to apply for ILR and obtains this then you would also have a reasonable chance of applying for Further Leave to Remain on the basis that it would infringe the article 8 rights of you all to remove you from the country. However, if you are not with your wife at the time and are not involved in raising the child then your chances would drop considerably.

However, the UKBA can put aside human rights arguments in certain cases where it is in the public interests. Essentially, if it was accepted that there was a high risk of your committing further offences then this would come in to play. You would therefore need full details of any mitigation made in respect of the offence and also full details of your rehabilitation following conviction as well as many character references that you can get for yourself.
Your chances are reasonable provided you are with your wife, involved and continue to be involved in raising the child and your mitigation/rehabilitation/character references are extensively detailed and presented for consideration.
The best thing you could do would be to instruct a solicitor to act on your behalf.
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. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 3 years ago.
Thanks for your quick reply.Basicly I got representative but they say that I continue with reporting Immigration.If we would apply discretionary leave its chances is 99 % being rejected.They are suggesting me to apply for my daughters extension as dependent of my wife's visa & me continue with reporting till I am issued with removal directions so they could take case to court where Tribunal could grant me visa.At present my wife is working full time & I am staying with my daughter at home as they have put work restriction on me.Also I applied for my daughters visa from India as dependent of my wife but they issued visa as dependent on me as my visa is supposed to finish this August & my passport is with immigration.What would you suggest?Thanks for Reply
Expert:  Thomas replied 3 years ago.

Thanks for your reply.

You've got to wait until directions and then make representations based upon your article 8 rights. Provided you can prove that you have a on going input in to your daughter's upbrining and have complied with your rehabilitation, aswell as put in any case for mitigation that you have then you have a reasonable chance (ie. above 50%) of preventing your removal IF they do not consider that you are a risk to the public.

Your daughter should apply as a dependent of your wife. This is safer for her.

You will not be granted a visa by the UKBA. Your chances are dramatically increased if you appear before a tribunal.

Trust this clarifies, please click accept.

Kind regards,

Thomas, Solicitor
Satisfied Customers: 7147
Experience: BA (Hons), PgDip, Practising Solicitor
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