Legal Question in Immigration Law in United Kingdom

my husband is gambian and is here on a 2 year marriage visa,he has just been refused indefinite leave to remain on the grounds that he has been convicted of a criminal offence,outraging public decency,he never gone prison and served community service and is on a rehabilitation program for a year and probation for another 2 years,we have a child together,we both work,we both students at college,we have no family living near us,if he go back we all lose everything we have worked for towards a better future and surely it breaches our human rights especially as me and our daughter are british citizens as they suggested that we all go to live in gambia.what can we do to ensure my husband stays in this country?


Asked on 2/02/10, 7:27 am

1 Answer from Attorneys

Asif Salam Salam & Co Solicitors

On the facts you have provided, there is a definite human rights aspect to your case, which should have been taken into consideration by the UK Border Agency. However, this will depend on the exact nature of your husband's conviction.

I am assuming that your husband's leave to remain in the UK has now expired? If so, the decision would have to be appealed to the Asylum & Immigration Tribunal, in order for the decision to be reviewed by an Immigration Judge. There is however a time limit on filing appeals, so it depends on when your husband received the refusal decision.

I would have to know some further details of the matter to give a more accurate view, but on the facts at the moment, there may be at least some prospects in the case.

If you are interested in discussing the case further, kindly contact me on 07789 294662 and we can have a talk about the matter. I have a meeting room in Manchester, where we could meet to discuss the case, if you are interested.

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Answered on 2/03/10, 3:34 am


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