Is it possible to deport a spouse ?

[Dermot]

hi, can somone help ?

If a guy came into this country as a fiancee', then got married, then got the visa status changed to enable him to work and subsequently is granted a two year visa...(bet you can prbly guess the next bit)...then decides he doesn't want anything to do with his wife and wants to move out of town to live with his mate and get a job there. Can the wife apply for him to to be deported ???

If so, is there a form or something she needs to submit with his passport ?[/u]

[MWazir]

Am afraid you cannot use immigration laws as a way to settle personal scores. If he is in the country on a valid visa then he has the right to stay here. He is not legally seperated from his wife, is he?

[John]

Dermot, MWazir is right! No way does the spouse have any right to get the visa holder deported.

However that holder of the two-year visa has a problem ... how to get their ILR near the end of their current visa? Now that they are no longer living with their spouse that could be a real problem.

How long to go before the two years expires?

[Dermot]

Thank you for your post.

He came as a fiancee in June 2005 and his civil wedding took place at the end of July 2005. His passport status was changed in October...i'm assuming the two years are counted from the point of entry in this country (June 2006?).

As yet, they have not legally seperated.
I realise he won't get his ILR as they won't be living together but surely if he's gone ahead with the marriage with a view to a passport - there must be something that can be done ?

[John]

I would say that the two-year spouse visa started in October 2005 and thus will expire some time in October 2007.

I realise he won't get his ILR as they won't be living together but surely if he's gone ahead with the marriage with a view to a passport - there must be something that can be done ?

The problem is getting the proof of that! .... that there never was an intention to live permanently with his wife. However it is totally possible that when the visas were applied for he had every intention to live with his wife. But things have not worked out between the two of them.

It is presumed that the marriage has been consummated? If not that might cast a doubt on his intentions.

Do appreciate he will not get a British Passport without first getting ILR, and how is he going to do that? In the absence of domestic violence towards him, documented by the Police, he is going to struggle to get his ILR.

[Dermot]

Thank you, John.

I spoke to the Home Office and someone at the IAS about this and have been informed the wife needs to inform the home office about the breakdown of marriage.

It'll then be upto them whether they do anything about it as techically speaking it's a breach of his visa (as he came here to marry)In reality though unless he comes into contact with the law (for the wrong reason) they might just sit on it and at the point he applies for his ILR - they'll have grounds to refuse it.

Thanks again for your time.