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Apply to revoke Deportation Order

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Frinky2
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Posts: 2
Joined: Sat Feb 18, 2017 7:42 pm

Spouse visa - bad immigration history

Post by Frinky2 » Sat Feb 18, 2017 7:59 pm

Hi all,
Looking for some advice.
My Husbands Is a Jamaican national who came to the UK in 2001, he was granted 1 month entry, then overstayed. He was arrested and imprisoned for 3.5 years for drugs related charges and deported in 2003.
I met him in 2001 and we continued our relationship after he went home. We married in 2008. We have waited to apply for his spouse visa as I was under what i now have found to be incorrect impression that he had to wait the 10 years from deportation or would be automatically refused. I know understand that as it is a spouse visa that would not have been the case.
We then faced some further delayed for me to acquire a property and I had some Ill health.
We want to appl for his visa but I am so worried that with his history they will auto refuse under 320 para 11?

I forgot to add when he was arrested he also gave an friends name and only after a few months did they locate his true identity.

He was beyond stupid, Ill advised and is remorseful, he has gone home and worked (altough not wonderfully paid) and not entered into any criminal behaviour or been arrested in JA.

I'm worried that the amount of time living apart will go against us as they may feel we can carry on like this however I previously had cancer and have reduced fertility because of this, we would love to start a family and the most viable option is to do that in the UK. We don't have long as I am 35.

Anyone any advice. I am looking to speak to a solicitor this week as feel this may be the only option but am wary of charletons who will take the money even if there is a low chance of him obtaining the visa.

I should also add, I meet the financial requirements, have visited there a few times, have evidence of our relationship and have a property.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa - bad immigration history

Post by Obie » Sat Feb 18, 2017 8:04 pm

You first need to apply for the deportation to be revoked, and after that, he can apply for entry clearance.
Smooth seas do not make skilful sailors

Frinky2
Newly Registered
Posts: 2
Joined: Sat Feb 18, 2017 7:42 pm

Re: Spouse visa - bad immigration history

Post by Frinky2 » Sat Feb 18, 2017 8:09 pm

Obie wrote:You first need to apply for the deportation to be revoked, and after that, he can apply for entry clearance.
Hi Obie,

Thanks for the response, I attempted to do that in country, last year and I never received any response from H/O. From reading into it maybe I'm understanding it wrong as he was sentenced to less than 4 years and 10 years is passed it is no longer enforced? I figured that is why they didn't respond as it didn't need revoking?

Cushtie27
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Posts: 2
Joined: Tue Feb 21, 2017 2:46 pm

Apply to revoke Deportation Order

Post by Cushtie27 » Tue Feb 21, 2017 2:55 pm

I have posted previously under a diff username (I can't get back into the account for some reason)
I am desperate for any advice/help as I am beginning to think there is no hope that we can be together.

My husband was deported from the UK to Jamaica in 2003. Drugs related offence. 3.5 year sentence. The general consensus is we will have to apply to have the deportation order revoked before he can apply for a spouse visa. I sent a letter on his behalf to the Home office and received no response this was in 2015.
Ive spoken to a free advice service and a solicitor who made it sound as if there is a very low chance of the H/O revoking a DO. Which if thats the case fair enough, i prefer to know the truth.

We have no children which seems to be a greta weight in getting a Do revoked, I have fertility issues and have had cancer the only thing going in my favour I guess is the NHS are willing to write a letter supporting the fact that because of my issues the only chance of us having a family is to be in the same country, I am 35 so we do not have loads of time, and even though I work I do not have endless amounts of money to pay for solicitors but will do what I have to source the money if required.

Is moving to the EU a viable option for us? I'm aware Brexit is coming but not sure what that means for this option?

Any help/advice is greatly appreciated. Thanks.

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CR001
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South Africa

Re: Apply to revoke Deportation Order

Post by CR001 » Tue Feb 21, 2017 3:11 pm

What was your previous username?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Cushtie27
Newly Registered
Posts: 2
Joined: Tue Feb 21, 2017 2:46 pm

Re: Apply to revoke Deportation Order

Post by Cushtie27 » Tue Feb 21, 2017 3:19 pm

Frinky2 was the precious username. This is the link to my previous thread.
http://www.immigrationboards.com/immigr ... 25685.html

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