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Spouse with failed marriage.

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berkshire1987
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Spouse with failed marriage.

Post by berkshire1987 » Thu Nov 06, 2008 7:05 pm

Ok I have a question? I have heard that someone my Mum works with has some big problems.

He is on a spouse visa and his wife has refused to assist in him renewing the visa. She has moved her boyfriend in to the house. This man has two kids too. Now he faces well faced going home this weekend but he spoke to MP and the HO extended the leave for a short period.

That is all I know but I assume what he wants to do now is apply for ILR after two years of being here, if he has, I assume he has unless he arrived late and needs an extension to complete 2 years. That isn't so clear at the moment. The wife will not sign and say they marriage is subsisting and he doesn't live in the maratial home.

He is in a state as he faced home this weekend. The HO acted on his local MP and he has permission to stay at the moment. I just wondered what would happen? Anyone have knowledge of this case?

I understand if the marriage is over then he can't get ILR but he does have two children and his life is here.

That is all I know about it at the moment. I guess speaking to his MP is a good start but I just wonder what his chances of overcoming this are. He has almost broken down. He risks loosing the right to be with his kids which I believe are British.

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Post by vinny » Thu Nov 06, 2008 7:53 pm

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Frontier Mole
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Post by Frontier Mole » Thu Nov 06, 2008 8:04 pm

Unless he can get a court order granting access to his kids then he is on his way home. They are HIS kids?

berkshire1987
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Post by berkshire1987 » Thu Nov 06, 2008 8:22 pm

Frontier Mole wrote:Unless he can get a court order granting access to his kids then he is on his way home. They are HIS kids?
Yes he is the father of the kids. It is a bad situation but if she is sleeping with this other man does that save him....I have heard if there is domestic violence then things are different.

Legal advise needs to be sought here but would it be worth it....that is the question!

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Post by Frontier Mole » Thu Nov 06, 2008 9:19 pm

Why on earth would it save him if she is sleeping with another man???
As for domestic violence - where does that fit in??

If he does not get a court order to gain access to the kids he has had it. This assumes she is not going to help him out by giving him an informal right of access in a signed document.

How much time has he been given by UKBA?

berkshire1987
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Post by berkshire1987 » Thu Nov 06, 2008 9:30 pm

Frontier Mole wrote:Why on earth would it save him if she is sleeping with another man???
As for domestic violence - where does that fit in??

If he does not get a court order to gain access to the kids he has had it. This assumes she is not going to help him out by giving him an informal right of access in a signed document.

How much time has he been given by UKBA?
I read on another forum that in the case of domestic violence you can apply under SET(DV) and thought there may be something in this case.

I can't remember how long but I'm sure it was 14 days.

Now I have read through all the immigration rules (paragraphs 246-248F) it appears he can apply for a 12 months visa. However, he needs, as you said, the court order, as well as meeting other requirements like funds, place to reside etc. Then after completing the 12 months he is eligible for ILR.....? Does that sound sort of right?

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Post by Frontier Mole » Thu Nov 06, 2008 9:39 pm

If he does not have evidence of applying to the court for the order then he will not get another chance. He will be on the plane before he knows it.

Forget DV how can he qualify - are you saying he was beaten by his wife? Unless there is prior evidence, police reports etc then I do not see what you are getting at. Are you suggesting claim DV to stall his departure? Not a good idea.

You have got the right rules and ILR could be granted after one year. Be careful on this point as the frequency of visits and/or over night stays is important.

Does he work and have accommodation etc?

berkshire1987
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Post by berkshire1987 » Thu Nov 06, 2008 9:52 pm

Frontier Mole wrote:If he does not have evidence of applying to the court for the order then he will not get another chance. He will be on the plane before he knows it.

Forget DV how can he qualify - are you saying he was beaten by his wife? Unless there is prior evidence, police reports etc then I do not see what you are getting at. Are you suggesting claim DV to stall his departure? Not a good idea.

You have got the right rules and ILR could be granted after one year. Be careful on this point as the frequency of visits and/or over night stays is important.

Does he work and have accommodation etc?
No no, there is no violence in his case but I wondered if, like domestic violence, there is anything for this situation where the other half is at it with another person whilst married.

When he receives the order, I would imagine he should submit copies of the application for the order (C1) and other forms between him and the court. As well as a copy for application of child maintenance with CSA.?

Oh yeah he works and rents now so he will have his tenancy agreement.

The correct UKBA form to apply for this visa would be FLR(O) right?

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Post by lesley15 » Thu Nov 06, 2008 10:21 pm

What country is he from????
Her having another partner is no grounds for DV,where they split before she met other bloke or split cause of other bloke?? her having another bloke only means he could divorce her on grounds of adultery and thats it really.
If they are no longer living together doesn't that make his spouse visa invalid which also means his permission to work invalid ?, i ask because i have heard of someone else in this situation and they are trying to swop spouse visa for work permit.

berkshire1987
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Post by berkshire1987 » Thu Nov 06, 2008 10:28 pm

Her having another partner is no grounds for DV
That wasn't what I meant in any way shape or form. I know what DV is! I wanted to know if there was somethig that covers this case under her committing adultery! Don't worry about it anyway there clearly is not!

The route as discussed above I will inform him of as he is unaware.

He heralds from the Philippines and his visa was due to expire this weekend. Extended by HO through MP

berkshire1987
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Post by berkshire1987 » Fri Nov 07, 2008 4:21 am

I have asked my Mum more questions regarding his stay in the UK so far. When she said almost 3 years it got me thinking. And I asked more about his wife and the two kids.

The kids are his but they are not British Citizens. The wife is here on a WP and works as a nurse; he is here on the spouse visa. The first 3 years is up for them all but the wife will not sign for his FLR.

I assumed that his wife was British as my Mum said the kids were, but they are all Philippine Nationals. The kids are 14 and 16.

So as the kids aren't permanent residents or British Citizens he can't get Leave to Remain under rules of exercising his rights for access to the children. The requirement is that the children hold ILR or BC. So, really, he has nowhere to go, apart from the Philippines.

I guess he could always take the kids back home and I'm not sure why he doesn't - depends on the implications in Philippines I guess. He doesn't want go home as he is over 50 and had no life there hence why they moved here. I know that he probably really has no choice but to go home. It is a case of what he wants and what he gets are two things!

He has found paperwork where the wife has mortgaged the house with him on the mortgage. This is without his consent.....I'm thinking this is illegal and enough for her WP to be cancelled?

Now with all that said the MP is still looking in to it, but I can't see what he/she can do for him. However, the MP at this stage has managed to obtain a temporary extension for him.

Not much that can be done is there really....I don't think so anyway!

Sorry for the initial confusion :(

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