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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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immigration and theft

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I live in London england. I have lived in london for 13 years. In 2003, i was sentenced to 4.5 years for possesion of firearms. The ukba made no move to deport me. In 2008, myself and family members were granted discretionary leave to remain. In 2011 when i tried to extend it, i was served with a deportation letter and went to an immigration tribunal. By then, i was married with 2 kids. I won my deportation case on human rights ground. All family members and british. I was given 6 months visa. I have recently applied for an extension and waiting for the reply.  i have ben informed that i will get limited leave to remain and i have to complete the biometric process first.


I have been charged with a theft offence with a friend recently and i am likely to get a fine according to a solicitor. If i get a fine or community service, would this affect my whole immigration saga ? Would the ukba bring up deportation case against me on this charge ??


or is it just the case that they will limit the amount of leave i am given


Alex Hughes :

Hello and welcome to Just Answer. My name is XXXXX XXXXX I'm happy to help with your question today.

Alex Hughes :

If you were charged with the theft before making your renewal application you should have disclosed it. If you were charged after the application was made then UKBA may identify it on a search. Either way they will take this into account when deciding your application.

Alex Hughes :

Applying the 'good character requirement' UKBA may refuse your application. You may have to go through the appeal procedure again.

Customer:

hi

Customer:

is it likely that i will be sent a deportation liability letter again ?

Customer:

or would they just refuse outright on grounds that i have a recent conviction ? how likely is it to happen ?

Customer:

Also, i was not charged before my application. I will be charged on Monday according to my solicitor.

Alex Hughes :

They are likely to refuse your application.Then if you remain beyond the expiry of the visa you will become liable to deportation

Alex Hughes :

Pending prosecutions have to be disclosed. If you were on police bail when you made yoir application you should have informed UKBA.

Customer:

The visa has already expired since december and i already applied for the extension before the expiry date.

Customer:

This just recently happened. My application was made last year. They had already sent me a letter that i am due to get a limited leave but needed my biometrics. I have just sent off the biometrics and waiting for my passport and visa to come back before this happened.

Alex Hughes :

Fingers crossed. You should be OK then.It sounds like the application has alreadybeen granted.

Customer:

more or less. They just did not say how long my residency would be for.

Customer:

I won my current discresionary leave to remain through the tribunal process.

Alex Hughes :

Thats not unusual. When you get your paperwork it will be clearer. Sounds like everything should be fine.

Customer:

so, is a theft conviction with a fine as punishment enough to rend one liable to deportation ?

Customer:

or, is a a punishment that does not carry prison term enough to have someone liable to deportation and leave curtailed ??

Alice H and other UK Immigration Law Specialists are ready to help you
Hi. Please remember to rate my answers. Happy to discuss further.
Customer: replied 3 years ago.

Under the new immigration rules of deportation, I would qualify for those that would be disproportionately deported. Reasons being that my wife is british and has been legally resident here for more than 15 years. I have a son born here over the age of 7. 2 other children under 7 years.



Putting this into consideration, would the UKBA still serve one with a deportation order even though one falls within the category of those that deportation would be disproportionate for if carried out ??

Hi.

Even though you fall into that category they could try and deport you. If that happens you should appeal on human rights grounds (e.g. disproportionate, right to private and family life). But there is nothing to stop UKBA from trying to deport you.

Alex
Customer: replied 3 years ago.

I would hope it is unlikely that such a deportation move is highly unlikely if one is punished with a caution.

Yes. Lets hope they do not take such drastic action.
Customer: replied 3 years ago.

Have you had cases where a caution cause UKBA to make moves to deport a resident ??


If so, in such a hearing, is the UKBA like to stand a better chance than an individual with clear human rights ground or the other way around ??

Customer: replied 3 years ago.

You have not answered my last question.

A person with a clean criminal record obviously stands a better chance of staying in the UK than somebody who has cautions or convictions for committing criminal offences.

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