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Spouse Visa + Marriage Breakdown + Baby

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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jlomath
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Joined: Sun Jul 01, 2012 9:48 pm

Spouse Visa + Marriage Breakdown + Baby

Post by jlomath » Thu Oct 18, 2012 10:16 pm

I am a british citizen married to a non eu national. She is on a spouse visa and it is due to expire in 9 months time,however we now have a 4 month old child.The reason the marriage is in trouble is because i refused two of her requests one was to ban my family from visiting to see the baby second is that i have refused to sign the paperwork for the circumcision. Hence she has informed me that she wishes to abduct the child to her country with her brothers help. I refused to give her the birth certificate she called the police.I then went to see a solicitor the next day who is helping me to get residence and border orders on the child so that he can not be taken outside the UK & she will be summoned to court to give her side after the orders have been enforced which is fine the child is protected from abduction

She claims to have gone into family members phones whilst they were visiting asleep and read emails about her which she says shows that they are evil etc , I have also spoken to the gp about her mental state the gp told me i was trying to have her locked up in a mental home

I know she will now be entitled to live in the UK with the baby which is fine but

I now know that she lied to marry me and get into the uk , she used me in the hope to send money to her family infact i have the western union reciepts i used to send the money stupidly. I also now know that she lied on her paperwork 1)the age on her passport is 5 years more than her real age 2)she used a brand new passport for the visa application when she had another one 3)she did not use the old passport because it has a BANNED stamp in it and she is BANNED from entering the UAE she refuses to tell me what she did there or why she is banned. I have also learnt her sisters live in Greece and all over europe as illegal immigrants & she kept asking when she will get a UK Passport etc

Anyway it seems I married an international criminal I do not know what is true or not anymore and now she has done all this to me and in addition threatening divorce. She is unemployed and has a loud mouth to accuse me of all sorts. There has been no domestic abuse and when she called the Police it was simply because i refused to give her the birth certificate I was in the bath when they arrived.

We live in an unfurnished rented house so i had to furnish it all she now says that i will be thrown out and she will keep all the furniture etc that i toiled for she never gave me a penny, she can't read, write or spell , she went to college which i paid for and did ESOL Level 1 then dropped out all she asks or demands of me is money

My child I know I can secure via the court orders.

My wife what are my options?

If I inform Home Office that she lied and used me with the evidence i have will they care at all?
Do I still have to support her after she is granted leave to remain? I have agreed to pay for my child for the rest of his life its my duty i love him.

I was royally screwed is there anything I can do with regards to her spouse visa? Also am I better off divorcing her first or will i be helping her if i divorce her?

I looked up grounds for divorce i have not done any of these to her i hope someone on this forum can help, i always saw people used in marriages on tv but never thought it would be me
Last edited by jlomath on Fri Oct 19, 2012 8:10 am, edited 1 time in total.

geriatrix
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Re: Marriage Breakdown + Spouse Visa + Baby

Post by geriatrix » Fri Oct 19, 2012 1:55 am

jlomath wrote:My wife what are my options?
If your relationship with your partner breaks down

Whether her leave is curtailed or not is UKBA's prerogative.
She may apply for leave to remain to stay in the UK if she qualifies under any of other immigration categories available but she will need to do that in her own right on her own (without you having to sponsor / support her).


Being an immigration forum, this isn't the appropriate forum to ask for solutions to your marital problems. Consult a family law solicitor.
Last edited by geriatrix on Fri Oct 19, 2012 12:49 pm, edited 1 time in total.
Life isn't fair, but you can be!

jlomath
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Joined: Sun Jul 01, 2012 9:48 pm

Post by jlomath » Fri Oct 19, 2012 8:08 am

Sush I am sorry that I posed too much I was very depressed. Thank you for informing me. Is there any special way of informing the Home Office or just write to them? I really appreciate your response.

If she applies for leave to remain by herself is she entitled to legal aid as a non eea national?

Do I have to tell her she is entitled to apply for the alternative visa?

Will the home office tell her she can apply for another visa?

If she applies as the UKBA website says she needs English Level 3 she only has level 1 & she has no way of financially supporting herself in the UK outside of our marriage can she still be allowed to stay under compassionate grounds?

Is there anything stopping her from just becomming a girlfriend or wife of one of these Polish Mafia Men who sort out marriages then she gets to stay or does she have to annul our marriage first?

geriatrix
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Post by geriatrix » Fri Oct 19, 2012 12:56 pm

jlomath wrote:Sush I am sorry that I posed too much I was very depressed. Thank you for informing me. Is there any special way of informing the Home Office or just write to them? I really appreciate your response.
Click on the link given in my response above.

That is all you need to do or worry about. You need to "stop" concentrating on what she may be entitled to or how she may attempt to stay in the UK or whether she may be allowed to stay in the UK.
Life isn't fair, but you can be!

jlomath
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Posts: 6
Joined: Sun Jul 01, 2012 9:48 pm

Post by jlomath » Fri Oct 19, 2012 1:28 pm

Thank you I have written to them and I am also trying to call them they will be best suited as you say to answer and I am at war here no room for emotions i need to keep a clear head

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Casa
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Post by Casa » Fri Oct 19, 2012 1:29 pm

The only comment I will make here to avoid confusion for other members is that the ESOL qualification is for anyone who's level of English is below Grade 3. They have to show that they have progressed from one level to the next...i.e level 1 to 2...or 2 to 3, on an approved course.

Greenie
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Post by Greenie » Fri Oct 19, 2012 5:20 pm

you need to accept the fact that your wife will most likely be able to stay here given that she has a British child. it is not in your interests for you for her to not be allowed to remain because this may result in her being permitted to leave the UK with the child. The reality is that the family courts in the UK tend to favour the mother and even if you got residence it would be highly unlikely that she would not have shared residence or contact with the child. Going down the route of saying that she lied to get her visa and married you for a passport is not going to do you any favours.

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