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Deportation order lifted

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beauitful65
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Deportation order lifted

Post by beauitful65 » Mon Apr 05, 2010 1:59 pm

I dont know if i am in the right place to seek help or advice on immigration issues. I have a problem, Three years ago i met a gentelman in my area one thing lead to another we end up dating druing this time he told me he was an over stayer,i asked him to seek advice on ways of staying here,he was afriad thinking that he will get deported if he seek advice. I seek advice for him and i was told in order for him to stay i had to find a job so i can look after him while things was being sorted, we talked about getting married but first I had to put things in place. My partner was deported in 2008 before we can sort things out, I did not know what happend or where he was until i recieved a phone call from Jamaica two weeks later with him telling me he got deported, I asked him on what grounds he told me they told him he overstayed and was being deported because he broke the law of the UK. We chat every day since he got deported, I when over to Jamaica to get married October 2009 and now i am trying to get my husband home, I read a lot of things on the internet but did not understand some of it, I know i have to apply to lift the deportation order so that i can apply for a visa for him to join me.
I dont know where to start and time is passing really quickly I miss him every day. We did not get married just so he can stay that is not how we do things I did not recieve any money form anyone to marry I married because i love this man I need help and advice on getting him home with me. I am planning to go to Jamaica later in the year as this is the only way i can see him until this is sorted out. My husband has no crime conviction against his name either here in the UK or in Jamaica his only crime is over stay in the UK and falling for a UK national Please can anyone help or advice me on how to get my husband here with me. I have writtern a letter to the Home Office dont know if its the right thing but i have to do something. Bless

mochyn
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Post by mochyn » Mon Apr 05, 2010 6:48 pm

He needs to apply for a spousal visa from the nearest British embassy or consulate

beauitful65
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Post by beauitful65 » Tue Apr 06, 2010 7:09 pm

mochyn wrote:He needs to apply for a spousal visa from the nearest British embassy or consulate

I was told that we need to get the deportation order lifted before we can apply for a spouse visa, was I misinformed??

CheGuevara
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Yes

Post by CheGuevara » Tue Apr 06, 2010 7:15 pm

beauitful65 wrote:
mochyn wrote:He needs to apply for a spousal visa from the nearest British embassy or consulate

I was told that we need to get the deportation order lifted before we can apply for a spouse visa, was I misinformed??
Yes you need to write to the Home office for revocation of the deportation order before any application.

INSIDER
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Post by INSIDER » Tue Apr 06, 2010 8:30 pm

Was he deported or administratively removed?
There is a difference and depending on which
this would determine how you need to proceed.

So which was it.

HRY2005
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Re: Yes

Post by HRY2005 » Fri Apr 09, 2010 5:30 pm

CheGuevara wrote:
beauitful65 wrote:
mochyn wrote:He needs to apply for a spousal visa from the nearest British embassy or consulate

I was told that we need to get the deportation order lifted before we can apply for a spouse visa, was I misinformed??
Yes you need to write to the Home office for revocation of the deportation order before any application.
In my opinion and with authorities of para 320 (7B & 7C). http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

There's no deportation order to be revoked. Is it the one that's been carried out already by removing him back to Jamaica or what??? Your husband is applying outside the UK and there's no current deportation/removal order isued against him because he's already been deported.

I think Mochyn got it right, saying he should apply from the nearest british embassy or consulate but make sure all the rules are met. (note the effect of 320(11) as well)

Follow the link to Para 320 (7B) (v) which states

that unless the applicant was removed or deported more than 10 years ago and

7(C) which says 320(7B), shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,


On that note, your husband's deportation/removal is not a case against his eligibility to apply for a spouse visa. Deportation/removal order got nothing to do with it because he's not making an in-country application, its from Jamaica.

Lastly, this is all in our opinion, experience and personal knowledge. Get a very good immigration solicitor and discuss your case, you have a very good chance.

Good luck

HRY2005
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Post by HRY2005 » Fri Apr 09, 2010 6:16 pm

INSIDER wrote:Was he deported or administratively removed?
There is a difference and depending on which
this would determine how you need to proceed.

So which was it.
There's a difference in administartive removal and deportation in that people with deportation orders are not allowed to return to the UK for a number of years, (probably the 10 years ban) before the order can be revoked.

But based on the on the para 320 rules, I think deportation or removal order does not apply if the applicant is applying as a spouse. This link clearly explain the difference
http://www.publications.parliament.uk/p ... 415s02.htm

trower101
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Post by trower101 » Sat Apr 10, 2010 5:12 pm

Hi HRY2005...the link you've given to parliamentary proceedings..is this fairly recent stuff? Reading through it i've a feeling it may be somewhat historical, and pre-dating some of the more recent regulations that have been introduced relating to those who have been removed from UK being to obtain spousal visas.
But I may be wrong, if so please advise if the content reflects current rules, cheers

HRY2005
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Post by HRY2005 » Sat Apr 10, 2010 8:38 pm

trower101 wrote:Hi HRY2005...the link you've given to parliamentary proceedings..is this fairly recent stuff? Reading through it i've a feeling it may be somewhat historical, and pre-dating some of the more recent regulations that have been introduced relating to those who have been removed from UK being to obtain spousal visas.
But I may be wrong, if so please advise if the content reflects current rules, cheers
Hi,

My reason for using that link is because of the explanation of the differences in deportation and removal order and how it affects future intention to return to the UK.

I'm still of the opinion that deportation order is not to be revoked when applicant is applying for a spouse visa. I understand the minimum period that a deportee can apply for a revocation is 3 years, otherwise it stays on for 10 years and may be forever if the subject is a criminal or have a serious criminal record. The VFS GLOBAL (UKVISAS PARTNER) website also supported this claim and talked about exeptions in family or human right cases. http://www.vfs-uk-cn.com/notices.aspx

In this case, I believe the para 320(11) (contrived to frustrate the intention of the rules) may still be used but every application is considered on its own merit. I also looked at the marriage on reflection, I realised the marriage does not pre-dates the removal/deportation. It may be viewed as a marriage of convinience unless the applicant can prove its a genuine relationship.

Para 320 (7B & C) unambiguosly states that the 10 years ban (removal or deportation) shall not apply if the applicant is applying as a spouse and in this case a spouse of a BC.

Please, remember this is based on my opinion. Talking to a solicitor would help.

Cheers

eliasuk4u
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Post by eliasuk4u » Sat Apr 10, 2010 9:18 pm

beautiful65, sorry to hear about your story so far. My best advice to you is to apply for a spouse visa (entry clearance) from British High commission in Kingston, Jamaica. Make sure you send him all the important supporting documents which covers your financial situation, accomodation etc. there are plenty of posts here in this forum which cleary says what documents one need to submit to be sucessful. please refer to some of the sticky posts on this section of forum.

cjames
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Deportation

Post by cjames » Tue Apr 27, 2010 6:58 pm

Hi I just read your story, im sorry to hear what you going through. When i read your story i wondered if i had wrote it as it so so alike my own situation. LOL Email me and i can adv you what i have been adv so far and maybe you can give me sum adv. Take care hope to hear from you soon. rectoryl@yahoo.co.uk

beauitful65
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Re: Yes

Post by beauitful65 » Tue Apr 27, 2010 7:19 pm

CheGuevara wrote:
beauitful65 wrote:
mochyn wrote:He needs to apply for a spousal visa from the nearest British embassy or consulate

I was told that we need to get the deportation order lifted before we can apply for a spouse visa, was I misinformed??
Yes you need to write to the Home office for revocation of the deportation order before any application.
Hello All thank you for your advice about my situation, I am a little confuse about the information but i have understand it a little. My husband was told that he can apply to come back to the UK within the year, he was not told he would not be able to return in 10 years he was also given the telephone number of the immigration office if he needed any help. I married this man because I fell in love with him, I would not marry someone just so they can stay here what sore of life is that.

I have an appointment at the Refugee and Migrant Justice for advice. My husband is applying from Jamaica I would sent him all the papers he need to submit to help him, he has no criminal conviction in Jamaica or in the UK. Thank you all for the advice and if there is more to add feel free to add I will keep this forum up to date on what is going on. Thank you

beauitful65
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Post by beauitful65 » Tue Apr 27, 2010 7:32 pm

INSIDER wrote:Was he deported or administratively removed?
There is a difference and depending on which
this would determine how you need to proceed.

So which was it.
It was an administratively removeral

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