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How does the UK immigration law deals with a person deported

from USA. Does it affect...
How does the UK immigration law deals with a person deported from USA. Does it affect the person's chances of getting a UK student Visa
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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience: BA (Hons), PgDip, Practising Solicitor
Hi

Thanks for your question.

If a person has been deported from another country then the UKBA will view this as a breach of that country’s immigration rules. This is very serious. It would mean that the UKBA would reject the application under Immigration Rule 320 (6):-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/

This is where they would consider that the grant of a student visa to such a person would be contrary to the public good because there would be a reasonable chance that the person may offend the UK immigration rules and result in deportation proceedings (which cost the public money).

Sorry it could not be better news. If the person were instead applying for a visa where their Human Rights were affected (eg. Article 8 right to a family and private life – in the case of marriage to a UK national) then it might be possible to get around the issue on appeal but there are justifiable reasons for refusing a student visa I regret to say

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
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Customer reply replied 5 years ago
if a person is convicted for something and the sentence is deportation and the person leaves the country on his own with out deportation being stamped on his passport.
Will this conviction be considered be considered spent under the 1974 rehabilitation act under which you do not have to disclose spent convictions and does it have to be disclosed on the visa application form.

If the person left the country on his own without deportation stamp does it have to be mentioned on the visa application.
Hi,

You would have to disclose it. The question is "any criminal convictions" , you would be causing yourself more trouble if you did not disclose.

Additionally there is a question as to whether you have ever been deported from any other country and you would also have to confirm that you have.

If you do not disclose they will probably find out and regard you as being deceptive in your application. This would be fatal in this application and most other applications that you would make in the future.

You have not rate my answer, please remember to rate my answer.

Kind regards,

Tom
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Customer reply replied 5 years ago
I am asking if the sentence for a "criminal conviction" is deportation and the person is deported then does that criminal conviction count as spent or not. If it counts as spent according to the rehabilitation act then do you have to disclose it in the application or not.



Hi,

What is was the actual criminal conviction?

If you look at your original question I have answered that. I will answer this follow up question but please rate my answer now.

Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 87 other UK Immigration Law Specialists are ready to help you
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Hi,

There was no need to post a further question to the board. I'll request a refund of the further question.

I ask you to confirm what the conviction was for?

Tom
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Customer reply replied 5 years ago
Can you please answer without getting into details as it is a public forum and I will not like to disclose details.
Just tell me if for a criminal conviction the sentence is deportation. Then does commencement of deportation counts the conviction as spent under the rehabilitation act. If it does count as spent then do you have to disclose it on your application.
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Customer reply replied 5 years ago
sending out pornography on internet
Can you be a bit more specific, I don't need the details of the case, just the criminal name for the offence in the country where it occured?

Tom
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Customer reply replied 5 years ago
i am not sure of the criminal name for the offence
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Customer reply replied 5 years ago
I thought spent convictions meant convictions for which you have completed the sentence.
Do you think it is a good idea to apply for uk visa in this scenario.
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Customer reply replied 5 years ago
How will be the case if the sentence is probation under First offender according to US law while the probation is conditional on termination if the person opts to leave the states.
I will answer in a bit
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Customer reply replied 5 years ago
Ok I will be looking forward to your answer.
Thanks
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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience: BA (Hons), PgDip, Practising Solicitor

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