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Marriage break-down and Spouse visa


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#1 zed

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Posted 26 November 2007 - 10:25 AM

Hi everyone,

I found this site through a google search, and must say I'm impressed with the support offered through the forum.

My query is in relation to a relative who has asked me to find some information on her behalf.

She married an over-seas national who is in England on a spouse visa. The 2 year visa will expire in May 2008.

The marriage has broken down due to his behaviour at home and in the work-place (sacked partly due to complaints from 2 female colleagues).

She has told him the relationship is over, but he is refusing to leave the house that she owns and pays for (which she purchased 2 years before she met her husband).

He has warned her that she shouldn't do anything to jeopardise his plan for gaining ILR.

She is in the process of contacting the home-office to inform them that the marriage has broken down

She has told me she wants him to leave the house, and would prefer he left the UK. She wants to know what action she can take which will not put her at risk considering he will not pack his belongings and leave voluntarily.

Thanks.

Edited by zed, 26 November 2007 - 10:40 AM.




#2 John

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Posted 26 November 2007 - 10:40 AM

She needs to seek legal advice ..... as regards the marriage situation and whether she can get him removed from the house. She should go and see a Family Law solicitor about those aspects.

The immigration aspect? Can I ask, are there any children of the family? If so it is reasonable to expect that the husband might well be given permission to stay in the UK so that he has access to such child(ren).

He has warned her that she shouldn't do anything to jeopardise his plan for gaining ILR.


The way you have worded that it sounds like a threat! Clearly the wife is not going to sign the declaration on the form SET(M) in effect certifying that the marriage is going to be continuing, especially as the declaration points out that it is a criminal offence to sign when those are not the facts.

#3 zed

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Posted 26 November 2007 - 11:58 AM

John,

There are no children involved, and yes, she believes that was a thinly veiled threat. And you’re right in assuming she will not be sign the declaration on the SET(M) form.


If she contacts the Home Office and tells them the relationship is over, will they ask him to leave the country?

Thanks again.

#4 Afsheen

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Posted 27 November 2007 - 01:46 PM

Hi zed I just read this thread in similar topics when I posted my own topic. This seems to be the same situation as mine, the only difference is that my husband has left my house to live elsewhere bcoz I told him there is no chance of us getting back together and this relationship has ended. I think your friend can inform the police if her husband is threatening her and seek legal help as well. If she owns the property and mortgage is on her sole name and she has been paying it n other bills and there was no contribution from her husband then the case will go in her favour. I am not sure how divorce processes are here in UK but thats what my understanding is.

She can tell him that if he doesnt leave the house she will get his visa cancelled and ask home office to deport him back in his home country. I think he has no right to stay in her house if she doesnt want to continue this relationship. I would say that she informs home office and if he threats her she needs to inform police as well and there are other organisations, she can get help from e.g women aids etc. thy can help if she is at risk and get her out of this situation. hope it helps...I will continue to write once im a bit more clear about my own situation.

#5 John

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Posted 27 November 2007 - 04:29 PM

I think he has no right to stay in her house if she doesnt want to continue this relationship.


Actually not so, which is why it is so important for her to seek legal advice from a Family Law solicitor, and obtain, as necessary, a Court Order forcing him to leave. He has a right to stay, unless and until ordered to leave by a Court.

#6 blondiebabe

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Posted 04 December 2007 - 05:51 PM

Hi All,
I am in the same sort of situation.
I married my Tunisian boyfriend in June 2007 and he came here on 10th August supposedly for a weeks holiday. Unknown to me he had given up his job in Tunisia and had no intention of returning. He then informed me 3 days into the holiday that he had a cousin here and was going to visit them. He left on 07th September and I have not seen him since. I have petitioned for Nullity of marriage which he is contesting. He is claiming the marriage is valid and subsisting!!
I have informed the Home Office who are dealing with the matter. I feel more angry than anything else that he lied to me and basically used me to obtain a visa. I would love to chat to anyone who has experience of this or is indeed going through the same sort of thing.
Stay positive.
BB x

#7 samuel12

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Posted 18 December 2007 - 12:45 AM

Hi everyone,

I found this site through a google search, and must say I'm impressed with the support offered through the forum.

My query is in relation to a relative who has asked me to find some information on her behalf.

She married an over-seas national who is in England on a spouse visa. The 2 year visa will expire in May 2008.

The marriage has broken down due to his behaviour at home and in the work-place (sacked partly due to complapurchased 2 years before she met her husband).

He has warned her that she shouldn't do anything to jeopardise his plan for gaining ILR.

She is in the process of contacting the home-office to inform them that the marriage has broken down

She has told me shtake which will not put her at risk considering he will not pack his belongings and leave voluntarily.
hi ineed sum advice?
Thanks.



#8 reg

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Posted 31 December 2007 - 04:07 PM

Hi!

My case is similar but different as i am the one with the spouse visa, i got married to my boyfriend (now husband/he is English) 10 months ago, we were together for a year and a half before getting married.
Sadly things are not working out between us, does anyone knows if i can switch my visa for any other in case we can't sort things out?
I been in London since 2003, i went to University here, and i now have a full time job which is related to my degree, so, in case we fall out i don't want to go back to my home country as i now have a life here.
I also want to have as much information as I can.
What can i do?

Thanks in advance!

#9 Victoria

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Posted 03 January 2008 - 09:46 PM

You should take a look to see if you can get a work permit with the job. What is it that you do, and what is your degree in? When did you graduate?

Victoria

#10 waitingforgoulet

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Posted 08 January 2008 - 05:34 AM

Hi All,
I am in the same sort of situation.
I married my Tunisian boyfriend in June 2007 and he came here on 10th August supposedly for a weeks holiday. Unknown to me he had given up his job in Tunisia and had no intention of returning. He then informed me 3 days into the holiday that he had a cousin here and was going to visit them. He left on 07th September and I have not seen him since. I have petitioned for Nullity of marriage which he is contesting. He is claiming the marriage is valid and subsisting!!
I have informed the Home Office who are dealing with the matter. I feel more angry than anything else that he lied to me and basically used me to obtain a visa. I would love to chat to anyone who has experience of this or is indeed going through the same sort of thing.
Stay positive.
BB x


Er, I think your boyfriend may just have posted on this board for some help regarding his predicament http://www.ukresiden...showtopic=60688

Edited by waitingforgoulet, 08 January 2008 - 05:36 AM.





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