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subject
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please help me

Post by subject » Fri Sep 08, 2006 2:16 pm

Please see if you can help me, complicated scenario

My wife did not complete her 2yrs probationary period, (settlement visa), the marriage broke down. So which means she should legally return to her own country. But she has found a loophole in order to get her self a stay, if you plead domestic violence that’s the reason why the marriage broke down and that’s the reason why she left, then she would get ILR. Police have investigated, found out that it was all lies. She has lied to the home office in order to get a stay in the UK, which means she has tried to get ILR in the UK by deception.
Another thing is that I have a child involved, could she get stay because of the child even though she tried to get ILR by deception. I think she might also try to breach the human right act meaning she in danger of her home country, go through the asylum seeker route.

1) what will happen to her?
2) how is she receiving public funds?
3) what kind of organisation are funding her?
5) She tried to go through the domestic violence route, no criminal proceeding were took place, what will the home office do to her, will she be charged, etc?
4) how to I get access to my child?, (tried child custody), no response, like talking to a brick wall.



Please could any one help me

Thank you
Last edited by subject on Fri Sep 08, 2006 7:43 pm, edited 1 time in total.

London coool
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Re: please help me

Post by London coool » Fri Sep 08, 2006 9:08 pm

subject wrote:Please see if you can help me, complicated scenario

My wife did not complete her 2yrs probationary period, (settlement visa), the marriage broke down. So which means she should legally return to her own country. But she has found a loophole in order to get her self a stay, if you plead domestic violence that’s the reason why the marriage broke down and that’s the reason why she left, then she would get ILR. Police have investigated, found out that it was all lies. She has lied to the home office in order to get a stay in the UK, which means she has tried to get ILR in the UK by deception.
Another thing is that I have a child involved, could she get stay because of the child even though she tried to get ILR by deception. I think she might also try to breach the human right act meaning she in danger of her home country, go through the asylum seeker route.

1) what will happen to her?
2) how is she receiving public funds?
3) what kind of organisation are funding her?
5) She tried to go through the domestic violence route, no criminal proceeding were took place, what will the home office do to her, will she be charged, etc?
4) how to I get access to my child?, (tried child custody), no response, like talking to a brick wall.



Please could any one help me

Thank you
Let me give you the ideal scenario of what should happen to your wife.Your wife's details would have been handed over to a Local Enforcement Unit of UKIS, reporting restrictings should be set up for her sign periodically, removal directions should have been put in place for a deportation to her home country.

Even if she claims asylum her previous immigration history of deception will count against her. If she could not tell the truth about her domestic violence claims how can they believe her asylum claims? Anyway, her asylum application would have been fast tracked leading to removal.

She may want to claim Human Rights Article 8 right to family life to stay in the country. But since she is no longer in a marriage relationship and the HO view would be that she can enjoy the same rights with her son in her home country too.

If you think that your son would not be properly looked after by your wife, then you can apply to the Social Services for an intervention.

*Your wife should not be entitled to public funds as it is part of the conditions of the visa, although she could get Legal Aid if she went to the Citizens Advisory Bureau. There are lots of Charities that support Victims of domestic violence and may be financing her, but once they learn that her HO case has been refused based on deception they may withdraw aid/financial support.

subject
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Joined: Fri Sep 08, 2006 1:23 pm

Post by subject » Fri Sep 08, 2006 9:34 pm

She has gone to social workers before me and made up the allegations in order to get a stay, criminal investigation has took place, noting has been found, so which means she broke the act of immigration, trying to get ILR in the uk by deception, (please someone correct me if that is wrong). Social worker have took her side. So I did not get charged, they knew straight away that my spouse is lying, interview lasted no more than 15 mins. Its been 4 months I have not heard from them, at the end of NOV 06 her visa expires.

1) so will she be with social worker, or moved on?
2) So what will the home office be thinking of this?
3) should I write another letter to home office, and what I include, (I think the police officer has sent the report to HO)
4) how do I get my child back, has she broken any laws because I have been falsely accused and my child has been taken away, (I think they know that know)?
5) How could I take criminal preceding against my wife for keeping my child away?

ppron747
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Location: used to be London

Post by ppron747 » Fri Sep 08, 2006 10:03 pm

Subject, I think you need to seek individual legal advice. This is too sensitive a matter to be dealt with in a forum such as this.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Sep 08, 2006 10:25 pm

I agree with Paul ... ppron747 ... and accordingly I am going to lock this topic.
John

Locked