Spouse Visa Seperation

Hi folks i have a similar question here on behalf of one of my colleague who is British citizen basically he married and bring his wife here on settlement visa but within just 2 months of living in u.k they are separated and his wife is trying to get money out of him which he has some saving in his account kept even before the marriage . and she is also threatening him that he will be liable to pay her maintenance cost what so ever until the time she will stay in U.K .

My question is what does law say ? is it solely fall on British sponsor to pay for her Maintenance costs even they split up ??? though her intentions were dodgy and The sponsor already had informed to police that he is not sure that she is here to live with him or just for visa well before the separation .

secondly can she get the share from his savings in the bank ?

Can she stay here even it was her choice to end the relationship ?


plz explain

Thanks

Casa wrote:Be aware that under British law, your wife and child will have certain rights in regard to financial support (maintenance) provided by you and not from State funds. Also the sharing of joint assets in the event of a divorce. This link may help you both:
https://www.citizensadvice.org.uk/relat ... -marriage/

Not really an immigration issue is it. Maintenance and division of assets will all depend on the agreement reached during the divorce process and if they are married with a prenuptial agreement or not.

Your friend has an obligation to inform HO that the relationship is no longer subsisting and that he is no longer supporting/sponsoring her visa. Her visa will likely be curtailed and she won't be able to extend her current visa.

https://www.gov.uk/government/publicati ... nsent-form

CR001 wrote:Not really an immigration issue is it. Maintenance and division of assets will all depend on the agreement reached during the divorce process and if they are married with a prenuptial agreement or not.

Your friend has an obligation to inform HO that the relationship is no longer subsisting and that he is no longer supporting/sponsoring her visa. Her visa will likely be curtailed and she won't be able to extend her current visa.

https://www.gov.uk/government/publicati ... nsent-form

Thanks CR001 few things more need to be known that she is planning to apply for Domestic violence application as she called in the police before leaving the house . no arrest was made because police informed that due to verbal argument it was police attendance . she only lived 2 Moths together with my friend and just been 2 months since entered u.k God knows in his absence she may attended GP to make stress or depression proofs or any others before she planned this police drama and also not aware what allegations she gave to police when they took her to police station .

my question is can she be able to get ILR based on these things ?

what steps my friend should take regarding her visa ? does he should inform the reason to UKVI that this girl has only used him just for visa ? does he should attend police station and show them e mail conversation between them in which it clearly explains that he provided every thing she needed and never been controlling , violent or any sort of other major issue which should lead her to be call in police and separate . instead e mail explains that she has forced him for most of things .? all she is blaming in e mails is that she been very stressful and been verbally abused .

thanks

layla1234 wrote:
what steps my friend should take regarding her visa ? does he should inform the reason to UKVI that this girl has only used him just for visa ? does he should attend police station and show them e mail conversation between them in which it clearly explains that he provided every thing she needed and never been controlling , violent or any sort of other major issue which should lead her to be call in police and separate . instead e mail explains that she has forced him for most of things .? all she is blaming in e mails is that she been very stressful and been verbally abused .

thanks

A few problems here, but I'll focus on the following:

"does he should inform the reason to UKVI that this girl has only used him just for visa ? "

This will be problematic, a crucial part of the spouse visa application is proving that this is not case i.e. a marriage of convenience. Your "friend" will be just as guilty in this case if he takes that route. As mentioned earlier, as to the claims your "friend's" spouse is making, the veracity of those claims can only be determined within court, of course. To prove a certain claim put forth is true, it requires proof obviously. Whether she can bring forth the proof is another matter, but, it certainly is not an immigration matter, for that specific context!

One final note, it takes more than one person to make a mistake. What I mean by that is, there's no innocent person in this case, both are just as guilty as one another. You would be wise to remember that!

For a domestic violence route to ILR, there has to be substantial supporting evidence of the abuse and help the 'victim' sought. Just a say so and a single police attendance is not sufficient.

CR001 wrote:For a domestic violence route to ILR, there has to be substantial supporting evidence of the abuse and help the 'victim' sought. Just a say so and a single police attendance is not sufficient.

Thanks croo1

My friend came to know by her wife that she has already informed UKVI about the seperation and had applied for DV application she has also gone to women refuge after a while of living with her relatives . she said that she has informed UKVi that my friend previous marriage was also abusive and on that basis she will get ILR .#

there are few questions need to be asked

She has informed UKVI about seperation but my British Friend he did not informed anything to UKVI till now will it be an issue for him ? as he is trying to reconsile .

As she is seeking women refuge after a week of seperation it means she is arranging proofs for her application to show victim and if she go to police again and make allegations against him which she did not mentioned on earlier attendance will they be effective and will my friend will be informed for further allegations made on later stage ?

on ther offer of reconcile she is asking my friend to write a letter and admit that you abused me verbally imotonally and sechlogical and send it to UKVI . while my friend donot want to write anything because there were only verbal arguments between both and nothing much serious like physical voilence abduction , controoll or anything . for example if he by force write and sign such letter what will be the legal standing of this under pressure signed letter as also there is no gurantee that after obtaining such letter she will only use it to make her application sucessfull and not reconcile . ?

First of all your friend should resolve that issue by involving parents/relatives of her in back home and if still the issue not fix then better to report Home office along with her intentions. Women refuge centre or any other centre can't do anything without getting evidence and in now a days they may even not waste their time in cases where no proof. Your friend should also record her voice asking/forcing for admitting domestic violation and other proof and lodge a case of blackmailing. If your friend savings/assets before the date of marriage in his own name then even through divorce she can't get any share but as a precaution if your friend can then simply transfer his savings back home if he feels insecurity here. Domestic violation cases not always succeed. Your friend is British who has far more rights then get so don't need to be puzzled or afraid. But preferably try to resolve matter informally by using back home relatives/parents first.

All that is relevant in this forum is that spouse notifies UKVI/HO of relationship breakdown.

If friend wants more then register on forum.
Same applies for estranged spouse.

Its pointless second-guessing what all these 3rd parties are up to when it seems they hardly know each other.
After all marry in haste, repent at leisure.

And regarding hiding of assets & etc that is borderline dodgy and is miles away from being an immigration matter. See a divorce lawyer pronto.

layla1234 wrote:

CR001 wrote:For a domestic violence route to ILR, there has to be substantial supporting evidence of the abuse and help the 'victim' sought. Just a say so and a single police attendance is not sufficient.

Thanks croo1

My friend came to know by her wife that she has already informed UKVI about the seperation and had applied for DV application she has also gone to women refuge after a while of living with her relatives . she said that she has informed UKVi that my friend previous marriage was also abusive and on that basis she will get ILR .#

there are few questions need to be asked

She has informed UKVI about seperation but my British Friend he did not informed anything to UKVI till now will it be an issue for him ? as he is trying to reconsile .

As she is seeking women refuge after a week of seperation it means she is arranging proofs for her application to show victim and if she go to police again and make allegations against him which she did not mentioned on earlier attendance will they be effective and will my friend will be informed for further allegations made on later stage ?

on ther offer of reconcile she is asking my friend to write a letter and admit that you abused me verbally imotonally and sechlogical and send it to UKVI . while my friend donot want to write anything because there were only verbal arguments between both and nothing much serious like physical voilence abduction , controoll or anything . for example if he by force write and sign such letter what will be the legal standing of this under pressure signed letter as also there is no gurantee that after obtaining such letter she will only use it to make her application sucessfull and not reconcile . ?

I don't quite understand you or your friend. If a person you love accuses you of those things then that is wrong, if it was not done, and it makes no sense for his to acknowledge it.

If your friend/you was beating his/your wife or humiliating her, then that is wrong. He needs to seek anger management before reconciliation, especially if this was the basis for the last relationship breakdown.

You or your friend needs to understand it is not acceptable for one to treat the person they claim to love in that way.

I do suspect that if this was a false allegation, then there is not reason for your friend to be eager for reconciliation.

Immigration issue aside if your mates spouse is trying to make serious false accusations against him and even called the police ... then reconcilliation would be stupidity. Just move on, life is too short to be wasted on such nasty individuals

Hi folks

Can some one let me now How long it take to get Decision for Domestic Voilence application theses days ?

Can some one work if the application is in process ?

thanks