UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

Can an illegal immigrant who is also already an immigration

offender(not for the illegal entry,for...
Can an illegal immigrant who is also already an immigration offender(not for the illegal entry,for deception in a previous application)ever get any sort of visa whilst still in the UK?
Show More
Show Less
Ask Your Own UK Law Question
Answered in 11 minutes by:
2/22/2011
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi,

 

Thanks for your question.

 

The only traditional application they would be able to make would be for asylum. Obviously though it would have to be a credible claim backed up by documentary evidence and the deception would weight heavily against them to the extent that the UKBA would be suspicious from the start.

 

A discretionary application outside the traditional forms of visa could conceivably be a possibility if it were argued that they should be permitted to stay on human rights grounds (eg. to provide care and assistance for a spouse or child with leave to remain, ILR etc).


The reality is the deception is taken very seriously indeed by the UKBA and would likely affect any application made I'm afraid,.

 

Sorry it could not be better news.

if this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,


Tom

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Thank you for the prompt answer,Tom.

 

You mentioned a discretionary application; would the fact that this person was HIV positive matter if they made such an application? They also have a british child. They are from S.A.

 

But like mentioned earlier, the previous visa was cancelled because they did not mention that they had a child(working-holidaymaker). so they went back to SA,got married to a british citizen,but both their initial application and appeal for spouse visa were turned down.

 

Then they came in illegally and have lived here for over two years.

It would not prejudice your application but given that South Africa is relatively well developed in terms of HIV treatment it would not be advantageous either.

 

You would need a solicitor either way. This would be a case where a discretionary application is a possible route, but you should also take your previous applications to them with all supporting documentation to ask if they consider it is worth attempting a further application for a spouses visa arguing Article 8 Rights in the same way you would in a discretionary application.

 

Thanks for your accept.

 

Tom

Ask Your Own UK Law Question
Customer reply replied 6 years ago
Oh,Thanks. sorry forgot to mention they are now divorced so can't go down the spouse visa route anymore. But from everything you have sent,it would probably be next to impossible for this person to get anything, even discretinary leave. mostly like you said because of earlier deception.

It depends on the nature of the deception. You need specific advice on that, this is not the forum for it.

 

It's possible though but you'll probably meet resistance from the UKBA and have to incur costs of appeal.


Tom

Ask Your Own UK Law Question
Customer reply replied 6 years ago
Alright.Thanks for your help.x

You're welcome.


Good luck,

 

Tom

Ask Your Own UK Law Question
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
7,631 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

7,631 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,597 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,663 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,192 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,697 satisfied customers
I have an executor for my late mother's will, however, he
I have an executor for my late mother's will, however, he refuses to do his job. What can I do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Is a pretrial services officer allowed to bring up and pass
Is a pretrial services officer allowed to bring up and pass along negative media that is not related to case (non-court or government publications) to work references while doing employment verificati… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
There are 3 joint executors Undier a Will, can one of them
There are 3 joint executors Undier a Will, can one of them act alone if the other two refused to act … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Prior to entering into a contract with a kitchen company, we
Prior to entering into a contract with a kitchen company, we were informed in writing that one of the products within our quote offered specific features. We then entered into the contract and have si… read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
Police have arrived at my door to inform me I have an
Hi, Police have arrived at my door to inform me I have an interview at the police station with Caution +3 due to an alleged indecent exposure accusation. The lady has reported that I have allegedly ex… read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
My question is my ex is applying to vary his maintenance
Hi. My question is my ex is applying to vary his maintenance payments to me due to personal circumstances. Of course I have spoken to family members about this as we are not in courts. He has a lawyer… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
I have just purchased a shop which is in a block of flats (4
Hi there, I have just purchased a shop which is in a block of flats (4 residential plus the shop) With the purchase I also took on the head lease for the building so believe I am now responsible for t… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,686 satisfied customers
I have just been asked to the police station under the
I have just been asked to the police station under the chargebof indecent exposure, I'm extrmely worried what this may lead to... … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,597 satisfied customers
I want to Marry a lady from Uganda. She has no funds of her
I want to Marry a lady from Uganda. She has no funds of her own and l am told it depends on what pension I get which is 18400pa. Is this enough… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
My question is I work 48hrs per week & was given 28 days
Good evening Pearl, My question is I work 48hrs per week & was given 28 days annual leave, they reduced my annual leave to 22 days without telling me, can they do this? … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x