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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my boyfriend was deported from london to sri-lanka his country

Resolved Question:

my boyfriend was deported from london to sri-lanka his country what can i do to bring him back due to overstaing please help we are both gays thank you
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. When was he deported
2. For how long did you cohabit (ie. live together) with him in a relationship
3. Are you in a civil partnership
4. Do you intend to enter in to a civil partnership (if you could)?
Kind regards.
Tom
Customer: replied 4 years ago.
he was deported on 28 february 2012
meet him on 2009 and we start living toghether in 2010.
no we are not in a civil partnership.
yes we would like to enter in to a civil partnership if is possible
thank.
Expert:  Thomas replied 4 years ago.
Hi,

When in 2010 did you start living together?

Kind regards,
Tom
Customer: replied 4 years ago.
IN april
Expert:  Thomas replied 4 years ago.

Hi
Thanks for your reply.
In all probability, he has received a ban. If he was removed at the cost of the taxpayer then this would be either 5 or 10 years. This ban extends to all immigration ones except those based on a relationship that attracts an article 8 Right to family and private life. Therefore the only option is to apply based upon your relationship.
The problem is that you have not cohabited for long enough as unmarried partners to be considered as such for an unmarried partner’s visa. Therefore you must apply on the basis that you are or will be civilly partnered in a civil ceremony.
I presume that there is no such thing as a civil partnership in SL and therefor an application for a fiancé visa is the only option.
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation 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
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your partner going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your partner showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

• You should also include job adverts showing jobs available that your partner could do when you come here and show, via their CV, that they have the qualifications and work experience that he would be a viable candidate for those roles

He would also have to pass an English language test.

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website

You should consider instructing a immigration solicitor based here in the UK to prepare an application for You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.


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Kind regards,


Tom
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