Can my 10-year ban be lifted now that I have a baby in the UK?
I was given a 10 year re-entry ban in 2012 for incorrectly completing an extension application, accused of fraudulently applying. At the time I didn't appeal and I returned to Turkey to live.
Last year, in 2016, I met my current partner and together we had a baby. The baby is 4 months old and is a British citizen. My partner gave birth in Turkey so I could be with her for the birth as I could not travel to the UK.
We are not married. My partner is divorced and I am still married, although we have been separated for 9 years.
I would really like to visit the UK for several weeks to see our baby daughter and meet the rest of my partner's family.
Is there any way of reducing this ban, now that I have a child who is a British citizen? What if my partner or her parents sponsored my visit? Or do I still need to wait the full 10 years?
[Added clarification per Bilal S comment]
I was on a visitors visa valid for 6 months. I wanted to extend my visa and change it so i had permission to work. My work visa application was declined and I appealed as some reasons they gave were incorrect. Whist appealing my visitors visa expired but I was allowed to stay as I had proof my appeal was in process. When I appealed I did it myself and I misunderstood the question have you been refused before: I understood that question to mean prior to the refusal im appealing and I ticked no. According to the authorities this was a fraudulent answer, I left the uk on an expired visitors visa.
Best Answer
You do have rights as a parent and the child has the right to maintain relationships with his/her father (and there is a visa category especially for this).
You applied for a Tier 2 from within the UK, when you were there as a visitor. You might have been successful had you chosen to apply for an extension to your visitor visa. Making an application in an entirely different category almost invariably invites a negative decision, as you discovered. From that point, your credibility was damaged, and became difficult to repair in its own right. Your subsequent request, the appeal, made matters even worse, as the fraud clause was invoked and you were banned for 10 years.
The family settlement route would not be available as an option: you are married, albeit separated. That the mother is able to travel to your location, as she did for your child’s birth, would not be supportive of a request by you to enter the UK and to lift your current ban.
You have significant obstacles to overcome, best addressed in consultation with those well-versed in immigration law, particularly in complex cases such as yours.
Here are some resources to get you started:
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How do I cancel my 10 year ban UK?
Challenging the ban under 320 7(A) You can re-apply after 10 years you can appeal/ judicial review against the ban. If a ban of 10 years has been imposed on you under 320 7(A) any new visa application including the UK visit visa will be refused. You may be able to re-apply only after 10 years.Can you come back to UK after deportation?
When can I come back to the UK after a deportation? If you have been deported from the UK at any time, you must apply in writing for a revocation of the Deportation Order, and wait for the outcome of the revocation request before you can travel back to the UK, or before you can apply for an entry clearance application.Can an overstayer come back to UK?
Will overstaying affect your ability to reenter the UK? There are long term consequences for individuals who overstay their visa period in the UK. If you leave the UK voluntarily after the 30 day period, you risk being banned from re-entering the UK for one to ten years.What is the difference between removal and deportation in UK?
Administrative removal is the process by which certain categories of people may be removed from the UK. Usually, individuals are removed from the UK because they breached the immigration law. Deportation involves an entirely distinct legal process and is reserved for those who have committed serious criminal offences.11 Parenting Mistakes That Ruin a Child’s Growth
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