Overstayer who was deported

Losetheloser · Post by **Losetheloser** » Wed Sep 19, 2007 11:39 am

Let me start from the beginning...

I filled in a unmarried Partner Visa form for my partner in June 2006 who I had been living with for almost two years(20 months), this was declined etc as was the appeal although we provided all the relevant information.

In Feb his reconsideration was refused and he decided to stay as an overstayer until he had enough funds to leave. In August this year Immigration came looking for him and he voluntarily went to see them, needless to say that he was detained. At this point I found out that he was also with another woman and she was almost 8 months pregnant. He applied whilst detained to stay here for the birth of his child, which was refused and he was deported.

Obvious to say since then he is my ex.

What I wanted to know was, would I get into trouble for going through the visa application before I found out what kind of person he was..? Also, since he has been deported, is he eligible to come back..?

I will not help him to come back, I want nothing to do with him and worry that he may come back to make my life miserable as he has threatened to.

Please advise.

Docterror · Post by **Docterror** » Wed Sep 19, 2007 11:55 am

Why should you be in trouble for his infidelity which you were not aware of? If asked you should tell the truth and as long as it was not a fake application in which you were in cahoots with him to keep him here, you are innocent until proven guilty.

Whether he can come back or not depends on what application he makes and how strong the application is. There is nothing you can do about it. If he has threatened you, lodge the matter with the police.

Losetheloser · Post by **Losetheloser** » Wed Sep 19, 2007 11:57 am

I was not aware of what he was doing and the application we filled in was genuine as far as I was concerned.

Losetheloser · Post by **Losetheloser** » Wed Sep 19, 2007 12:00 pm

I am aware that he will either marry this woman and try and come back as her spouse or on the grounds they have a child together if there is such a form. He has no other grounds as far as I am aware.

If he does come back as a spouse with someone else, can you advise how long that takes if all goes well..?

I am asking so I can be aware of what he is doing and how long it will take in order to protect myself and obtain a restraining order if need be. Thank you.

SYH · Post by **SYH** » Wed Sep 19, 2007 12:03 pm

Losetheloser wrote:I am aware that he will either marry this woman and try and come back as her spouse or on the grounds they have a child together if there is such a form. He has no other grounds as far as I am aware.

If he does come back as a spouse with someone else, can you advise how long that takes if all goes well..?

I am asking so I can be aware of what he is doing and how long it will take in order to protect myself and obtain a restraining order if need be. Thank you.

Just get the restraining order, you don't have to time it for his arrival

Docterror · Post by **Docterror** » Wed Sep 19, 2007 12:04 pm

Even if all goes well, every embassy has differnet processing times for different times of the year. So, there is no exact figure. If you want to be safe, act NOW!

Losetheloser · Post by **Losetheloser** » Wed Sep 19, 2007 12:10 pm

Thank you. I will get the process started today.

Post by **Administrator** » Wed Sep 19, 2007 12:24 pm

.

Get his threats reported and documented.

Get the restraining order.

Once all that is in place, you can provide copies to immigration.

Do you have a legitimate fear for your life or your safety?

If yes, make sure that you get that recorded in exact detail with the police.

Make sure that information is provided to immigration.

Immigration may not be able to keep him out, but if they let him in and there are problems later

1) it may be much easier for him to lose his visa and be deported again on a much more permanent basis and

2) if (God forbid) anything bad happens to you or friends or relatives, you will have a basis to take immigration to court for all due compensation.

You might want to ask that exact question 2) of immigration when you contact them to clarify your rights. Just asking that question could tip the scales if they are in delicate balance.

the Admin

Losetheloser · Post by **Losetheloser** » Wed Sep 19, 2007 12:33 pm

I dont actually have any prrof as he will call me up from his home country and say he will send people over to my house. There is no record of a telephone number as it is not shown and my phone does not have recording facility.

I dont want to inform the immigration department everything in case he finds out and harasses me further. All the harassment started after I refused to go to Antigua to marry him to bring him back. Had I known he was only interested in a visa, I wouldnt have put the application in for him to remain as my unmarried partner.

I will contact the immigration and see what they advise.

Docterror · Post by **Docterror** » Wed Sep 19, 2007 1:13 pm

I will contact the immigration and see what they advise.

Great idea. That way you know exactly what NOT to do and act accordingly.

But even if you do inform HO about this, he would not be able to find out as you should be protected by confidentiality agreement...I think!

Take the Admin's idea on this one.

VictoriaS · Post by **VictoriaS** » Wed Sep 19, 2007 5:07 pm

Was he deported or removed? Big difference.

Victoria

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Overstayer who was deported

Overstayer who was deported