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TK Legal
TK Legal, Solicitor
Category: Immigration Law
Satisfied Customers: 240
Experience:  LLB, MCIArb
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What circumstances will be favorable for a prisonier to

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What circumstances will be favorable for a prisonier to avoid deportation?

Hello dear

If you have been sentenced for less than four years but more than 12 months, or your offending is deemed to fall into the “causing serious harm” category described above, the immigration rules say that deportation would be proportionate except if deportation would be in breach of your Article 8 rights to family and private life, AND:

(1) you have a child under the age of 18 in the UK,

  • you have a “genuine and subsisting parental relationship” with your child
  • your child is a British citizen or has lived in the UK for at least seven years immediately prior to the decision to deport you
  • it would be “unduly harsh” for your child to live in the country to which you will be deported, and
  • it would be “unduly harsh” for your child to remain in the UK without you.

OR

(2) you have a “genuine and subsisting relationship” with a partner who is in the UK and has British citizen or Indefinite Leave to Remain, and

  • the relationship was formed at a time when you were in the UK lawfully and your immigration status was “not precarious”; and
  • it would be unduly harsh for your partner to live in the country to which you are being deported, because of compelling circumstances over and above very significant difficulties which would be faced by you and your partner in continuing your family life together outside the UK and which could not be overcome or would entail very serious hardship for you and your partner; and
  • it would be unduly harsh for your partner to remain in the UK without you.

You also need to show that you have been lawfully resident in the UK for most of your life; and you are “socially and culturally integrated in the UK”; and there would be “very significant obstacles” to integration into the country to which you are being deported.

Read these articles which would be useful: https://righttoremain.org.uk/toolkit/humanrights/

https://hubble-live-assets.s3.amazonaws.com/biduk/redactor2_assets/files/489/1707_Deportation_Appeals-_Deportation_of_EU_and_EEA_Nationals.pdf

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TK Legal and 4 other Immigration Law Specialists are ready to help you
Customer: replied 11 days ago.
Ok thank you very much

No worries at all.

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https://www.justanswer.co.uk/law/expert-tkabir/

Take care!

Kind regards, T.K.