Deportation after marriage and children

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice. 12 April 2019

We act in relation to an applicant who was refused entry clearance because of the existence of a Deportation Order dated February 2008. We applied for the revocation of the Deportation Order and argued that our client started a family in the UK at the time of her arrest and is married to a British citizen and has lived with him in the UK. They have two children and the husband relocated to live with his wife after she was deported.

The British husband had to return to the UK but remained in a committed relationship with his family and he frequently travels to visit his wife and children. He moved to the UK in order to obtain employment and accommodation, hoping that his family would join him shortly. The relevant law is section 3C of the Immigration Act 1971 that states that a person is liable to deportation if convicted of an imprisonable offence and recommended for deportation by a Court empowered to do so. The provisions relating to revocation are set out in Immigration Rules HC395 paragraph 390-391A. It is our argument that to continue not to revoke the Deportation Order would be contrary to the Human Rights Convention, and that the situation had materially altered by the passage of time. In the interests of justice, the revocation of the Deportation Order must take place. Not to revoke it would be contrary to common law principles of fairness and to Article 8 ECHR. There is no risk of renewed offending and there is an absence of public interest in the exclusion of this client. The interest of the family is in being together and the best interests of the children is to be together with their father and mother.