deportation order

[TT26]

Code: Select all

I was born in Zimbabwe. I came to the UK on and off as a child and eventually was granted ILR in 2005. I have no family in Zimbabwe anymore, I was raised by my extended family who all reside in the UK and have done since I was very young. I was convicted in 2016 for possession of CLASS A drugs and served 1 year in prison of a 2 year sentence. I was released on license in March 2017 which ends April 2018. However, I have been served a deportation order to which I have appealed twice. I still haven't had a response to the last one. Obviously I do not want to be deported as I have nothing to go back to in Africa. I don't have children in the UK and I no longer reside with the family who raised me. I am not allowed to work or claim benefits and my circumstances have been up in he air since leaving prison. I am hoping for some advice. Thank you.

[TT26]

On 16th November 2017 permission to appeal was refused by a first tier tribunal judge. I could have appealed this decision but I didn't.

Reasons for their decision were that

The appellant seeks permission to appeal out of time And no arguable error of law is shown but it would be unjust not to extend time, time is extended

What do I do next? Baring in mind I'm now months over the time limit

[TT26]

Hello, I have a deportation order following a prison sentence. I appealed this to the tier 1 tribunal and it was refused. I then applied for permission to appeal to the upper tribunal but this was also refused. However, my solicitor said I had grounds to appeal because it wasn't handled correctly by tier 1. I didn't pursue this as I was so depressed and sure it wouldn't get me anywhere.
I am now in a serious relationship and my partner wants me to move in, I want to go back to how my life was before I was sentenced. I had ILR since 2005. I am a Zimbabwean national and have no family left in my home country. My mother died and my dad is now naturalised in the UK. My aunt's here also raised me. My solicitor has advised I make a fresh appeal based on my new relationship. We do plan to get married at some point but don't want this to be based on the deportation order. Can anyone help?

[Casa]

Your solicitor should have advised you that you won't qualify as an Unmarried Partner as you haven't lived together in a relationship 'akin to marriage' for a minimum of 2 years. What application are they are suggesting you submit? Without children together, in my honest opinion an application based on your relationship stands little (if any) chance of success in the circumstances.

How long was your prison sentence and do you want to disclose the nature of the offence?

[CR001]

How long was your prison sentence and do you want to disclose the nature of the offence?

OPs topics merged. Class A drug possession conviction.

[TT26]

Your solicitor should have advised you that you won't qualify as an Unmarried Partner as you haven't lived together in a relationship 'akin to marriage' for a minimum of 2 years. What application are they are suggesting you submit? Without children together, in my honest opinion an application based on your relationship stands little (if any) chance of success in the circumstances.

How long was your prison sentence and do you want to disclose the nature of the offence?

They are suggesting I appeal the deportation order on the grounds that I am in a new relationship.this is because they stated in their refusal that although I am integrated and all of my family are here, I don't have a relationship in the UK and could go back to Zim and start one because I am a young man.

Prison sentence was 2 years, I served one due to good behaviour of which I used as evidence in appeal.

[Casa]

You stand a very slim to zero chance of an application based on what the Case Worker would consider as a 'girlfriend/boyfriend' relationship. Even without the prison sentence and deportation order, there would be very little chance of this succeeding.

[TT26]

You stand a very slim to zero chance of an application based on what the Case Worker would consider as a 'girlfriend/boyfriend' relationship. Even without the prison sentence and deportation order, there would be very little chance of this succeeding.

Even though I live with her parents and we plan to marry? I'm also a very active part in her children's lives, they don't have a father.

[TT26]

You stand a very slim to zero chance of an application based on what the Case Worker would consider as a 'girlfriend/boyfriend' relationship. Even without the prison sentence and deportation order, there would be very little chance of this succeeding.

Without the sentence and order? I had ILR from 05 I'm not of zero status outside of the order

[CR001]

ILR can be revoked, which appears might be the case in your situation.

[TT26]

ILR can be revoked, which appears might be the case in your situation.

Do they have to revoke it before giving a deportation order?

[Casa]

ILR can be revoked, which appears might be the case in your situation.

Do they have to revoke it before giving a deportation order?

"A deportation order invalidates any leave to enter or remain that the person has or is
subsequently given while the order is in force (section 5(1) of the Immigration Act 1971) and
there is no separate process required to revoke indefinite leave to remain or enter. A
deportation order made under the Immigration Act 1971 comes into force when it is signed. A
deportation order made under the UK Borders Act 2007 does not invalidate leave to enter or
remain while an in country appeal can be brought or is pending."

As you don't have an outstanding appeal, I believe your ILR is no longer valid due to the Deportation Order.

[TT26]

ILR can be revoked, which appears might be the case in your situation.

Do they have to revoke it before giving a deportation order?

"A deportation order invalidates any leave to enter or remain that the person has or is
subsequently given while the order is in force (section 5(1) of the Immigration Act 1971) and
there is no separate process required to revoke indefinite leave to remain or enter. A
deportation order made under the Immigration Act 1971 comes into force when it is signed. A
deportation order made under the UK Borders Act 2007 does not invalidate leave to enter or
remain while an in country appeal can be brought or is pending."

As you don't have an outstanding appeal, I believe your ILR is no longer valid due to the Deportation Order.

Thank you for clarifying. Do you know what is meant by living independently? Does it mean I should not work and have the finances available to survive? Also in the response to the appeal, the judge said they can't accept the right to family life because I am not in a relationship... Does this require the same as a spouse visa?