Would my abusive ex get deported?

[Katie1]

I have two kids by my ex, one is three, the second one is 5 months. The kids dad is an immigrant..before I get rude comments, I didn't know he was an immigrant till my son was around two.. but he was a loving dad and loving to me, so I didn't care and plus he was sorting out his immigration issues and it wasn't his fault.

My children's dad was born in Trinidad, but came to the UK with his parents when he was 12. However, his parents didn't sort out his immigration and he is classed as an over-stayer and has been in the UK for 10-11 years.

The problems began when my son was 1 and half, he became very abusive all of a sudden.. from emotional- to physical abuse. The abuse was on and off, we would have a really great 6 months.. but in the last month he would suddenly explode and hit out. I moved out and lived with my mum, then after his crap excuses, I went back with and stupidly became pregnant again.. but I don't regret my daughter at all. After my daughter was born, he became abusive again.. this time recently I have left him for good and back at home with my family.

I have called the police many times with his dad, but was scared to charge, social services knows about us as well. 4 months ago.. my daughter would of just been a month. My children's dad is at an immigration detention centre for forgetting to sign on, and I have just found out now that my children's dad has just WON his first- tribunal case, he has been dismissed under Immigration rules but is allowed under human rights article 8. Though home office needs to get back to him within 5days if they want to go against the first tribunals verdict. I felt like crying when I heard this, I was looking forward to him getting deported and moving on with my life and now I can't.

-My children's dad committed a drug offence, he was selling class A drugs and got 8 months in prison , but the tribunal judge said he committed this crime when he was young.. it was only three years ago.

- They know about the abusive behaviour he had towards me.. I have reported to the police on 7 occasions (they didn't do anything).. the last incident happened on December, and he did bodily harm.. by kicking me several times in the face- again the tribunal court said that the children's dad was stress because he was homeless and he was young when he committed this this happened in December.... so he was not young.

- Dad was cautioned by police because he was smoking weed
- Cautioned again by police of sexual harassment, that was 2 years ago
- Cautioned again by police in January cause a friend of his accused him of threatening him.

- The only thing for him is his kids, he is a good dad when he wants to be and has left several times, immigration are aware of this.
- He has been attending his supervised visits all the time, and the supervised visit team have wrote a letter to immigration about his superb attendance and how he is great to his kids.. even the fact that my son has a disability ( he doesn't or we are not sure as they changed my sons diagnosis to inconclusive) but the still thought to put this in.
-I did write a supporting letter about his visits with the kids, which he tricked me into and gave in evidence of my sons medical needs
- The dad lied to the immigration tribunal that he was there when they medical team were accessing my son if he had any health problems.. which he did not!
- None of his family members and myself did not go tot he tribunal and the dad lied and told them that we were away.

I'm sick of this, how can these supposed "experts" be so stupid. They are also saying that he is unlikely to reoffend. OF COURSE HE WOULD REOFFEND AND IT WOULD BE MY LIFE THIS TIME.

The dad was telling me last week that if he gets out that he would file for full support for my kids.

What I want to know is.. do you think the home office would appeal against the first- tribunals decision, are they likely too? is it there job?. Also, what is meant by "appeal dismissed under immigration rules but allowed under human rights"

Thanks
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[Amber]

Given his age and that he's spent half his life in the UK his stay will fall under the family provisions (human rights) moreover, he's got a child here, thus the judge's decision seems sounds. The leave will be for 2.5 years and settlement would be after 10 years providing the leave is extended each time.

His criminality may catch up with him one day if his conduct continues to be persistent.

[Katie1]

Given his age and that he's spent half his life in the UK his stay will fall under the family provisions (human rights) moreover, he's got a child here, thus the judge's decision seems sounds. The leave will be for 2.5 years and settlement would be after 10 years providing the leave is extended each time.

His criminality may catch up with him one day if his conduct continues to be persistent.

Thanks for your reply. But doesn't the public interest outweigh the human rights? he has been continuously reoffending, doesn't that tell them something? So you don't think HO would appeal against this? Even though he has spent half his life here, I know a person who has been here for 40 Years, has four kids but he still got deported

[Tier 4]

I know a person who has been here for 40 Years, has four kids but he still got deported

I don't think there is any reality in this claim as on 20 years legal / illegal stay a person can apply long residence ILR which used to be just 14 years.

Nevertheless Britain has a long tradition to provide sanctuary to world class terrorists and law breakers around the world. There are lots of human right lovers in HO / UKBA or in courts who know which rule to fit in.

[Amber]

My ex first-tribunal decision was " APPEAL IS DISMISSED UNDER THE IMMIGRATION RULES" and "APPEAL IS ALLOWED UNDER THE 1950 CONVENTION"

Does this mean he gets indefinite leave to remain?

[Amber]

Given his age and that he's spent half his life in the UK his stay will fall under the family provisions (human rights) moreover, he's got a child here, thus the judge's decision seems sounds. The leave will be for 2.5 years and settlement would be after 10 years providing the leave is extended each time.

His criminality may catch up with him one day if his conduct continues to be persistent.

[Katie1]

Given his age and that he's spent half his life in the UK his stay will fall under the family provisions (human rights) moreover, he's got a child here, thus the judge's decision seems sounds. The leave will be for 2.5 years and settlement would be after 10 years providing the leave is extended each time.

His criminality may catch up with him one day if his conduct continues to be persistent.

Thanks!!! I didn't know if 1950 convention meant human rights, but you have answered my question. Thanks very much

[Amber]

My children's dad was born in Trinidad, but came to the UK with his parents when he was 12. However, his parents didn't sort out his immigration and he is classed as an over-stayer and has been in the UK for 10-11 years.

The dad is at an immigration centre for not signing on. However, he won his appeal under the human rights at the first -tribunal, but was dismissed under the immigration law

-My children's dad committed a drug offence, he was selling class A drugs and got 8 months in prison , but the tribunal judge said he committed this crime when he was young.. it was only three years ago.

- They know about the abusive behaviour he had towards me.. I have reported to the police on 7 occasions .. the last incident happened on December, and he did bodily harm.. by kicking me several times in the face- again the tribunal court said that the children's dad was stress because he was homeless and he was young when he committed this this happened in December.... so he was not young.

- Dad was cautioned by police because he was smoking weed

- Cautioned again by police of sexual harassment, that was 2 years ago

- Cautioned again by police in January cause a friend of his accused him of threatening him.

- The only thing for him is his kids, he is a good dad when he wants to be and has left several times, immigration are aware of this.

- He has been attending his supervised visits all the time, and the supervised visit team have wrote a letter to immigration about his superb attendance and how he is great to his kids.. even the fact that my son has a disability ( he doesn't or we are not sure as they changed my sons diagnosis to inconclusive) but the still thought to put this in.

-I did write a supporting letter about his visits with the kids

- The dad lied to the immigration tribunal that he was there when they medical team were accessing my son if he had any health problems.. which he did not

- None of his family members and myself did not go tot he tribunal and the dad lied and told them that we were away.

- He lied that he hasn't had contact with his family in Trinidad for 13 years.. which he does have contact but first tribunal judge believed that he hasn't had contact from family back home

- Also, there is no proof that I am a British citizen, but first- tribunal said that this doesn't matter... I do have a British passport but wasn't happy to give a copy to HO

However, Immigration are appealing to the Upper tribunal, why is this? Everyone I spoke to about the dad's case reckoned his case was strong.. Upper tribunal may decide that this case is not really worth dealing with and would reject HOs claim.

But what I want to know is why is HO appealing on behalf of my ex's case?

[Amber]

They're not appealing on behalf of him, they're appealing because they think the decision is wrong.

I'm at a loss why you supported his application if you suffered domestic abuse, he 'battered' you on numerous occasions, committed sexual harrassment, are you sure the child is safe near him?

[Katie1]

They're not appealing on behalf of him, they're appealing because they think the decision is wrong.

I'm at a loss why you supported his application if you suffered domestic abuse, he 'battered' you on numerous occasions, committed sexual harrassment, are you sure the child is safe near him?

Hi

Well he kind of tricked me into writing a support letter, he told me that it for the social worker to see how he was doing with the supervised visits with the kids. He then admitted to me that it was actually for he's immigration issue. I didn't attend the first- tribunal because of this, his even persuading me to give a copy of my passport to HO.

What happens now? Should I go to the upper tribunal and go against what he has said?

[Katie1]

They're not appealing on behalf of him, they're appealing because they think the decision is wrong.

I'm at a loss why you supported his application if you suffered domestic abuse, he 'battered' you on numerous occasions, committed sexual harrassment, are you sure the child is safe near him?

Also can HO gather new information? or obtain medial records without my permission? for the tribunal?

Thanks

[vinny]

The title of the post is the question.

[Katie1]

The title of the post is the question.

Do you know the answer?

Thanks

[vinny]

See also Medical Reports - Dealing with Requests.

[Amber]

Only if you consented or they get a court order or if it's deemed in the public's interest.

[sanjacs]

Sorry, but you sound a bit confused....

You were aware of his drug issues, but you stuck with him and had two kids... he has a right to be in his kids' lives and there's absolutely nothing you can do about it. Why did he trick you into supporting his appeal?? Common, you're smarter than you're making us believe... You have mixed emotions and you need to get that sorted.

He'll remain in this country.... the appeal may delay, but he's going no where. You need to be amicable and allow him have supervised access to see his kids, and the move on with your life.

I don't know why pple suddenly think a person should be deported because they don't want to see their face anymore!

[Katie1]

Sorry, but you sound a bit confused....

You were aware of his drug issues, but you stuck with him and had two kids... he has a right to be in his kids' lives and there's absolutely nothing you can do about it. Why did he trick you into supporting his appeal?? Common, you're smarter than you're making us believe... You have mixed emotions and you need to get that sorted.

He'll remain in this country.... the appeal may delay, but he's going no where. You need to be amicable and allow him have supervised access to see his kids, and the move on with your life.

I don't know why pple suddenly think a person should be deported because they don't want to see their face anymore!

Sanajacs- you know nothing about my life so don't you dare judge, the dad does have supervised visits!! but on numerous occasions has broken the supervised rules, not turning up, taking the kids out without my permission to the point I couldn't even find them. He did "change" and was great with them over the last few weeks when he was out.

I didn't come on the forum to discuss my why I didn't do this or not, I have my own reasons on why I think he should not stay. I do not believe he is here for his kids at all and plus he told numerous lies to the judge.

Unless you have been in my situation don't you dare come on my forum and judge me.

[huqqapani]

Katie1,

I sympathize with your situation but as people have said, and i have seen similar cases within my extended family and friends circles that if you have kids who were born in UK to a british citizen parent, the immigrant parent eventually will get the right to stay in UK, the worst you can do is delay this decision.
The question you got to ask yourself is whether is it worth your energy and effort in trying to get him deported which is very unlikely (based on results on similar cases) due to human rights arguments.
The amicable way forward (in your and kids best interest) would be to accept the facts and move on with your life.
Again, deepest sympathies with your situation and best of luck.

[Katie1]

Katie1,

I sympathize with your situation but as people have said, and i have seen similar cases within my extended family and friends circles that if you have kids who were born in UK to a british citizen parent, the immigrant parent eventually will get the right to stay in UK, the worst you can do is delay this decision.
The question you got to ask yourself is whether is it worth your energy and effort in trying to get him deported which is very unlikely (based on results on similar cases) due to human rights arguments.
The amicable way forward (in your and kids best interest) would be to accept the facts and move on with your life.
Again, deepest sympathies with your situation and best of luck.

Hi

Thanks for understanding. Yeah I figured that he will get to stay on the UK and all I can do is move on. Thanks for your sympathy and not judging me.

[Amber]

using his kids to gain immigration status ( the title of my post was too long)

I have posted on here before. So you can look at my previous posts.

Since then, my ex has had the right to stay in the UK on a limited leave biometric card and can apply for settlement after 10 years.

I am a bit upset that he lied to immigration judge that he has been there for his two kids and only got stay because of human rights ground. Since he has was released, he told me that he never wants to see his kids again and that he felt so happy that the immigration judge believed his lies.

He came to my house once, making commotion because I "upset him", because I told him that he shouldn't be using his kids. Anyway, this resulted in him banging on my front door as I refused to let him in...simply to avoid another incident of domestic violence. The police was called and they took him away and of course he told the police them that the reason why he was causing a commotion was because I refused to let him see the kids..obviously a lie.

It has been 3 months and he has't seen his kids..he has been given a choice to have supervised access but made it clear that he does not want anything to do with his kids.

I understand that he does have status in the UK and nothing will change that. But in the future, Incase he needs to make a new claim of settlement, benefits or whatever, I do not want him to se his kids again to gain something. How can I stop this? the dad is on the birth certificate and the children have his surnames.

Thanks.

[Amber]

Based on what you say he sounds like a leech. However, your view is tainted. In light of what's happening I suggest you keep a diary which you can send to the UKVI in 2 years time. You can also try and get a non-molestation order if you wish.

[Katie1]

Based on what you say he sounds like a leech. However, your view is tainted. In light of what's happening I suggest you keep a diary which you can send to the UKVI in 2 years time. You can also try and get a non-molestation order if you wish.

Hi Amber

Thanks for replying.

After two years, would HO write to me to give them information about the relationship between him and his dad?

[Amber]

I'm not sure, they may just take the applicant's word. You could of course send your evidence on your own accord.

[Katie1]

Hi Everyone

Well everyone was right, he did get a settlement, but can only get a passport after a couple of years. Since now his got his status and does not want anything to do with his kids now (I knew it). In the future how can I make sure that the dad does not use his kids again to extend stay i.e. him using documents, writing false letters on my behalf, claiming he still sees his kids, passports and the list goes on.

[Katie1]

Anyone????