Immigrationboards.com

D4109125 wrote: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 wrote: I know a person who has been here for 40 Years, has four kids but he still got deported

Katie1 wrote: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?

D4109125 wrote: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.

D4109125 wrote:

D4109125 wrote: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 wrote: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?

D4109125 wrote: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?

D4109125 wrote: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 wrote:The title of the post is the question.

vinny wrote:

Katie1 wrote:The title of the post is the question.

sanjacs wrote: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!

huqqapani wrote: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 wrote: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_ wrote: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.