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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6461
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello i am a Jamaican, citizen i entered the UK in 2002 and

Customer Question

hello i am a Jamaican, citizen i entered the UK in 2002 and claim asylum which was refused. i was advice by ukba to return home and apply for a visa to return and visit my child, i did this in 2005, and was refused the visa. i re-entered the uk illegally in 2006 and was caught in 2008, i was sent to jail for 12 months with recommendation from the judge to be deported. i appealed and lost, i was deported in 2009.

my problem is i have a child in the UK i use to be her main support we use to live together but since my deportation me and her mother relationship as broken down and now i have very little or no contact with my child.

point to note

1 i am now married to a person who has indefinite leave to remain in the UK.

2 i have no contact with my child who is a British citizen

3 i only committed the offence of entering the country illegally

4 i have no other criminal record in the UK.

5 the deportation order did not give a end time.

my question now is, is it possible to have the deportation order revoked and what would i need to do, i would really love to see my child again soon


thanks in advance for your answer
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Your Article 8 Right to a Family and Private Life would supercede any ban you received as a result of your deportation, provided that your right is argued cogently in your application covering letter.

Your previous immigration history would prejudice your right to get ILR/Citizenship for quite some time, but provided you otherwise meet the eligibility criteria for a spouses visa then any ban would not restrict this.

You will have to show:-
• 1. That you are legally married to eachother (marriage certificate)
• 2. You have met before (statements, correspondence)
• 3. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence)
• 7. You can support each other without the need for public funds (bank statements, evidence of income)
• 8. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
• 9. That neither of you are younger than 21 years of age. (birth certificates, passports)

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive

You will also have to pass and english language test showing you have a basic command of spoken and listening English. She can find out approved test providers in your area by contacting the UK embassy nearest to you.


You will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with you to argue your Article 8 right.

It would cost around £1000 -1200+vat for a solicitor to prepare it on your behalf, or around £300+vat for them to check it

You/your wife can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.

In addition your application and the covering letter must also refer to your UK citizen child, but by showing their are two family aspects to your application it will further strengthen the Art 8 argument and increase the likelihood of approval.

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.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for your reply, however what i would like to know is do i request the revocation of the deportation order first. Or do i submit the application for the spouse visa without requesting the revocation of the order.

and could you help me with a model letter of the request of the revocation of the order if possible.

thanks
Expert:  Thomas replied 3 years ago.
No, you can submit the application on it's own provided you ask that a solicitor drafts the covering letter giving details of the order and arguing that your article 8 rights should supercede it.

Thanks for your accept.

Tom
Customer: replied 3 years ago.
Tom thanks for your speedy answers but i am a little bit lost on the last answer as you started it off with No.......is it no you cant help me with the model letter?.........or is it no i don't need to ask for the revocation of the order separately?


thanks
Expert:  Thomas replied 3 years ago.
It's "no" you do not need to revoke the Deportation Order. You just need to make a new application.

There really isn't one standard letter for this, all of these applications require bespoke letters tailored to you situation with reference to your defined immigration history.

You need to instruct a solicitor directly and can ask your wife to do so by using the above link to the law society website.

Tom
Customer: replied 3 years ago.
Tom thanks a million for your speedy reply man I do appreciate it.
my final question to you today is from your experience does this look like a straight forward case??

thanks
Expert:  Thomas replied 3 years ago.
Straightforward? No.

Achievable? Yes, but you need to instruct a solicitor directly.

Tom
Customer: replied 3 years ago.
Thanks again Tom, I will instruct a solicitor now that i know where i stand once again thanks alot
Expert:  Thomas replied 3 years ago.
You're welcome.
Customer: replied 2 years ago.
hello Thomas, is it posible for you to send me a sample revocation of deportation letter??


thanks
Expert:  Thomas replied 2 years ago.
You don't need one. You need to make a new application and deal with the deportation order in your covering letter.

You need a solicitor to do this for you, this is for general advice only. Yours is a very specific problem so you need a UK based immigration solicitor.

Kind regards,

Tom
Customer: replied 2 years ago.
are you saying my wife cannot submit this application herself?? the problem we have is we got conned by solicitors in UK, my wife had paid money to no avail...and it was poor advice from solicitor that got me deported in the first place............anyway the application can be submitted at the embassy in Jamaica or it as to be submitted in the UK? points to note;

my wife is now naturalize as a British citizen

Customer: replied 2 years ago.
Relist: Incomplete answer.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Alex Hughes replied 2 years ago.
Hi my name is Alex and I'm happy to help with your question today.

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