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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My husband was deported a year ago we have a lawyer trying

Customer Question

My husband was deported a year ago we have a lawyer trying to get him back we been married 8years have four young kids together we is from south africa am from scotland now he has had a nervous break down will he be able to come back to scotland when he is better
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If you are a British Citizen and so are the children, I do not understand why VAF5 form is being used as that applies to family members of EEA Nationals.

If all of you are in the UK and the children are all settled here, there is a good possibility that he may be allowed back into the UK.

Can I assist further?
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.
He is south african
Expert:  UKSolicitorJA replied 3 years ago.
Yes, I gathered that. But VAF5 is not the correct form I am afraid as that applies when you are an EEA national, not British.
Customer: replied 3 years ago.
What form should the lawyer be using and the fact he has had a nervous break down would that stop him
Expert:  UKSolicitorJA replied 3 years ago.
No, the nervous breakdown should not mean visa refusal.

The correct form is VAF4A

https://contact-ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

I suggest you appoint a good immigration lawyer to assist you with the application .

All the best
Customer: replied 3 years ago.
Would the nervous break down mean he might get back faster after he is better
Expert:  UKSolicitorJA replied 3 years ago.
It all depends. If there is no one to look after him in SA or turn to for support, it should make his case stronger to come back to the UK to you and the children.

All the best and thank you for the bonus. This question will now close.
Customer: replied 3 years ago.
we have no savings live on benefits he has always been the one that's worked
Customer: replied 3 years ago.

The reason the lawyer is doing that form is cos we don't have any savings at all we are living off benefits each month i can't work cos i have a 8,7,4 and3 year old my husband was the one that was keeping us all he is a mechanics can earn the most money out of the two of us i have no one here to look after the kids


 


Optional Information:
System of Law: Scots

Expert:  UKSolicitorJA replied 3 years ago.
The form is incorrect and will be refused I am afraid.

Your lawyer may try nevertheless and see what happens as that form is free to lodge.
All the best
Customer: replied 3 years ago.
Is there anyway I can get him back without savings
Expert:  UKSolicitorJA replied 3 years ago.
I am afraid your lawyer will be better placed to answer that as I am unable to help further on this Q&A site.
Customer: replied 3 years ago.
ok thank you but she tells me nothing just to wait
Expert:  UKSolicitorJA replied 3 years ago.
You need to trust her or appoint another lawyer if you do not trust her.

All the best
Customer: replied 3 years ago.
i have no idea what to do i fear am going toned the same way as my husband has
Customer: replied 3 years ago.
I have no idea waht to do but I fear am going to go the same was asmy husband has.... what would the right app be if you have no savings and don't earn enough money
Expert:  UKSolicitorJA replied 3 years ago.
I am afraid none under current UK legislation.

Sorry
Customer: replied 3 years ago.
So I have to go there or get a divource
Expert:  UKSolicitorJA replied 3 years ago.
This is not a must but you could have to if he is not issued with a visa to come to the UK I am afraid.
Customer: replied 3 years ago.
would my husband not be able to hand ibm the vaf 5 form in over there
Expert:  UKSolicitorJA replied 3 years ago.
I am afraid I am unable to assist further.

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