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Advice on marriage breakdown required, pls

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Aarushi73
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Advice on marriage breakdown required, pls

Post by Aarushi73 » Mon Apr 30, 2018 10:18 am

Unfortunately the relationship with my non-EU husband has broken down. He is currently 3 years along the 5-year route to settlement, and I am his sponsor. About a month ago we agreed that he would return to India and that I would support him financially until a divorce was finalised.

He is now saying that he intends to stay with friends and continue working here in the UK until his visa runs out. We are still on fairly good terms so I do not want to fall out with him, but I am of the understanding that he is not allowed to do that once the relationship ends? Also, as his sponsor, am I obliged to inform the home office that we are no longer together?

Thanks for helpful advice.

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CR001
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Re: Advice on marriage breakdown required, pls

Post by CR001 » Mon Apr 30, 2018 10:36 am

You are obliged to inform HO that the relationship is no longer subsisting on the required form. His visa will likely be curtailed/cancelled.

https://www.gov.uk/government/publicati ... nsent-form
Char (CR001 not Casa)
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Obie
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Re: Advice on marriage breakdown required, pls

Post by Obie » Mon Apr 30, 2018 10:46 am

I will not say "obliged" to do so . OP is not required by law to inform Home Office and there is no penalty as far as I know, for failing to do so.

I accept there are facilities in place to report breakdown and consent form to be signed if you want Home Office to use the information. But I do not think there is any particular sanction for failing to do so.
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Aarushi73
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Joined: Mon Apr 30, 2018 10:12 am
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Re: Advice on marriage breakdown required, pls

Post by Aarushi73 » Mon Apr 30, 2018 12:11 pm

Thank you for your feedback. Clearly there's some conflicting information here but I believe that CR001 is correct, as this is what I'd previously understood. His right of residency is based on my agreement to provision of support. Once he leaves the marital home I will no longer have knowledge of his whereabouts etc, and it's my concern that if he then overstays his visa or breaks the law then I might be, in some way, held accountable. I will inform HO in due course.

Obie
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Re: Advice on marriage breakdown requireid, pls

Post by Obie » Mon Apr 30, 2018 12:28 pm

My post should in no way be read as stating you should not inform the authorities. That is within your wish and I was not seeking to say you should do otherwise.
I was simply pointing out a legalistic position. That a person is not obliged by law to do so.

I will welcome anyone to highlight a law which says you must do so and obliged to do so.

You may feel you wish to do so and I do not have any issues with that. In fact it may be morally right to do so as you do not live with him or in a relationship with him.

My simple point is, there is no legal obligation to do so, not in the law books, as far as I can see anyway.
Smooth seas do not make skilful sailors

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