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Ask WAQAR NOOR Your Own Question
Category: Immigration Law
Satisfied Customers: 546
Experience:  Director / Principal Solicitor at WIN Solicitors
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I wanted to ask some advice regarding immigration.

This answer was rated:

Hi there I wanted to ask some advice regarding immigration .
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am located in leicester
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I am enquiring on behalf of my husband who is a British citizen. The Home office has written to him as he is currently in Hmp stafford.

Hello, I am a Solicitor with over 19 years experience in the UK.

Thank you for your enquiry, I will do my best to advise you appropriately, however before I can do this I need more information.

Can you please let me know what the Home office have communicated in their correspondence to you husband so I may advise properly.

What is your Husband's Immigration Status?

What was the Offence for which he is incarcerated?

What was the Term of the Custodial Sentence?

I look forward to your response at your earliest convenience

Many thanks.

Customer: replied 9 months ago.
Hi there My husband is a British citizen. He had his certificate issued in May 2010.
In August 2016 investigation began as an allegation has been made against him. The allegation is that he has sexually abused a minor. Whilst teaching in madrassa.This incident is dated back in March 2010.At that time no investigation was made. The home office has issued a letter that My husband has kept this from them at the time his citizenship was being processed.When he was taken for questioning back in August 2016 he did plea not guilty but then changed his plea to guilty. He is serving a 6yr sentence Next year he is due his parole as 3yrs are complete. The Home office may revoke his citizenship which I think is what is in the letter. We haven't kept anything from the Home office intentionally which is how it seems.
Please help .Thank you.

Hello, Thank you for the Clarification.

I am sorry to advise that it appears that your suspicions are correct. The Home Office will argue that at the time of completing the Naturalisation Application your husband was not of "Good Character" and that he had made a false declaration, in that he knew this because he was engaged in serious criminal activity in March 2010.

The Fact that he pleaded "Guilty" does not at all help his case because this is evidence that he accept that he committed the Offence in March 2010.

Unfortunately, it is not relevant that he was not charged until August 2018. The Home Office will in all likelihood revoke your Husband's Nationality, this can however be challenged and I would advise that obtain a copy of the correspondence so you may be advised properly by a competent Immigration Solicitor.

Finally, was there any mention of deportation to your Husband's Country of Origin?

Customer: replied 9 months ago.
No there wasn't

Thank you for your reply.

This does not unfortunately not mean that the Home Office could raise this issue at a later stage.

Unfortunately, I cannot give you more positive outlook.

Please contact an Immigration Solicitor urgently who can engage with the Home Office to confirm the exact position and to challenge the Home Office decision.

Unless, I can help you further , Please will you provide a 4 or 5* Star Rating for which I will be most grateful.

Many thanks.

WAQAR NOOR and other Immigration Law Specialists are ready to help you