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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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My ex husband (we are separated but not legally divorced) is

Customer Question

My ex husband (we are separated but not legally divorced) is in prison at the moment. He is Indian national who has been in the UK for the past 5 and a half years. We married in India and lived there for a year and then came to UK. We have a 5 year old son. Although he was eligible to apply for British citizenship, he never did so (don't ask me why) and has Indian passport with his permanent leave to remain stamped in it.
6 months ago, he went out, got drunk and hit a man over his head with a pint glass. Got sentenced 3 weeks ago for 15 months to serve 7.5 months. He was served notice of intent to deport few days ago in prison. Before anything else, I wanted some help from experts here.
I would like him to stay in the country because (regardless of how us two got on or didn't get on) he has a very good relationship with our son. He comes every weekend and takes him out to his activities and they spend a lot of time together. He calls and speaks to his son every day, he gives money for him every month and in general is an excellent father. Even now, from prison, he calls him every day (child is told that daddy had to go to India for work) and asks about school etc. I am not sure if this will have any impact on anything but I am just trying to give as much information as possible.
Will he be deported out of the UK now? If he is deported, does it mean he can never come back? If someone can just shed some light on the situation I would greatly appreciate it.

Many thanks.
Submitted: 5 years ago.
Category: Law
Expert:  Senior Partner replied 5 years ago.
Thanks for your question. The short answer is that if he is deported then he cannot return to the UK for as long as the deportation order is in force which is usually 10 years.It is possible to apply to have it lifted but it is unlikely that would happen if he is in fact deported.

If you are a British Citizen and your son is and therefor likely to remain indefinitely in the UK , he may be able to resist deportation on grounds that his right to family life is being infringed. He should have been given notice of his right of appeal and he should hire a lawyer to do so. As you ay know the government is quite opposed to the way in which the right to family life is used to prevent the deportation of convicted criminals but as the law currently stands he would have a reasonably good chance of success if your son would effectively be deprived of all contact with his father as a result. But he must get a specialist immigration solicitor to help with his appeal. Legal aid is currently still available for this so he should get on with it. Perhaps the law firm that defended him can assist.