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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

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  • There is no way for anyone here to offer anything but an opinion. The Home Office visit and questions suggest that an administrative removal order may be issued against him, as can happen when one has been convicted with an offence punishable with imprisonment, and which invalidates ILR. It would be best to consult a solicitor/barrister. – Giorgio Nov 3 '18 at 18:19
  • From my following of the case of Kweku Adoboli the rogue UBS trader, they only do that if the sentence was for four years or longer. theguardian.com/business/2018/oct/24/… . As a foreign national given a jail sentence of more than four years, Adoboli is subject to automatic deportation under UK immigration laws unless “compelling” circumstances can be argued to prevent such a removal – user 56513 Nov 3 '18 at 18:21
  • Administrative removal happen if he has comminuted immigration offence by deception no ? Home office official told it is a normal check for all non -uk notionals – Sam Nov 3 '18 at 18:24
  • Honorary,automotic deportation applied to anyone gets 12 months prison sentence and more but but my boyfriend gets only 20 weeks – Sam Nov 3 '18 at 18:26
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    Possibly could be considered for revocation of ILR as ‘not conducive to the public good’ assets.publishing.service.gov.uk/government/uploads/system/… – Traveller Nov 3 '18 at 20:16
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Your boyfriend is in jail and was asked a question by Home Office officials, and you ask whether this means he will be deported.

No. Being asked whether he wishes to leave voluntarily or whether he intends to stay only means that they want to know whether he wants to leave or stay. That's all you can conclude.

On the other hand, of course they can decide that they want to remove him from the UK. He will know this when they tell him. Or they will decide to not remove him. When they tell him, that's when you need to worry, not now.

But look at what you posted, and what this lawyer told you: There is no directive in sight that means with a sentence of less than 12 months he should leave. Nothing bad has happened (yet), and it will likely never happen. As long as he doesn't do anything else that will get him sent to jail again.

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  • of course they can decide that they want to remove him from the UK, how is that of course if he has Indefinite Leave to Remain? Isn't there a due process for that? – gerrit Nov 5 '18 at 14:33