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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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How do l apply to return to UK after l have been deported? I

Customer Question

How do l apply to return to UK after l have been deported? I was deported over 10 years as my student visa had expired but l overstayed. As a teenager, whilst under my expired visa l obtained a criminal record for credit card fraud. Will l be allowed to return?
Submitted: 1 year ago.
Category: UK Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help wi your question today. aplease let me know in which country you presently reside and on what grounds you wish to re-enter the UK.

Customer: replied 1 year ago.
l currently live in Hong Kong. My wife is a British citizen and we wish to return to UK with our children because all her family lives there and we would like to raise our kids in UK
Expert:  Alice H replied 1 year ago.

What passport do you hold?

Customer: replied 1 year ago.
HKSAR
Expert:  Alice H replied 1 year ago.

do your children have British citizenship?

Customer: replied 1 year ago.
my wife will be applying for citizenship
Customer: replied 1 year ago.
for them
Customer: replied 1 year ago.
they do not at present have British citizenship.
Customer: replied 1 year ago.
l did hold a BNO passport which l did not renew after it expired.
Expert:  Alice H replied 1 year ago.

Okay so far as you're concerned you will have to apply for a Visa in order to visit the UK for up to 6 months. If your purposes to come to the UK in order to settle with your wife you need to apply for a family of a settled person visa.

To apply for a ‘family of a settled person’ visa, you must be from outside the European Economic Area (EEA) or Switzerland.

Your partner or family member must have one of the following:

  • British citizenship
  • settlement in the UK
  • asylum or humanitarian protection in the UK

You must also prove that:

  • you’re 18 or over, unless you’re applying as a child
  • your relationship to your family member is genuine and recognised in the UK, eg your marriage is legal in your country
  • you intend to continue living with your family member or partner in the UK after you apply (unless you’re a parent who has access to the child)
  • you and your family will have an adequate place to live in the UK
  • you have a good knowledge of English if you’re 18 or over - unless you’re applying as an adult dependent relative

Joining your partner

You must prove that you and your partner are 18 or over and in a genuine relationship.

You must be one of the following:

  • married or civil partners
  • living together in a relationship for 2 years
  • engaged to be married or to become civil partners

You must prove that any previous relationships you or your partner had are permanently broken down.

You must also meet the financial requirement of:

  • £18,600 per year if you’re applying only for yourself
  • £22,400 per year for you and one child
  • £2,400 per year for each additional child
Expert:  Alice H replied 1 year ago.

?Did you ever come to the UK on your BNO

Customer: replied 1 year ago.
during my studies
Customer: replied 1 year ago.
once after l was deported, l entered UK with my wife, (girlfriend at the time), they detained me for a few hours at let me enter with my girlfriends father as guarantor. l was there for 2 weeks visiting my wife's family at the time
Customer: replied 1 year ago.
l tried entering 5 years ago, but was not allowed entry
Customer: replied 1 year ago.
To apply for the 'family of a settled' visa, where would l apply, through the British Consulate in Hong Kong?
Customer: replied 1 year ago.
l can work under this visa?
Customer: replied 1 year ago.
Since l was not allowed re entry in UK, do l not need to resolve this issue before applying for the visa?
Expert:  Alice H replied 1 year ago.

What type of visa did you apply for 5 years ago? When it was refused did you appeal?

Customer: replied 1 year ago.
l never applied for a visa after l was deported. l was 19 years old at the time, l didn't know l wasn't allowed back in the country. l went back around 2 years after and after being detained as l mentioned earlier, l was allowed entry. About 10 years later l went back to UK to visit my wife's family but was denied entry.
Expert:  Alice H replied 1 year ago.

I'm a little confused - you said you tried re-entering 5 years ago. How did you try and re-enter?

Customer: replied 1 year ago.
just with my passport
Expert:  Alice H replied 1 year ago.

OK I am going to have to opt out unfortunately because your situation is very complex and I don't think I am going to be able to help.

Customer: replied 1 year ago.
l am originally from Hong Kong and was studying in UK with a student visa. lwas deported over 15 years ago when l was 19 years old. I had overstayed with a student visa and got myself into trouble and was sentenced to 9 months in a Correction Facility and served 4 months before being deported back to Hong Kong. I have never appealed or applied for any visa(s) since the deportation. l have gone back to UK twice, not knowing that l wasnt allowed to enter UK because of my deportation. The first time l went back to UK, the airport detained me for a while before letting me enter. My wife's father signed a form, something about being a guarantor for the duration of my stay. Since they allowed me in the country, l assumed there wouldnt be a problem if l wanted to visit UK again, so years later my wife and myself took our son to meet his relatives in the UK, but this time l was not allowed into the country. They flew me back to Hong Kong using my return ticket.
That was 5 years ago, now my wife and l would like to move back to UK with our children. My wife is a British citizen and l would like any assistance or advice on how to proceed.Thankyou