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clk270 wrote:My Tunisian ex husband who I have been in a relationship with since being divorced from in Feb 08 was arrested yesterday and served notice of removal from UK on 07 April 09. Can we appeal? I am pregnant with his child. Please anyone urgent advice is needed. He is being held in detention until his deportation on Tuesday.
Thank You.
What was the visa he had before, and for how long? Under European law you have quite a few options, but it if was issued under UK law, you are pretty much down to human rights (which is not a convincing case) or a few corner cases.clk270 wrote:Due to my job and my security status I had to inform the HO when we split up in October 07 and unknown to either of us, his leave to enter was curtailed in Jan 08 due to not living together as husband and wife, as one of the conditions of Limited leave to enter. Obviously a lot has happened since then. We are now fully divorced but still in a relationship but not co-habiting.
Not automatically - it is quite possible that he only gets 1 year, as long as he did not make any false claims. And the ban does not apply to family based immigration anyway, as far as I understand.So, as far as I can gather, he has been here illegally since Jan 08 and so has no status as such. Am I right in assuming that if he is deported then he will face an automatic 10 year re-entry ban?
He entered the UK in August 07 on a 2 year Limited leave to enter Spousal Visa. I know it all sounds very complicated! His Leave to enter was curtailed in Jan 08 which is what the current deportation order is based upon. At that point we were still legally married but obviously he had broken one of the conditions of his leave to enter in not living together as husband and wife.thsths wrote:What was the visa he had before, and for how long? Under European law you have quite a few options, but it if was issued under UK law, you are pretty much down to human rights (which is not a convincing case) or a few corner cases.clk270 wrote:Due to my job and my security status I had to inform the HO when we split up in October 07 and unknown to either of us, his leave to enter was curtailed in Jan 08 due to not living together as husband and wife, as one of the conditions of Limited leave to enter. Obviously a lot has happened since then. We are now fully divorced but still in a relationship but not co-habiting.
Once the baby is born, he is the father, and he gets parental access, he can apply for entry again, but the conditions are rather narrow.
Not automatically - it is quite possible that he only gets 1 year, as long as he did not make any false claims. And the ban does not apply to family based immigration anyway, as far as I understand.So, as far as I can gather, he has been here illegally since Jan 08 and so has no status as such. Am I right in assuming that if he is deported then he will face an automatic 10 year re-entry ban?
And I guess the (slightly indiscreet, but relevant) question is why you are divorced, and yet having a baby together. You could have argued about not living together, but with the divorce the relationship is pretty much over in legal terms.