Overstayer in prison; please help

[xCBx]

I wonder if anyone can please help me, advise me or reassure me regarding my situation.

I am British National my boyfriend (well fiancée!) of 18months is Jamaican national and is in prison. He was sentenced to 12months and told to serve only 6months. He is an overstayer of 13 years and although he was not recommended for deportation he does face the severe possibility of administrative removal. His crime was a charge of deception, so not drugs, violence etc where I have heard they will remove without any consideration of the circumstances. He has co operated with the police and pleaded guilty to the charge at the earliest possibility.

He has a child and his ex wife both in the UK they are all Jamaican nationals. He has only 2 family members in Jamaica, nowhere to live there and the majority of his family are in the UK. His daughter and ex wife application is still on going despite the fact they have been here now for around 7 years. He overstayed a 6month visa when he initally arrived and was not included in there application. Until he was sent to prison, he supported them and saw his daughter daily. He has no passport as it expired years ago and anyway has since been lost. Neither of them have copy of the decree absolute from the divorce; and the solicitor has since destroyed the files. We cannot apply for him to stay on the basis of a fiancée visa as we have no proof of his divorce, and besides we have not lived together for 2 years. He doesn’t have the passport to show his entry date to the UK, so applying on the chance they may consider him for long term residency is also out of reach at the moment.

I have a few questions….

1. Can anyone advise me what type of documentation I can gather to support his case? I am aware I need to contact the Jamaican courts to obtain copy of the divorce papers.

2. Would the Jamaican embassy be able to confirm his entry date to the UK in order to support long residency?

3. Would he have a case under the human rights act?

4. I work full time, and we live in a one bedroom flat so I am able to be his sponsor so would they consider releasing him on license at the end of his sentence perhaps with reporting restrictions if no decision or appeal has been made?

5. The enforcement unit have asked him what type of application he will be making to stay. He doesn’t seem to fit any criteria or we don’t have enough paperwork. What would be the best application to make? I have been experiencing problems with the solicitor (pls see my other posts!) and so I want to ensure that I am doing all I can to help secure his release at the end of his sentence.

We are both hopeful and I read the stories of overstayers who successfully returned to be with there loved ones but I don’t want it to get to that.

Please any help of advise would be gratefully received, even happy endings that can keep me strong at this time.

xx