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A.Valcke
A.Valcke, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 740
Experience:  Solicitor 14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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My husbund done a crime and been sentenced months

Resolved Question:

Hello, my husbund done a crime and been sentenced for 15 months he is european citizen I am british citizen and we have two kids one british citizens..My husbund got letter in prison that he might will be deported, so can he face a deportation? Thank you!
Submitted: 2 years ago.
Category: Immigration Law
Expert:  A.Valcke replied 2 years ago.
Hello,I am sorry to hear that.Are you willing to share with me what offence he was convicted of?Also, can you tell me how long he has been living in the UK?I look forward to your response.
Customer: replied 2 years ago.
Hello he convicted for intent to suply drugs(canabies) he was found with 2 ouncies of canabies,he never been convicted previuos for drugs..he lives about 5 years!Thank you
Expert:  A.Valcke replied 2 years ago.
Thank you for that information. The UK authorities can only detain and deport your husband in the event that he represents a serious risk to public health, public security or public order. The mere fact that your husband has a criminal record cannot entitle the national authorities to deport him on that basis alone. The UK authorities would also need to present convincing arguments that at the time they make a decision to deport him, your husband still represents a serious risk to public policy. Any decision taken by the UK authorities to deport your husband needs to include a full statement of the reasons why they consider that him a risk to the public. Under the EU rules, any decision to deport your husband must be open to challenge before the courts. Therefore, the UK authorities may try to deport him, but they have to explain why they consider him to continue to be a risk to the public. Your husband would have a right to appeal against the decision. If your husband is served with a deportation order, he must immediately contact a lawyer in order to file an appeal and argue against his deportation. The fact that he behaves well while in prison and shows genuine ability to reform would weight in his favour in such an appeal. The best would be to contact a lawyer who is a member of the Immigration Law Practitioners Association:http://www.ilpa.org.uk/pages/find-immigration-advice.html I hope this answers your question. Kind regards A.Valcke
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