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I was convicted in the uk for a fraud related offence and got

 

Customer Question

I was convicted in the uk for a fraud related offence and got deported afterwards in march because My visa expired. I want to come back to the uk for my studies, do i still have a chance to do so?

 

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Province/Country relating to question : UK

Submitted: 337 days and 20 hours ago.
Category: UK Immigration Law
Value: £46
Status: CLOSED
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Expert:  UK-Justice replied 337 days and 20 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

Yes you still have a chance.

But you must apply for a student visa.

However the UKBA will consider your application and any previous matters.

Clearly this has a negative effect, but to answer your question - yes you still have a chance.

Please remember to click accept so that I am credited for my time. Thank you.

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Expert:  UKSolicitorJA replied 337 days and 20 hours ago.

Hello,

I am happy to deal with your UK immigration law issues.

Do you have a deportation order against you and if so when does it expire?

Thank you

Customer replied 337 days and 20 hours ago.

Ok thanks for your answer. I do appreciate, But I want to be certain about what I am doing. I got convicted in september 2011 and after my sentence, I was considered for automatic deportation. I was studying in the UK before this incident, This is my very first conviction. I am scared I may not be granted visa. I really do want to finish up my studies in the UK as I stopped half way in my degree. Now I am planning on coming back to the UK this year in september if I am given admission to study. Do you think, I will be granted a visa? Please what are my chances? What do I do to see my visa is granted. Some friends told me I have to wait about 10yrs before applying to come back to the Uk. Please I need your strong advise. thank you

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Expert:  INC replied 337 days and 20 hours ago.

Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

If you have been served with a deportation order and have subsequently been deported, you would have received an automatic 10 year ban. This would mean that you would not be able to make any further applications and any applications that you did make would be automatically refused for the next ten years.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards

Accepted Answer

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Expert:  UKSolicitorJA replied 337 days and 19 hours ago.

Under the Immigration Rules, you may apply for revocation of any deportation order as per the following criteria:

An application for revocation of a deportation order will be considered in the light of all the circumstances including the following:

(i) the grounds on which the order was made;

(ii) any representations made in support of revocation;

(iii) the interests of the community, including the maintenance of an effective immigration control;

(iv) the interests of the applicant, including any compassionate circumstances.

391. In the case of an applicant who has been deported following conviction for a criminal offence continued exclusion

(i) in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or

(ii) in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees.

will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.


Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.

Expert TypeSolicitor
Category: UK Immigration Law
Pos. Feedback: 87.5 %
Accepts: 295
Answered: 5/7/2012

Experience: English Solicitor and UK Immigration Law Expert

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