Immigrationboards.com

Hey all, I've been a silent follower for a while and I would much appreciate if you could give me your views on my situation.

I've hired an Immigration Advisor for my Divorce and ROR (after 3 years of marriage), and because I used them before to help with my RC I already paid their fees in full (I know that's my own fault).

I met with them together with my husband to discuss grounds for divorce and signed the contract for the Divorce. However, they've just sent me the ROR contract and it got me worried. Here's why:

1. Poor english throughout. (My main concern is if they can't review their own contract, will they be able to properly review my application or draw my divorce petition?).
2. Wrong facts/dates about our relationship, which was given to them in writing.
3. Checklist does not match EEA(FM) form's - didn't ask for sponsor's photography; requested copy of sponsor's passport (not even certified).
4. Confusion between PR and ROR - apart from mentioning 'your wish to apply for permanent residence', they are requiring my husband's P60s for the last 5 years as well as my 'statement of accounts from HMRC from the last 5 years'. (I know that wouldn't hurt but still not the requirement for ROR, is it?)
5. Letter from friends stating how they know me and why they believe I should stay in the UK. (that also wouldn't hurt but I don't really see the relevancy for ROR. I'd be more interested in providing a letter from my employer stating how I've found my space in a British company, thus contibuting to the economy).
6. In addition to the contract, when I asked if they needed my husband's address for the divorce petition they were trying to say I'd given it to them together with the marriage certificate, which makes me think they are not too sure about what docs/info they have.

I've emailed to say I'd like to withdraw from their services and requested a partial refund. I didn't mean to be rude or offend anyone but I believe this is something that could hurt my application. Am I being unreasonable or should the facts exposed above be actually worrying? Are they lawfully entitled to keep all the money I've already paid? English is not my first language and I know I am no expert in EU/UK immigration laws, reason I hired them, but that doesn't look right, does it?

Hope someone can shed some light into this, as I tend to overthink and worry too much. I am literally losing my hair over this (and I'm a woman), so please HELP!

Thanks a lot, guys!!!

I would, in the first instance, question why you would use an 'immigration advisor' to process your divorce when it is fairly straightforward to do yourself or with help through Citizens Advice Bureau.

RoR can ONLY be applied for AFTER the decree absolute is issued and divorce is finalised.

I agree CR001 but I didn't want to mess it up doing it myself, as I couldn't get to grips with 'grounds for divorce' - we are in mutual agreement to divorce but I didn't know if unreasonable behaviour would apply, hence asking for advice. Plus, I though they were actually solicitors, and not only immigration advisors (another mistake).

I understand ROR can only be applied after Decree Absolute is issued, and perhaps I was naive to pay them that far in advance. In any case, what are your thoughts in regards to their ROR contract? Am I likely to get my money back or are they entitled to keep it?

Many thanks x

My comment is aimed at the fact that you are using an immigration advisor (your words) who is likely not qualified to deal with divorce like a solicitor would be.

I get your comment and appreciate your input. However, as I mentioned before, it was a mistake that I am now trying to rectify as I was led to believe it would be better if they looked after my case as a whole (divorce followed by ror application).

My main question is to whether or not would I be entitled to a refund, providing that the divorce has not been filed yet.

Also, I would much appreciate if you or any other members could advise in regards to ROR and what their contract stated.

Many thanks!

overthinker wrote:I get your comment and appreciate your input. However, as I mentioned before, it was a mistake that I am now trying to rectify as I was led to believe it would be better if they looked after my case as a whole (divorce followed by ror application).

My main question is to whether or not would I be entitled to a refund, providing that the divorce has not been filed yet.

Also, I would much appreciate if you or any other members could advise in regards to ROR and what their contract stated.

Many thanks!

It's hard to see how you could have a valid contract for a divorce-brief as an OISC-registered advisor will not be qualified to perform such specialist legal work. So the contract may well be null and void or otherwise unenforceable.

Hi noajthan, thank you so much for the information. I did not know OISC-registered advisors were not qualified for that. I'll have a look at the contract I signed.

Thanks again

overthinker wrote:Hi noajthan, thank you so much for the information. I did not know OISC-registered advisors were not qualified for that. I'll have a look at the contract I signed.

Thanks again

OISC registered immigration advisors are not solicitors.

Just for your information and to give you an idea why I commented (and noajthan) as we did, anyone can do an OISC level 1 course in one day and costs roughly £120. You need no legal background at all to be able to do it from Level one to level three, but it only means that the person is qualified (if registered with OISC) to do immigration. They are not legally qualified, i.e. lawyer or solicitor who study at university for many years.

Thank you for clarifying that. To be completely honest, I was not really aware of the difference and I believe they took advantage of that. Now I'll have to wait for their reply and see if I can get at least part of my money back.
Thanks again, guys!