URGENT HELP NEEDED PLEASE

[clk270]

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.

[owais210]

Hi,
Sorry to hear about what you are going through.

It will be important to know why he has been arrested.
If he had any ILR or Leave to remain in the UK, or what status he has.

Him or you might want to ask the authorities who arrested him that what rights does he have before he gets deported.

Please supply a little more information on this if you may so someone can post a good answer.

[clk270]

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.
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?
The notice he has says no right to appeal so, as far as I am aware, the only grounds we have now are on human rights but this seems a very unlikely success. Only have 2 more days as he is booked on a flight on Tuesday.
He has now been moved to Oakington Detention Centre who have solicitors on call today, so hopefully he will be able to speak to someone later this morning.
Will keep you informed but if anyone has any suggestions any help or advice is greatly appreciated.
Thank You ,

[AncientAlien]

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.

Hi Good people

I know some us us are struggling with finances and some can't even get a job until they get a decision with their passports from the HO. Therefore, it is EXPENSIVE calling those 0870/0845xxxxxxxxx numbers that the Home office generally provides.
Don't give up, now you can call Home Office for free, just check out www.saynoto0870.com and you will be provided with a local 0208/0151/0161xxxxxx number where you can contact HO for FREE! The actual number is 01516725626. (But log on to www.saynoto0870.com and confirm for yourself)
Especially if you have a pay monthly home or mobile telephone contract. You can still call from a pay as you go mobile but the charge rate will be like you are calling your neighbour next door on any 0208xxxxxxxx number.
Good luck Razz (Please share with others if it works for you!)

[clk270]

Thanks for that advice but money isnt an issue. The HO wont give me any information as I am now classed as a third party, apart from saying the order has been issued and the flight details.
Am trying really hard to keep it together but time is running out now.

[thsths]

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.

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.

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.

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?

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.

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.

[clk270]

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.

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.

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.

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?

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.

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.

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.
I applied for the decree absolute in Jan 09 purely for financial purposes. I have to protect my assets for my childrens sake and the job that I do is considered high risk. It is possible to maintain a relationship without living together and as I am out of the UK 50% of the time it was not feasible for him to live with me at this stage.
Have spoken to a Solicitor earlier and he is suggesting a Human Rights application but is doubtful of a successful outcome, which was my thought all along.
Thank You.