Zimbabwean Looking to coe back to the UK

[isabella2008]

Hi there,

 

PLease can someone advise me of this. In 1996 my family came to live in the UK on ancestry visa's via my mum who has a british passport. To cut a long story short, my brother got involved with drugs and petty crime etc and failed to meet the requirements of the visa to stay out of trouble with the law, maintaining a job etc...He was arrested for theft and placed in prison and his Zimbabwean passport held by Home Office. He never claimed the passport back for fear that he may be deported. Eventually, we wrote to the home office after he was clean and behaving himself for about 3 years and asked for them to consider re-issuing a visa etc... they said he should return to his home country to apply and so he did in 2010. Ever since then, we have never regretted anything more. He applied for the visa and refused immediatley based on his crimial record. We are so gutted as our whole family are living in the UK and he is stuck out there completely on his own with no home or family and is struggling to survive. Can anythig be done to bring him back? His parents, brothers and sisters and whole family live in the UK.

 

Please help!

Many thanks

[Surfer01]

Perhaps highlight this to them plus his wife who is a nurse was still working in the country when her visa had expired. I think a lawyer who could use discrimination based on race would be helpful. For once maybe the race card could be used in reverse. I have some connections in Zimbabwe, but mainly in Harare as I lived there when it was still Rhodesia.

[isabella2008]

Hi there,

 

Thanks for the response - very interesting article. Where would we start with this? Would I be able to take this up from here or would it be better from Zimbabwe? Thanks again - heartbroken

[Surfer01]

Hi there,

 

Thanks for the response - very interesting article. Where would we start with this? Would I be able to take this up from here or would it be better from Zimbabwe? Thanks again - heartbroken

 

I am not sure how long it is before a conviction is spent, however I think it is 10 years from date of conviction. If I were him, I would make my way to SA, get a job, then a SA passport and re-apply. This may take a few years but at least he has employment.

Second option is an immigration lawyer over here which could be expensive as there is no way you would be able to fight this on your own as you are taking on the Home Office. I would not use a SA based lawyer.

Not exactly what you want to hear, but it will be a difficult uphill battle.

[BazzaS]

Perhaps highlight this to them plus his wife who is a nurse was still working in the country when her visa had expired. I think a lawyer who could use discrimination based on race would be helpful. For once maybe the race card could be used in reverse. I have some connections in Zimbabwe, but mainly in Harare as I lived there when it was still Rhodesia.

 

Why is this race discrimination?.

For this to be discrimination then there would need to be more favourable treatment of a person of a different race : and the OP's post doesn't mention this.

 

It is no doubt hard for the brother, and horrible for the OP and their family : but it is the price the brother pays for committing a crime and sent to prison while on a visa giving temporary residence in the UK.

The terms of the visa are clear & why should the Home Office grant admission to someone who has committed an imprisonable offence while a 'guest' in the UK.

 

As for the poster who suggested "get a South African passport and try again" : if the brother tries this & reveals his prison sentence & failed visa application then the fact it is an SA passport isn't likely to help.

If he conceals the prison sentence & failed visa application in an attempt to deceive and gets found out : he should expect a period of substantial exclusion (up to 10 years) from application to VISIT the UK, let alone application to REMAIN in the UK.

[Surfer01]

Why is this race discrimination?.

As for the poster who suggested "get a South African passport and try again" : if the brother tries this & reveals his prison sentence & failed visa application then the fact it is an SA passport isn't likely to help.

If he conceals the prison sentence & failed visa application in an attempt to deceive and gets found out : he should expect a period of substantial exclusion (up to 10 years) from application to VISIT the UK, let alone application to REMAIN in the UK.

 

By the time they obtain a SA Passport the conviction would have been spent. If the home office can allow a person who tortured and probably murdered people to stay in the UK, a crime committed by the brother becomes insignificant. I have seen first hand what these CIO people did to people of their own race just because they suspected they did not agree with a government policy instigated by the dictator. The country is not safe for any one no matter race, religion or creed.

[Old Cogger]

U.N. Right to Family Unity = comes to mind, but with a record ? might try that area if you can, years ago all countries eventually signed up to it, I wonder which country legged behind the others? as if we do not know.?

[BazzaS]

By the time they obtain a SA Passport the conviction would have been spent. If the home office can allow a person who tortured and probably murdered people to stay in the UK, a crime committed by the brother becomes insignificant. I have seen first hand what these CIO people did to people of their own race just because they suspected they did not agree with a government policy instigated by the dictator. The country is not safe for any one no matter race, religion or creed.

 

2 wrongs don't make a right.

 

If the torturer shouldn't have been allowed to stay them he shouldn't. If he gave reasons why he should be allowed to stay, then the OP's brother needs to establish reasons why he shouldn't be refused a visa, too.

 

The conviction may become spent, but may still need to be declared : is there an exemption from the Rehabilitation if Offenders legislation (as there is for e.g. Employment in healthcare and the criminal justice system)?

[Surfer01]

At least if they get SA citizenship they have a better opportunity of getting a job and fending for themselves. In Zimbabwe there is virtually nothing going job wise, health wise and many other aspects.