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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I wanted to ask if i can have someone deported because

Resolved Question:

Hello..i wanted to ask if i can have someone deported because of deception. I am a married british citizen and met this lady in 2009 who is on student visa. Then we had an affair. We had an agreement that we will be together and i would help her get a proper visa so she can stay here in UK indefinitely. Then in 2010 we had a baby who is now a british citizen with my help of course. Now she filed to the Home Office the Derivative EEA application last january this year and she got a temporary permit to work but her application hasnt been decided yet. But since her permit to work came out this february she has been trying to dump me that is why i feel i was decieved? Can i do anything about this matter? Please advise..thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
When do you believe she considered that the relationship was no longer a genuine married relationship?
Kind regards,
Tom
Customer: replied 2 years ago.
Before she got involved with me i am still with my wife until now and she knows it even before we got involve with each other. She even became friends with my wife at that time we started the affair. She wanted me to divorce my wife then but i was still much attached then but now i am ready to be with her because she got her temporay permit, she is now dumping me
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 the fact that she no longer wishes to be in a relationship with you is not the type of deception which will affect her visa status automatically.
If she were on a spouse visa then obviously it might, but the derivative residence card visa is a visa application based on the child’s right to be in the UK. It is not a visa which is based on a requirement that she is in a relationship with you. Therefore, her not willing to now be in a relationship with you would not result in the application failing,
I am sorry but her position is most likely unaffected by this if she has applied for a derivative residence card and although morally it is a deception, it is not an legal one as far as her visa is concerned.
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
Customer: replied 2 years ago.
Two more questions. Can she deny me access to the child even if i am the biological father? What can i do if she denies me access to the child?
Expert:  Thomas replied 2 years ago.
Hi,
This is not really my area, but if she does refused access then you have rights under the Children's Act to apply for either a contact or residence order.
This means that you would apply to court for an order that you have contact with your child. Basically, if she refuses contact and you wish to have contact then don't muck about: see a family solicitor as soon as possible.
Kind regards,
Tom
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