Deportation & Re-entry to the UK

[tan2012]

My brother came to the UK in January 2007 from Bangladesh on a student visa, his visa expired in April 2009 and he then got arrested in 2010 with a charge of possession of drugs with an intent to supply and was later convicted for three and a half years.He has served his time and has lost his appeal of deportation and asylum. I was wondering if there's any chances of him re-entering the UK as spouse of a British citizen once he gets deported and have the following questions in mind. I would deeply appreciate any responses regarding this matter.Many thanks

1- If he gets deported would the UKBA or the entry clearance put a ban on his entry?
2- Does the ban get nullified if he marries a British citizen?
3- Does he apply to revoke his deportation order before applying for a spouse visa?
4- Does he apply to UKBA here or the entry clearance in Bangladesh for the revocation of his deportation?
5- Can he apply for the revocation of the deportation order and the entry clearance together?
6- How long would it take to get a decision on revocation?
7- What are the chances of success on such a claim of revocation in his given circumstances?
8- How long is the appeal process in case there is a refusal of revocation and also the entry clearance?

[Lucapooka]

Your question is impossible to answer without knowing the precise details of his history. There are various bans or refusals that can be applied to convicted criminals that were deported, even in a settlement category, but knowing what is appropriate or inappropriate can't be determined on the information you have provided. Immigration paragraphs 320 (11), 320 (18), 320 (19) immediately spring to mind, and others.

He sounds like a jerk so I'm not inclined to help his case by offering any hope on the deportation issue.

[Greenie]

My brother came to the UK in January 2007 from Bangladesh on a student visa, his visa expired in April 2009 and he then got arrested in 2010 with a charge of possession of drugs with an intent to supply and was later convicted for three and a half years.He has served his time and has lost his appeal of deportation and asylum. I was wondering if there's any chances of him re-entering the UK as spouse of a British citizen once he gets deported and have the following questions in mind. I would deeply appreciate any responses regarding this matter.Many thanks

1- If he gets deported would the UKBA or the entry clearance put a ban on his entry?
2- Does the ban get nullified if he marries a British citizen?
3- Does he apply to revoke his deportation order before applying for a spouse visa?
4- Does he apply to UKBA here or the entry clearance in Bangladesh for the revocation of his deportation?
5- Can he apply for the revocation of the deportation order and the entry clearance together?
6- How long would it take to get a decision on revocation?
7- What are the chances of success on such a claim of revocation in his given circumstances?
8- How long is the appeal process in case there is a refusal of revocation and also the entry clearance?

1. Yes
2. No
3. Yes
4. Ukba
5. Not if he is outside the UK
6. Several months
7. Not possible to comment on the basis of the information given.
8. At least 6 months.

See
http://www.ukba.homeoffice.gov.uk/polic ... 4/#header3


2.

[tan2012]

Your question is impossible to answer without knowing the precise details of his history. There are various bans or refusals that can be applied to convicted criminals that were deported, even in a settlement category, but knowing what is appropriate or inappropriate can't be determined on the information you have provided. Immigration paragraphs 320 (11), 320 (18), 320 (19) immediately spring to mind, and others.

He sounds like a jerk so I'm not inclined to help his case by offering any hope on the deportation issue.

He was forced to sell drugs which the criminal court acknowledged and his passport was taken by the people who he was working for. Just for your information if you do think you can help am in relation to his situtation i will be grateful.Your answer will be appreciated.
He overstayed his visa by 11 months before his imprisonment.He calimed asylum on february 2011 while he was in prison and it was refused on november 2011 alongside with the deportation order.He lost his appeal at the first tier tribunal on february 2012 and the tribunal didnt give him any permission to appeal to the upper tribunal.
Now i am wondering after his deportation if he get married to a british citizen can he apply for a spouse visa from Bangladesh and what are the minimum chances he will be granted entry clearence.

[Greenie]

please refer to my answers to your questions. Any application for entry clearance will be automatically refused unless and until the deportation order is revoked.

If he was sentenced to 3.5 years in prison then regardless of whether he was 'forced' this is a serious offence with a lengthy sentence and having the deportation order revoked is going to be difficult.

Is he already married to a British citizen or in a relationship with one Is there a specific person in mind or is he hoping to have a marriage arranged?

[tan2012]

My brother came to the UK in January 2007 from Bangladesh on a student visa, his visa expired in April 2009 and he then got arrested in 2010 with a charge of possession of drugs with an intent to supply and was later convicted for three and a half years.He has served his time and has lost his appeal of deportation and asylum. I was wondering if there's any chances of him re-entering the UK as spouse of a British citizen once he gets deported and have the following questions in mind. I would deeply appreciate any responses regarding this matter.Many thanks

1- If he gets deported would the UKBA or the entry clearance put a ban on his entry?
2- Does the ban get nullified if he marries a British citizen?
3- Does he apply to revoke his deportation order before applying for a spouse visa?
4- Does he apply to UKBA here or the entry clearance in Bangladesh for the revocation of his deportation?
5- Can he apply for the revocation of the deportation order and the entry clearance together?
6- How long would it take to get a decision on revocation?
7- What are the chances of success on such a claim of revocation in his given circumstances?
8- How long is the appeal process in case there is a refusal of revocation and also the entry clearance?

1. Yes
2. No
3. Yes
4. Ukba
5. Not if he is outside the UK
6. Several months
7. Not possible to comment on the basis of the information given.
8. At least 6 months.

See
http://www.ukba.homeoffice.gov.uk/polic ... 4/#header3


2.

Thank you for your reply. I just want to know is there any chances he will be granted entry clearence after his deportation if he gets married to a britsh citizen. What are the chances he will win his appeal at the court if UKBA refuses his entry clearence. He will get married once he gets deported thats why i am asking about his re entry.

[Lucapooka]

You are asking for tips on whether an ad hoc marriage will assist an convicted criminal in his bid to remain or return to the UK. I'll say what I want on a public forum and the moderators can then choose to remove my posting if it contravenes the rules of the forum.

[tan2012]

please refer to my answers to your questions. Any application for entry clearance will be automatically refused unless and until the deportation order is revoked.

If he was sentenced to 3.5 years in prison then regardless of whether he was 'forced' this is a serious offence with a lengthy sentence and having the deportation order revoked is going to be difficult.

Is he already married to a British citizen or in a relationship with one Is there a specific person in mind or is he hoping to have a marriage arranged?

His not married yet. But he is planning to get married asap.His been detained for last few months after he finishes his custodial sentence.Now the detention is getting too hard for him.His reali streessed and suffering from depression.His bail application was refused too.Now he cant stay in detention anymore.Thats why he is plenning to return to Bangladesh.

He will apply to revoke his deportation order. What are chances his deportation order will be revoked if he gets married and what are the chances UKBA will grant him a entry clearence?

[Greenie]

Anyone convicted of a drugs offence carrying a sentence of this length is going to find it extremely difficult to have the deportation order revoked on family life grounds. He will find this harder given the short time he lived in the UK prior to committing a criminal offence coupled with his poor immigration history. The fact that the marriage (and apparently also the relationship) post dates his deportation makes the chances of the order being revoked and a successful application for entry clearance highly unlikely.

[tan2012]

You are asking for tips on whether an ad hoc marriage will assist an convicted criminal in his bid to remain or return to the UK. I'll say what I want on a public forum and the moderators can then choose to remove my posting if it contravenes the rules of the forum.

I am asking for help for my brother.His life already ruined for what he done and the consequences his facing.He wants to start a fresh crimefree life.He managed to achive lot of qualifications while he is in prison whcih helped to get a job offer while he is inside.

[tan2012]

Anyone convicted of a drugs offence carrying a sentence of this length is going to find it extremely difficult to have the deportation order revoked on family life grounds. He will find this harder given the short time he lived in the UK prior to committing a criminal offence coupled with his poor immigration history. The fact that the marriage (and apparently also the relationship) post dates his deportation makes the chances of the order being revoked and a successful application for entry clearance highly unlikely.

If UKBA refuses his application for revocation of deportation order is there any appeal right against the decision? If there is,will it succeed in the court?
If UKBA refuses his entry clearence and he appeal against the decison,is there any chances he will win in court?

[Greenie]

Please read my first reply to your thread and follow the link provided.

On the basis of the information you have given i think the courts would also be unlikely to overturn the decision not to revoke the order on the basis that he marries a British citizen whom he is apparently not yet in a relationship with after having been deported.

I hope that the woman he is thinking of marrying (if there is a specific woman in mind) is aware of his circumstances and the fact that she may find herself married to someone who is unable to join her in the UK.

[tan2012]

Please read my first reply to your thread and follow the link provided.

On the basis of the information you have given i think the courts would also be unlikely to overturn the decision not to revoke the order on the basis that he marries a British citizen whom he is apparently not yet in a relationship with after having been deported.

I hope that the woman he is thinking of marrying (if there is a specific woman in mind) is aware of his circumstances and the fact that she may find herself married to someone who is unable to join her in the UK.

Thanks for your honest reply.After researching UKBA's immigration rules on the refusals section Under section 320 (7C) is stated that "no one should be refused an entry clearence visa if they apply under paragraph 281 or 295A". http://www.ukba.homeoffice.gov.uk/polic ... les/part9/
And according to paragraph 391 (ii) it says "refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees" http://www.ukba.homeoffice.gov.uk/polic ... es/part13/
Am confused and worried about my brother's future. Please Help me.

[Greenie]

They wouldn't need to refuse the entry clearance application under para 320(7A) because it would be refused under 320(2)

(2) the fact that the person seeking entry to the United Kingdom is currently the subject of a deportation order;

Article 8 is not an absolute right, it is framed as follows

Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

the UKBA would therefore argue that your brother's Article 8 rights can be interfered with in order to prevent crime, protection of health and morals, etc. They may also argue that he can enjoy a family life elsewhere.

[pennylessinindia]

As already said there would be very little chance of any secretary of state revoking a deportation order in these circumstances. Think he will just have to marry someone at home and stay there .

[tan2012]

They wouldn't need to refuse the entry clearance application under para 320(7A) because it would be refused under 320(2)

(2) the fact that the person seeking entry to the United Kingdom is currently the subject of a deportation order;

Article 8 is not an absolute right, it is framed as follows

Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

the UKBA would therefore argue that your brother's Article 8 rights can be interfered with in order to prevent crime, protection of health and morals, etc. They may also argue that he can enjoy a family life elsewhere.

Thanks for your reply. As you said article 8 is not an absolute right. After doing a bit of research i findout that the judge have to balance the right of the applicant and also his/her dependent family life. If you married to a british born asian the judge have to balance if the dependent can stay with the applicant in a country where he/she bever stayed there and have no relation with that country. Can you please update me on this.Thank you.

[Greenie]

you are right it is a balancing exercise, but where a person has been served with a deportation order, there is a presumption in favour of deportation, other factors weighing towards deportation would be the fact that he has a poor immigration history, and has been convicted of a drugs offence with a significant sentence. The marriage (and apparently the relationship) also post dates the deportation order. At worst they will say it is a marriage of convenience, at best they will say that they entered into the marriage knowing he was subject to a deportation order and therefore knew there was a strong chance they would not be able to live together in the UK.

If he is not in a relationship with this woman already, it seems pretty foolish (and indeed unfair on her) to try to arrange a marriage in order to allow him to stay here when the chances are this will not be possible.

[Chiloe]

Having read this post I find myself in a similar situation.was your brother able to revoke the DO? You seem to have a bit of knowledge on this subject and really need some advice. My partner was deported, we was I'm a relationship for 5 years and have 2 children together aged 2 and 3. We was not married. I have visited him once in Pakistan but don't want to risk mine and my children's life if we was to move over there as it is a dangerous country and his family took a very dim view of him having children with a white girl. They r strict Muslims. Any advice wood be much appricated

[Rapha1320]

Hello all , I'd like an advice on how to write a revocation of deportation letter.
I was deported in 2015 .
I have four kids born in the UK to different mums
And because we don't get on its affecting my parental rights please what can I do to revoke my deportation order?
I miss my kids a great deal help!

[Casa]

Hello all , I'd like an advice on how to write a revocation of deportation letter.
I was deported in 2015 .
I have four kids born in the UK to different mums
And because we don't get on its affecting my parental rights please what can I do to revoke my deportation order?
I miss my kids a great deal help!

You have tagged your question onto an inactive thread from 2012 Please open your OWN topic and post there.