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Immigration, work visa and work permit discussion board
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Well for set(m) the relationship must be continuing and as it's broken down that doesn't mean it can't be fixed, have you tried therapy? If the relationship is over then you are required to tell the HO and not support the application. However, if you do support the application and pretend it's all happy family's then the application will likely succeed. However, if this guy is an a** or abuser then really you shouldn't support the application as he'll only make your life or someone else's miserable. If he forges your signatures you must report this to the HO and the police. If you do not support his application and he had no other way to stay it'll be goodbye to him. Unless he can successfully argue human rights need to stay due to family life and your son? I know it's personal but was he an abuser? Adultery?MessyBun wrote:My partner and I were planning to apply for his ILR visa this month but our marriage has broken down and he will try to apply for a Visa that will let him stay for the sake of our two year old son. please can someone advise what he will need and will he have much chance of staying? I am so lost.
He will argue that under Art. 8 of the ECHR he has a right to respect for his family life. The case will be considered on the grounds of the best interest of the child. There will be a test of proportionality. That is, is there a legitimate aim not to grant an Art. 8 application? That generally means is he a criminal or a threat to the child's welfare? That's what I asked an abuser? If not then likely will succeed as the child's interest is weighed heavily with a need for interaction with both parents. But for your separation he would have received ILR.MessyBun wrote:I can't believe this is happening but I won't be doing the Visa with him. But he will see a solicitor tomorrow to apply the other way (for our son). What does he need to prove? He works and will find a room to rent somewhere most likely. Do you think they wil let him stay?
Therapy won't work for us as he has decided he wants to live his life.
Hmmmmm, do you think he was genuine? What do you know about his past life any chance another wife and child abroad? Well he could forge your signature that's not uncommon in such instances but he also needs your passport or birth certificate, the latter is quite easy to get if you were born in the UK. If you report the breakdown to the HO they'll note it on file and any set(m) case will be scrutinised. If he isn't an abuser and was genuine at first then I think for the child's interest and financial support you should support his human rights application.MessyBun wrote:Ok, now I am a little worried, he better not forge my signature on anything. He decided married life wasn't for him, grrr! However, promises to be around and help out for his son.
Well he mat get an extension visa, I think the onus is on him reporting the change of circumstance. However, you can also report it particularly if you don't think he's genuine. The solicitor is working for his interest remember.MessyBun wrote:Right now, I don't know if he is good or bad, genuine or whatever. He has just suddenly decided he wants to be free. He isn't ready for Family life. Grrr!
