What to do after a deportation from UK

[Flower93]

Hi,

Yesterday my boyfriend was deported from the Uk back to Nigeria. He was deported the same day he went to the immigration centre and got the solicitude rejected. Before all of that, he applied for the citizen, got rejected. Then he went to court, where was rejected again. The last step was apply for another that was rejected. My question is, he got rejected yesterday at 10.30 in the morning and they gave him the flight for the same night at 22.30 without letting him do a voluntary leave or see his family. He bornt here in the uk, has his siblings here and he doesnt have any criminal records. He came to the UK (10 years ago in September) legally. So I want to make sure the procedure they've done was correct and also what I can do from London to help him back. He is in Nigeria with his guardians (parents) but he doesnt have a safe future there.


Thank you

[Casa]

Before all of that, he applied for the citizen, got rejected.

What do you mean by 'applied for the citizen'

[Flower93]

Before all of that, he applied for the citizen, got rejected.

What do you mean by 'applied for the citizen'

Sorry I meant he applied to obtain the british citizenship.

[vinny]

Did he live continously in the UK for the first 10 years from birth?

[Flower93]

Did he live continously in the UK for the first 10 years?

No, he was going to make the 10 years this September. For the citizenship they ask you 5 years.

[vinny]

Sorry. I meant from birth. If he was born in the UK, then did he live the first 10 years in the UK?

[Flower93]

Sorry. I meant from birth. If he was born in the UK, then did he live the first 10 years in the UK?

Oh, no. He bornt in the UK, but his mum's visa was expiring soon... So she took him back to Nigeria thinking she could do his nationality at any time. He came back when he was 7. Then back to Nigeria and came when he was 17 again to UK.

[vinny]

Unfortunately, there are no special nationality rights to people born in the UK from 1981 with non settled, non British parents.

On what basis did he enter the UK when he was 17?

[Flower93]

Unfortunately, there are no special nationality rights to people born in the UK from 1981 with non settled, non British parents.

On what basis did he enter the UK when he was 17?

He came for study. He had to leave the studies as he got sick, but then the University said it wasn't enough evidence to not go to the exams.

[Obie]

Unfortunately, there are no special nationality rights to people born in the UK from 1981 with non settled, non British parents.

On what basis did he enter the UK when he was 17?

Just a minor correction, people born in the UK from 01-January 1983. But yes i am in agreement with your advise. It all depends on when OP's partner was born.

I find some aspect of the case is hard to make sense of.

[vinny]

Thanks, Obie.

[vinny]

I suspect that he had overstayed, etc., and was subject to removal.

[Flower93]

I suspect that he had overstayed, etc., and was subject to removal.

He haven't overstayed. When his visa was expiring he did all the procedures for get the citizenship and then he went to court. He tried to appeal again and when it was rejected again it's when they deported him.

[CR001]

When did his visa expire?

If he didn't attend his study, the university or college would have told HO and his visa will have been curtailed or cancelled.

[vinny]

On what basis did they remove/deport him?

Did he break any conditions of his leave?
Did they curtail his leave?

[Flower93]

When did his visa expire?

If he didn't attend his study, the university or college would have told HO and his visa will have been curtailed or cancelled.

When this happened he got caught from immigration and he had to explain what happened and show the documents again. And they allowed him to stay, at this point I dont really know what happened. I have to ask him.

[Flower93]

On what basis did they remove/deport him?

Did he break any conditions of his leave?
Did they curtail his leave?

No, he didn't. At the moment he got the citizienship refused he got a lawyer and he was the one telling what steps he must do.

[CR001]

When did his visa expire?

If he didn't attend his study, the university or college would have told HO and his visa will have been curtailed or cancelled.

When this happened he got caught from immigration and he had to explain what happened and show the documents again. And they allowed him to stay, at this point I dont really know what happened. I have to ask him.

If his visa expired, he was an overstayer.

[physicskate]

He haven't overstayed. When his visa was expiring he did all the procedures for get the citizenship and then he went to court. He tried to appeal again and when it was rejected again it's when they deported him.

In order to apply (and have any chance of a successful application) for citizenship he had to hold Indefinite Leave to Remain. When was he granted this and on what basis?

If the lawyer didn't tell him this, he really should report the lawyer. Might it be quicker for your boyfriend to register to this site and ask these questions as he is appraised of all of the facts.

[CR001]

He haven't overstayed. When his visa was expiring he did all the procedures for get the citizenship and then he went to court. He tried to appeal again and when it was rejected again it's when they deported him.

In order to apply (and have any chance of a successful application) for citizenship he had to hold Indefinite Leave to Remain. When was he granted this and on what basis?

If the lawyer didn't tell him this, he really should report the lawyer. Might it be quicker for your boyfriend to register to this site and ask these questions as he is appraised of all of the facts.

Not for a Form T application, based on born in the UK and 10 years residence and very limited absence since birth.

[physicskate]

He haven't overstayed. When his visa was expiring he did all the procedures for get the citizenship and then he went to court. He tried to appeal again and when it was rejected again it's when they deported him.

In order to apply (and have any chance of a successful application) for citizenship he had to hold Indefinite Leave to Remain. When was he granted this and on what basis?

If the lawyer didn't tell him this, he really should report the lawyer. Might it be quicker for your boyfriend to register to this site and ask these questions as he is appraised of all of the facts.

Not for a Form T application, based on born in the UK and 10 years residence and very limited absence since birth.

But it sounds like he was not away from the UK for a limited absence, but quite a considerable absence of 10 years (though, granted these were in his minority).

I do wonder the timeline on the boyfriend's most recent stay and his immigration status throughout - we have yet to see this.

[CR001]

But it sounds like he was not away from the UK for a limited absence, but quite a considerable absence of 10 years (though, granted these were in his minority).

I do wonder the timeline on the boyfriend's most recent stay and his immigration status throughout - we have yet to see this.

Yes away for 10 years it seems so won't qualify for Form T. According to the OP his student visa expired.

This is a classic example why the person with the immigration problem should post themselves rather than a third party, who might have good intentions but might not have the whole truth or story.

[Flower93]

But it sounds like he was not away from the UK for a limited absence, but quite a considerable absence of 10 years (though, granted these were in his minority).

I do wonder the timeline on the boyfriend's most recent stay and his immigration status throughout - we have yet to see this.

Yes away for 10 years it seems so won't qualify for Form T. According to the OP his student visa expired.

This is a classic example why the person with the immigration problem should post themselves rather than a third party, who might have good intentions but might not have the whole truth or story.

Hi there,

Thanks for all your answers. I have more info. He has been deported because when they withdrew his visa (after he left the studies), he hired a lawyer to help him. He helped him wrtitting a letter to the Home Office to extend the time for him to return to his country so he can apply for another University. The lawyer told him to apply for an indefinite leave, he was detained for 2 months. Then he applied of Human rights as he has his sister and his own home there to show his depenence on the country. This got refused in the court. And after that, his application that the lawyer used was saying that I am her civil partnership here, which got refused aswell and he was removed.

The thing is, he didn't plan to overstay in the country and he sent the letter to the Home Office thinking he could wait in the country for the answer. And it took so long.

They did a removal and ban him for 5 years.


Thank you all again for the answers.

[physicskate]

So essentially, he used an erroneous and false application to buy more time. But in the time this bought him in the UK, he didn't look for a new university nor vary his application to a Tier 4.

It is not possible to write to the HO and ask for just a few more months to lodge an application. An application has to be lodged before the expiry of a visa - it's the price we pay as immigrants to have our affairs in order.

You said you applied as civil partners? Are you civil partners? Are you unmarried partners? Did you live together in a relationship 'akin to marriage' for a full 24 months before you varied/ submitted that application.

It sounds like he went through the full application and appeal process. There are still so many details we don't have. At present, it seems he will need to ride out the ban and then qualify for a new visa if he is to return to the UK. If you marry/ apply for a fiance visa, I am not entirely sure if a ban of 5 years is overlooked or not.