My partner of 2 years has a complex case and I just want to see if you any advice for us as I feel the legal advice we are getting, may be money driven rather than about realism.
He came to the UK in 2002 as a visitor, he then met his now estranged wife in 2003 and sunsequently overstayed until 2005 when by this time they had their first son and married here in the UK. At this point they sought legal advice. They had another son post marriage. In 2009 he was sent to a detention centre but got bail and was signing in twice a week. His solicitor in this time had put in an application for a visa which was received. During this time him and his wife seperated. He was re-arrested in 2010 and held in a detention centre based on breaches of bail conditions. They said he had not submitted an application as stated, where he had proff of receipt letter from the Home Office in this time of appeal and investigation he was told he could voluntarily return to JA and apply from there or stay as an inmate at the detention centre and face the possibility of his appeal being rejected and being presented with a Detention Order. Against my advice he returned and now as oif Jan 2012 he is still there and we don't know whether the 5 year ban applies to him or not.
I just want to know what type of fight we have and the grounds on which he can apply and whether there is even a chance of him returning to be with us.