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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My husband had the date when he can be relase from prison on

Resolved Question:

my husband had the date when he can be relase from prison on electronic tag(2nd of december 2015),but we still waiting answer from home office are they going to deporting him or they let him stay in the U.K.
There is any other way ,to release him from prison on a tag?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
So he is in immigration custody?
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
no,he is in a prison ,original he is from Lithuania so we had immigration form , we send that form with all documents to home office with all reasons way he should stay in the U.K.
Expert:  Jo C. replied 1 year ago.
Yes, I understand.
How long was his sentence?
Customer: replied 1 year ago.
2 and a half years,2nd of December he can have tag and 20 of April is the probation date.
Customer: replied 1 year ago.
the tag comes automatically with that date or we have to wait answer from home office
Expert:  Jo C. replied 1 year ago.
Ok.
They are saying he must be deported automatically because he has received a sentence of more than 12 months
You can appeal against that on the human rights points that you mention. But he will not be released pending appeal. You can make an application but it is not likely.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
he do have two children they where born in here and we do have house .
Expert:  Jo C. replied 1 year ago.
Yes, there is a presumption in favour of deportation for any foreign national who commits an offence that attracts a sentence of more than 12 months.
It can be appealed upon human rights grounds like right to a family life although there are never any guarantees.
Customer: replied 1 year ago.
thank you Jo very much for ansvers
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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