Why you may be detained or deported
If you are a European or non-European national and have committed a criminal offence, the Secretary of State may decide to deport you and your family members. If this is the case and you wish to appeal the decision, you will need to make representation to the Home Office and if they refuse, appeal to the Immigration Tribunal.
It is a breach of human rights to deport first appeal later. Having to appeal from abroad can reduce the effectiveness of an appeal, so the Supreme Court has ruled deporting non-British criminals before they have had a chance to appeal breaches their human rights.
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Grant of Spouse Visa
Initially the Home Office will grant a 30 months visa, which is extendable for further 30 months, if you meet the requirements.
- The couple should either be legally married or have been together in a relationship for at least 2 years at the time of applying.
- The couple must have met each other in person and their relationship should be genuine, subsisting.
- The couple must intend to live together in UK permanently.
- The couple must be free to marry and all previous marriages or relationships should have ended.
- No criminal convictions or suitability issues for the migrant.
- The migrating partner must have a suitable accommodation with proof that it won’t be overcrowded and affect public health regulations.
- The migrant must pass an English and Life skills tests of level A1 of the European Framework.
After the applicant is successfully granted the visa, they are allowed initial leave to remain for no more than 2.5 years with possible extension of another 2.5 years.
It is important to note that on spouse visa, applicants are not entitled to governments funds and will not receive them.
Depending on the country you are applying from; the application’s processing time will be different. However, 12 weeks after attending the appointment at the visa application center is the usual response time.
If you have been detained, you will usually be entitled to apply for Temporary Admission or Bail, through the Chief Immigration Officer. There are factors which will affect the success of your application to remain in the country.
Your solicitor will advise you on these factors, your chances of success and how to complete the application.
Our solicitors will prepare a detailed deportation appeal for your particular case, preparing for every aspect and detail. Throughout the case, we will be on hand to offer expert advice and guidance.
These cases are often very complex matters, which is why it is important to have expert legal representation and safeguarding as a Foreign National Prisoner.
If you’ve been detained and held in a removal centre or prison for over a week by the UK Border Agency, you could be entitled to apply for bail.
Once you apply for bail, you will face an immigration judge in front of an immigration court. Whether your bail application is successful will be decided by the judge.
Need an Immigration advice?
We can help clients across the UK. We service the work from our four offices
(Manchester, London, Birmingham and Chester)
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