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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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How does the UK immigration law deals with a person deported

Customer Question

How does the UK immigration law deals with a person deported from USA. Does it affect the person's chances of getting a UK student Visa
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

If a person has been deported from another country then the UKBA will view this as a breach of that country’s immigration rules. This is very serious. It would mean that the UKBA would reject the application under Immigration Rule 320 (6):-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

This is where they would consider that the grant of a student visa to such a person would be contrary to the public good because there would be a reasonable chance that the person may offend the UK immigration rules and result in deportation proceedings (which cost the public money).

Sorry it could not be better news. If the person were instead applying for a visa where their Human Rights were affected (eg. Article 8 right to a family and private life – in the case of marriage to a UK national) then it might be possible to get around the issue on appeal but there are justifiable reasons for refusing a student visa I regret to say

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Kind regards,


Tom
Customer: replied 2 years ago.
if a person is convicted for something and the sentence is deportation and the person leaves the country on his own with out deportation being stamped on his passport.
Will this conviction be considered be considered spent under the 1974 rehabilitation act under which you do not have to disclose spent convictions and does it have to be disclosed on the visa application form.

If the person left the country on his own without deportation stamp does it have to be mentioned on the visa application.
Expert:  Thomas replied 2 years ago.
Hi,

You would have to disclose it. The question is "any criminal convictions" , you would be causing yourself more trouble if you did not disclose.

Additionally there is a question as to whether you have ever been deported from any other country and you would also have to confirm that you have.

If you do not disclose they will probably find out and regard you as being deceptive in your application. This would be fatal in this application and most other applications that you would make in the future.

You have not rate my answer, please remember to rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.
I am asking if the sentence for a "criminal conviction" is deportation and the person is deported then does that criminal conviction count as spent or not. If it counts as spent according to the rehabilitation act then do you have to disclose it in the application or not.



Expert:  Thomas replied 2 years ago.
Hi,

What is was the actual criminal conviction?

If you look at your original question I have answered that. I will answer this follow up question but please rate my answer now.

Tom
Thomas, Solicitor
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Hi,

There was no need to post a further question to the board. I'll request a refund of the further question.

I ask you to confirm what the conviction was for?

Tom
Customer: replied 2 years ago.
Can you please answer without getting into details as it is a public forum and I will not like to disclose details.
Just tell me if for a criminal conviction the sentence is deportation. Then does commencement of deportation counts the conviction as spent under the rehabilitation act. If it does count as spent then do you have to disclose it on your application.
Expert:  Thomas replied 2 years ago.
I cannot tell you how this would be treated without the conviction itself. The spent period which is regarded by the UKBA for a foreign conviction is the length potential sentence if the crime happened in the UK.

Without knowing the crime I cannot tell you the spent period.

Tom
Customer: replied 2 years ago.
sending out pornography on internet
Expert:  Thomas replied 2 years ago.
Can you be a bit more specific, I don't need the details of the case, just the criminal name for the offence in the country where it occured?

Tom
Customer: replied 2 years ago.
i am not sure of the criminal name for the offence
Expert:  Thomas replied 2 years ago.
Hi,

On the assumption that it would be regarded as the distribution of obscene articles then the maximum sentence would be, I believe, 5 years. This would mean that potentially the conviction would never become spent and would certainly mean that it would be ten years before it is spent.

Tom
Customer: replied 2 years ago.
I thought spent convictions meant convictions for which you have completed the sentence.
Do you think it is a good idea to apply for uk visa in this scenario.
Expert:  Thomas replied 2 years ago.
No. A conviction is considered spent after a period of rehabiliation:-
http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

I would think that your application for a student would almost certainly be rejected unfortunately.

Tom
Customer: replied 2 years ago.
How will be the case if the sentence is probation under First offender according to US law while the probation is conditional on termination if the person opts to leave the states.
Expert:  Thomas replied 2 years ago.
I will answer in a bit
Customer: replied 2 years ago.
Ok I will be looking forward to your answer.
Expert:  Thomas replied 2 years ago.
Thanks
Expert:  Thomas replied 2 years ago.
Hi,

I don't really think that's going to make a difference because the period will be taken to be the potential sentence you would have received if convicted in the UK.

I'm afraid the reality is that any application apart from one based on marriage will be rejected unfortunately.

Tom

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