Immigrationboards.com

hey,
please my friend has a problem with ukba,he is married to a germany lady since 2008,and they ve lived togther till last year december the lady left him cos she has been cheating on my friend.
she left becos my friend comfronted her and now living with the boy friend.she changed all her number and moved all her things in the house.Now ukba official came to my friends house and arrest him that he is not living with the wife and took all his documments.ask him to bring the wife for interview that they re not sure he is living with wife.he is like signing on cos they ve got his passport with him residency card etc.please can you please advice us on how to go about it.
we ve tried to contact the wife family ,but they dont have her number.my friend is jamica.

bettinaME wrote:hey,
please my friend has a problem with ukba,he is married to a germany lady since 2008,and they ve lived togther till last year december the lady left him cos she has been cheating on my friend.
she left becos my friend comfronted her and now living with the boy friend.she changed all her number and moved all her things in the house.Now ukba official came to my friends house and arrest him that he is not living with the wife and took all his documments.ask him to bring the wife for interview that they re not sure he is living with wife.he is like signing on cos they ve got his passport with him residency card etc.please can you please advice us on how to go about it.
we ve tried to contact the wife family ,but they dont have her number.my friend is jamica.

I am not an immigration expert but here is my take. If your friend had a residence card as an unmarried partner not a marriage based one then i could understand UKBA's actions as they could argue that your relationship has broken down.

It looks like the wife or the new partner of the wife informed UKBA of the fact that they aren't living together anymore. Then again i believe they are still married and none of them has started divorce proceedings???, so on what basis has the UKBA taken his passport?. As far as i know, one has the right to live and work here with a residence card as long as they are still married and treaty rights are being exercised.

There is something not adding up about this story as its implying that UKBA are getting themselves involved in a ''domestic dispute''. Whilst its expected that a genuine couple would live together but then again i don't know of any regulation that states that as soon a couple live apart then a residence card has to be cancelled.

Maybe more knowledgeable forum member can advise here.....

They can't arrest him for not living with his wife. He has probably been involved in domestic violence of some sort or simply might have broken some law. That's when people get arrested. This story doesn't add up.

They can arrest people and release them after finger printing and asking them to come and sign a register every week whilst the travel documents are with HO. They can do this if people are in breach of visa's or illegal in the country..

However I agree with you as if they were married from 2008-2011 and suddenly the wife left after 3 years (making sure the chap can retain his rights of residence) has alarmed the Home Office. Somebody has reported him maybe....seems like the wife....too much of a coincidence??

anp wrote:They can't arrest him for not living with his wife. He has probably been involved in domestic violence of some sort or simply might have broken some law. That's when people get arrested. This story doesn't add up.

According to what we know, he is on a valid visa. Even if they don't live together, they are not divorced, which means he is still exercising his rights. If the relationship ends, only through a legal separation or divorce, then his rights are revoked or reconsidered. I think there is more to this case.