Timeline as follows:
-Partner (Jamaican citizen) enters UK January 2003.
-Marries EEA spouse December 2004.
-Granted 5 year visa March 2007.
-Divorced February 2012.
-Visa ends March 2012 applied ilr 2012 - Rejected due something to the effect of could not demonstrate spouse was exercising her treaty rights (conflict between the ex spouse so she did not agree to provide sufficient wage slips).
-Appealed and attended court around June 2012 but decision was upheld.
-Overstayer (has a baby with new girlfriend August 2012), detained and released in approx spring 2013 and advised to make new application, submitted June 2013.
-rejected approx Aug 2013, leaves voluntarily through govt assistance Sept 2013
I am a British citizen and am pregnant with our 2nd child he applied for a 6 month visitor visa to be here for the birth, I plan on migrating and going back to Jamaica to live which is what we stated in the application but it was rejected due to his previous overstay. So I am wondering if he is subject to a two year or 5 year ban? I was under the impression he was on a two year ban because he left within 90 days of being served a removal notice, but am I wrong? Please advise. I am too far in pregnancy to travel now and I really need him here as I do not have much other local support.
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