Family Members of an Individual Facing Deportation

[JJB123]

Could you please clarify this below content from this website:

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Although the family members of an immigrant facing deportation are also liable to be deported they may avoid deportation in certain circumstances. The spouse or civil partner of an individual facing deportation may not be deported if they have either qualified to live in the UK themselves – and not just as a family member of the immigrant to be deported or if they live apart from them.

The children of a foreign national facing deportation may avoid being deported if they live with one of their parents separately from the individual to be deported, if they live alone and support themselves, or if they got married or entered into a civil partnership before the question of deportation arose.

Where it says, they live apart or separately-Does it mean they have to be legally divorced or can they still live separate when divorce is going through or how long they should be living separately before HO can see yes they dont live together deportation of family/children can be stopped. Kindly suggest!!!

[CR001]

It means what it says, 'live separately' either through separation or divorce.

What is the point or reason for the question?

[JJB123]

Thanks, my cousin is planning to apply for BC for her daughters. Her husband who does not live with her anymore- moved out couple of months ago. She is going through divorce procedure, but her husband came on deception in 1998, she is worried as she was his spouse that time. Is 2 months living separately wont deport her and daughters if they apply for BC. All family members are on ILR. Kindly advise.

[CR001]

but her husband came on deception in 1998

What do you mean by this? Was your cousin aware of this (whatever it is)?

What is your cousins full immigration history?

Why is there concern about deportation? Has something happened?

What is husband's immigration status?

[JJB123]

What do you mean by this? Was your cousin aware of this (whatever it is)?
She is worried so much due to media reports now-a-days, she was not aware of this at all when she came first time with him.
What is your cousins full immigration history?
very clean, Dependent and now ILR
Why is there concern about deportation? Has something happened?
Nothing happened, just worried
What is husband's immigration status?
On ILR.

It happened 18 years ago, she was thinking go for 20 years rule. Is it safe for her, just incase case worker may investigate father's history.

[CR001]

What was the original visa etc they came on and what is the deception?

When did she get ILR?

It happened 18 years ago, she was thinking go for 20 years rule. Is it safe for her, just incase case worker may investigate father's history.

She has ILR. There is no 20 year rule. The 20 years means getting a FLR(FP) visa for 10 YEARS before being able to apply for ILR, total 30 years in the UK. This route is for people who have not had a visa for all or part of the 20 years.

[JJB123]

What was the original visa etc they came on and what is the deception?
Student dependent- husband changed the university without telling the HO- she thinks it is a deception.
When did she get ILR?
2010

[CR001]

The rules were different back then so it might have been ok.

I don't think it will be a problem for her and not sure why she is stressing so much about this now when she has done nothing wrong.

[JJB123]

Thank you, I did try to calm her down. She reads Dailymail everyday and suffers with anxiety problems. Thanks again for the advise.

[CR001]

Don't read the Daily Mail then, everything they write is either exaggerated or incorrect or doesn't have the full facts. It is a 'sensationalist' publication.

I have commented on a number of articles about immigration issues that have incorrect 'facts'.

Tell her to find something else to read or buy her a Kindle with a £20 gift card to spend on books.