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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7660
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Customer Question

Hi my name is XXXXX XXXXX year old polish girl who is in a relationship with Albanian man we was living in UK for 5 years last week my partner was sent back to Albania because he try to leave UK with false documents. I would like to know do we have any chance to apply for family visa (eea2) from Albania Thank you.

Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi Olivia,

Thanks for your question.

Basically, if the UKBA regard him as having carried out a deception then it is taken very seriously by them. It is a breach of the immigration rules.

Because it is a breach of the immigration rules, the UKBA could attempt to use it as a ground to refuse the application for an EEA family permit. They might do this on the grounds that it would not be conducive to the UK public good to admit him. This would be the probably argument.

You can only apply. Because the situation is complicated I would strongly suggest that you instruct a UK based immigration solicitor to prepare his application for him and to advise him on the necessary supporting documentation.

You will have to submit detailed statutory declarations about your relationship and he will have to explain the deception and provide any mitigation that he can to explain why he felt the need to use fake documents.

In addition, he should gather statements from professional persons of authority that know him, eg teachers, doctors, lawyers, bank managers, religious ministers. He should ask them to execute statements in support of his good character and explain that it was out of character for him to attempt to deceive in this way.

If you do this you still have a chance because there is an Article 8 Human Right to family and private life argument in your favour. You just have to make sure the application is comprehensive and well evidence, preferably by a local UK solicitor.

Kind regards,

Expert:  Thomas replied 4 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

Kind regards,