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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Friend entered Uk from brazil in 2010 on a 6 month visa.

Resolved Question:

My Friend entered Uk from brazil in 2010 on a 6 month visa. In 2010 she had been found to be working, was arrested and deported back to Brazil by Border Agency.
We holidayed in Spain for a couple of weeks together last summer and she then returned to Brazil.
I would like her to be able to again gain entry to UK but is this banned for any particular period of time due to her deportation?
Would it make any difference were I to sponsor her and act as a Guarantor?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Did she pay for her ticket when she was asked to leave?

What form of visa would you ideally like her to apply for?

Are you in a relationship with her?

Kind regards,


Tom
Customer: replied 3 years ago.


Thanks Tom,


Firstly, I got the deportation date wrong. It was Dec 2012 so she had been here for 2 years.


To answer your questions:


No, this was paid for by Border Agency.


 


Possibly student as she wishes to continue her study of English but frankly, would be pleased with a tourist visa for now


 


Yes, I met her in london in 2012 though did not know of her status. Wehave a distanced though genuine relationship and my eyes are wide open

Expert:  Thomas replied 3 years ago.
Right.

Is marriage a possibility?

I should be able to answer about 5-10 minutes after you reply to this..

Tom
Customer: replied 3 years ago.

Yes, this is a possibility but long term i.e. 1 or 2 years hence as i really want us to live together and make sure all good.


Without her being able to travel here, this makes it almost impossible other than jaunts to Brazil or Europe together

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your patience.

If the government paid for her ticket back to her home country then she will have received a re-entry ban from the date that she was deported. If she did not dispute the deportation then she will have received a re-entry ban of 2 years. If she did dispute the deportation then she will have received a re-entry ban of 10 years.

Whilst a re-entry ban is in force this means that the person will not have their application considered and any application fee will be retained and rejected out-of-hand. This applies to all visa applications except an application based upon your relationship, which in the circumstances would have to based on an engagement for marriage OR marriage itself.

So, applying for a student visa/tourist visa during the ban is completely out of the question.

If the ban finishes then an application for a tourist/student visa will not be rejected straight away and they will consider it. However, the further difficulty is that they are still allowed to consider the application in light of the fact that she clearly breached the UK immigration rules the last time she was here. Unfortuntely, this would also mean that the application is highly likely to be rejected. I would put the chances of success in these circumstances (even with a sponsorship declaration from you) at quite a bit lower than 25%.

The re-entry ban would not apply if she were to apply for a fiance or spouse visa though, because there is a human rights argument which gets around the ban.

So, in the circumstances the earliest she could apply for a tourist or student visa would be december 2014 (if she did not dispute the deportation) or december 2017 (if she did dispute the deportation). However, if you met the eligibility criteria for a fiance/spouse visa then she could apply straight away but you would probably need to instruct a solicitor to prepare the application to give you the best chance of an approval.

Kind regards,

Tom
Customer: replied 3 years ago.


Very helpful so thank you.


 


I will take on board.


 


Should I see any immigration lawyer re this or is there someone in London you would recommend?

Expert:  Thomas replied 3 years ago.
Hi,

I'm afraid that I cannot make recommendations under the terms/conditions of this website.

You can sue the law society find a solicitor search engine if you intend to apply on the basis of your relationship OR for a student/tourist visa once the ban has expired. It would be pointless seeing a solicitor if applying for a tourist/student visa if the ban is still in place though, because it would simply be rejected.

Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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