My boyfriend is a non-UK national, given ILR 14 years ago. He was convicted of the offence of sexual assault of touching a female over 16 years of age. In Magistrates Court, he was given a jail sentence of 20 weeks and he will serve 10 weeks.
He was visited in prison by an official from the Home Office, asking his details and home address, and asking if he was willing to leave or intending to stay in the UK after serving his sentence.
Does this mean that the Home Office will revoke his ILR and deport him because of the 4-month jail sentence? At the time of sentencing, the Court didn't recommend his deportation and considered him a low risk offender.
I asked an immigration solicitor he said that as soon as he did not get 12 months he should be fine, but I'm worried because I don't understand this:
Notification Requirements for UKBA’s Local Immigration Teams
2.12 Where a foreign national prisoner receives a sentence that does not meet the normal criteria for deportation (set out in 2.8 above) and therefore does not require a referral to CCD then prison establishments should refer these cases to their Local Immigration Team by e-mail or fax using the CCD referral form within 5 days of reception following conviction and sentence so that they can consider administrative removal action. (Contact details for the Local Immigration Teams are at Annex E).
But they told him it is normal to ask Avery one who is not a UK National, do they deport him for 20 weeks jail !!! He is legal in the country for 14 years