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Deported parents without access to their children

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henroski
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Posts: 1
Joined: Thu Aug 08, 2013 9:54 pm

Deported parents without access to their children

Post by henroski » Thu Aug 08, 2013 10:07 pm

I was deported in 2010 for working illegally though sentenced to 6months imprisonment and the judge recommeded me for deportation

Till now UKBA has not been able to deport my wife and children and they are now 7years in UK as they promised to removed them to Nigeria. My wife has remarried in UK and she is denying me access to our children they are both 3years and 7years respectively

Please can someone advice me if I can apply for revocation of deportation order base on rule 399 of the immigration rule since my child is now 7years in UK and I have not committed violent offense and I have not been sentenced to up 12 months imprisonment

Please advice is needed as I cant wait to hear from my children again or see them and UKBA has failed to redeem their pleadge to deport my wife n my children since 2010

Amber
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Post by Amber » Thu Aug 08, 2013 10:24 pm

The Mother and child may now be able to apply under the 7 year concession rule. Or the Mother may have regularised her stay whilst you were in prison?

Moreover, for 399 to be in play, you'd need to have a genuine and subsisting parental relationship with the child and no other family member is able to care for the a child in the UK, neither of which appear satisfied, do they? You'll be under 398(c) I imagine as your imprisonment wasn't long enough for 398(b).
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