If you have a child in the UK, can you be deported?

If you could be deported, your spouse and children under 18 who do not have a British passport or indefinite leave to stay could also be deported. One exception is that they won’t be sent back if they have their own right to stay.

Pwede ma-deport ang isang tao kasama ng family niya kung pati sila wala din visa sa UK.

Section 55 of the Borders, Citizenship, and Immigration Act 2009 says that when the Home Office decides to detain or deport an adult who has a child in the UK, it must think about how this might affect the child’s welfare. Even though every family is different, we focus on complicated cases where we need detailed instructions and often evidence from different sources to argue against the removal of the adult who has care of children in the UK. We will take into account how the decision will affect a child’s life in the real world and how it will make them feel, as well as how it will affect other family members indirectly. If an adult has been in prison for a long time and hasn’t seen the children, the Home Office will think it’s less likely that the children will have trouble because of the adult’s deportation.

But we tell our clients to re-establish connections with the child and show that they are an important part of the child’s life. Sometimes, we’ll suggest that the child be interviewed by a professional, like a psychologist, so that we can explain how the parent’s deportation will affect the child’s well-being.

Contact me:

If you want to instruct me, please email donm@queensparksolicitors.co.uk or queensparksolicitors@gmail.com or call us on 0203 643 7508. My name is Atty Magsino of Queen’s Park Solicitors. I am a UK qualified lawyer and solicitor.

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