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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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If a person is deported from the uk with her two sons and one

Customer Question

If a person is deported from the uk with her two sons and one have now receive British citizenship. How can the mom come back with her sons
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Why were they deported please?
Kind regards.
Tom
Customer: replied 2 years ago.
The mum did a sham marriage in 2007 and spend 6month in prison. She was sigining for 3 years but was deported with three children. One was born in Britain was 10years of age. One came to uk when he was5months and was also deported at 13years. One came 3years and deported 16. All was deported last year
Expert:  Thomas replied 2 years ago.
Hi
How old are Phil the children now please?
Tom
Customer: replied 2 years ago.
One child is 10, one child is 14 and the other 17
Expert:  Thomas replied 2 years ago.
Hi,
I am out of the office now for a couple of hours at least. I should be able to answer around 7ish. If you cannot wait that long then you can opt me out so that others are free to answer.
Which aged child has UK citizenship and how did they get it?
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom
Customer: replied 2 years ago.
The one that is 10yrs that was born here in London . He will be 11yrs next month. The mom had applied for it when he turn 10yrs old. He just receive it a few months ago
Expert:  Thomas replied 2 years ago.
Hi
I will be able to answer at 9 a.m
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I am afraid that she cannot apply for a visa simply on the basis that one of her children is a UK citizen.
In order to apply for a visa the child would have to be living in the UK and the mother must have an order from the UK courts to either have access or residence (ie custody) of the child.
Obviously, for the child to live in the UK they would have to be already in the UK and this would normally mean that the child would be with the father if the father was in the UK. So, if the father of the child is in the UK and had residence of the child then she could apply for a court order which stated that she should have contact with the child.
If she were able to get this then she could apply for a visa on the this basis. This is outlined on the following link under “coming to look after your child”:
https://www.gov.uk/join-family-in-uk/eligibility
If the father of the child is not in the UK or the mother is not prepared to let the child live with the UK father then I’m afraid she would not be able to secure a visa to the UK on the basis of her UK child.
I am sorry I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
The father is not living in the uk. The son got is citizenship because he was born in the uk and living there for 10yrs and few months. He was living with his mum. I understand what you said and thanks for your help. Really apperiate it
Expert:  Thomas replied 2 years ago.
You're welcome.
Good luck.

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