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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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HI.Situation is i was on Tier 1 visa.In July 2011 i was convicted

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HI.Situation is i was on Tier 1 visa.In July 2011 i was convicted of deception case i.e using false documents to gain further leave to remain in UK & was given 6 months sentence.At that time my wife was of 5 years work permit & my daughter was not having any visa.I spent 3 moths in prison & was discharged after warning letter from home office.Later I went to get my passport back but case worker didn't gave back my passport but arranged appointment with other case worker & they told me to reporting every 2 weeks to immigration reporting center.Till now i am still reporting every 2 weeks & not missed any reporting.But now situation is changed & my wife got ILR this may & also my daughter got registered as British citizen.She is born here in UK. Question is what options are now available to me,what are chances of approval & how much time i should expect?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Can you please confirm that you do not have leave to remain?

Can you give me some more details on the deception that led to your conviction please?

What visa did your wife have please?

Tom
Customer: replied 1 year ago.

Hi.My visa expired in August last year but I was told that might be they have already curtail my leave which I can't confirm as immigration does have my passport.The case was pumping up income to get extra points for Tier 1& thus using deception to gain visa.They put 2 charges, one deception & other money laundering but later removed second charge & I was sentenced to 6 months imprisonment. At this moment my wife got Indefinite leave to remain which she got on 29 April this year.We also got my daughter registered as British citizen.

Expert:  Thomas replied 1 year ago.
Hi,

How did your wife get ILR?

What visa was she on?

Tom
Customer: replied 1 year ago.

My wife was on 5 years work permit even before we got married. After lawfully spending 5 years on work permit she applied for Ilr which she got end of April.she is working with tour travel company.

Expert:  Thomas replied 1 year ago.
Do you remain in a loving relationship with your wife and will you continue to do so?

Tom
Customer: replied 1 year ago.

Absolutely yes.I got lovely little daughter & good wife

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

As your wife has secured her status in the UK completely independently of you and you have a UK citizen daughter then the chances of you being deported are pretty low. In fact, I would be fairly surprised if the UKBA took deportation action and issue directions.

The reason for this is because of your Article 8 right to a family and private life, which essentially means that these would be breached if you were removed from your family.

However, this does not mean that regularising your status in the UK will be easy. You will probably have to apply for a spouse visa on the basis of being married to your spouse, who is regarded as being settled in the UK because she now holds ILR.

Due to your complicated immigration history and the earlier breaches you will probably have a fight on your hands, because deception is (rightly, I have to say) taken very seriously by the UKBA. They will likely reject on the basis that you do not have leave to remain and attempt to require you to return to your home country to make the application. You will have to argue that this is unreasonable and disproportionate because you would simply make an application straight away and your wife and daughter would be unnecessarily deprived of you. You may be successful.

Additionally, you would be arguing that your human rights supercede the position of the UKBA (if they adopt it) that granting you further leave to remain would not be conducive to the public good.

You need to instruct a solicitor to help you apply and then defend the application, but ultimately you will probably be okay.

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Kind regards,


Tom
Customer: replied 1 year ago.

Sorry to reply late.In this situation what would be more appropriate?Either to apply spouse visa or to apply in some other category?

Expert:  Thomas replied 1 year ago.
Hi

Definitely a spouse visa application is the best way forward but, as I say, you will have a bit of a fight on your hands. However you should eventually secure your leave to remain in the u k because of your significant human rights based on your wife and daughter

Please rate my answer as okay service or above

Kind regards

Tom
Customer: replied 1 year ago.

Thanks for your prompt quick reply.Just last query.If you could go through reply given my solicitor & comment it would be really great as they are suggesting some thing different here.


 


The case would have been discretionary or exceptional leave but the basis of the case has now changed since July 2012.


 


The case very much depends on Human Rights grounds but in the rules any imprisonment of less than 12 months you would normally have to wait 5 years before its spent in terms of the general grounds of refusal unless a case for human rights can be proved.


 


A difficult case like yours could take up to a year to be decided.


 


The choices are


 


Wait 5 years total signing on but it would mean another 2-3 years reporting in but this leaves it all open ended and we do know that you could eventually be in line for administrative removal and this would trigger an appeal at that point.


Try for exceptional leave – this can be on the basis of your wife here and child here and your good behaviour since. We can apply on the new rules that includes EX 1. You do not have to have existing leave but I need to check your last UKBA paperwork to see the last documents issued to you to see if it might exclude you from applying under this route. There are 2 reasons the best interests of the child and your partner as well.


 



The EX 1 cases are very difficult the criteria is not set out that can make a guaranteed application and the facts are as they are per case and everyones case has its own merits.


 


All I can tell you is that realistically you can expect a long hard road forwards and if you have the patience we will get there in the end but it will be one step at a time. You may have to go to appeal.

Expert:  Thomas replied 1 year ago.
Hi

Where you are applying for a spouse visa out of time you are affective lee applying for exceptional leave to remain. This is what I have recommended and your solicitor has correctly outlined it in the portion that to you have included in your most recent post

I I cannot sugarcoat the situation for you, its going to be very difficult and take a long time but you should hopefully get there. Your solicitor has said something similar. It's not simply a case of applying and then 2 months later getting your leave to remain. You would at least have to appeal and prepare for your case cogently and in great detail


I have answered your question. Please rate my answer now.

Tom
Thomas, Solicitor
Satisfied Customers: 6589
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Thanks very much for your prompt answers. Really appreciated!!!

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