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Theft and Immigration Status

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mike123

Theft and Immigration Status

Post by mike123 » Wed Nov 09, 2005 8:10 pm

Hi there, I should be very grateful for your thoughts regarding the situation described below.


Scenario.
A man had married a woman from Ghana and she settled in this country with him and currently has indefinite stay to leave.

It can be proved that the woman has stolen money from the man by (without his knowledge) using his bank account atm card to withdraw cash up to £250 each occasion.

How would a conviction of theft (as above) affect her current immigration status in the United Kingdom?

The man has put her application for British Passport on hold, pending the outcome of the theft situation.

Thanks very much.

V

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Nov 09, 2005 8:49 pm

How would a conviction of theft (as above) affect her current immigration status in the United Kingdom?
I don't think it would affect her ILR.
The man has put her application for British Passport on hold, pending the outcome of the theft situation.
A conviction for theft might possibly endanger an application for naturalisation.

Is the husband pressing charges against his wife? Has the marriage now broken down? Or are they still living together as man and wife?
John

mike123

Post by mike123 » Fri Nov 11, 2005 10:35 pm

Cheers for your response John.

The man at this moment is not sure what he wants to do. It is very clear that she has been thieving from him, I at this time he does not want to beleive what is happening.

I am advising him to press charges I beleive that he will do so, he has to nip this in the bud, she went off somewhere (London) a week ago, due to arrive home tomorrow.

He is a good deal older than her, I expected this to happen. I feel that it is now important for him to safeguard his wealth etc and get rid of her while he can.

He had confronted her about the theft but she denied it - he has photographs of her using the atm at exactly same time £250 was withdrawn!

V

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Nov 11, 2005 10:59 pm

Clearly, if he has not already done so, he needs to change his PIN and to keep the new one well-hidden, or not even written down at all!

Doesn't it come down to love, or the lack of it? It is surely down to this married couple to decide between themselves what they want to do next. If he does press charges then clearly that effectively means the marriage will be dead. But the Police might hesitate to prosecute. For example, if she says to the Police that her husband asked her to get the money out of the ATM, I suspect that the CPS might not give the go-ahead for any prosecution.

After all, in some marriages, one of the couple will get money out of the other's account, quite often on a regular basis, and then simply hand over the cash when they get home. Who is to say that is not what has been happening here? Not saying it is but hopefully you can see the problem.

Can I ask ... are you related in any way to this man?
John

mike123

Post by mike123 » Sat Nov 12, 2005 6:49 pm

Can I ask ... are you related in any way to this man?

Yea, he is my Dad, hence my concern.

I knew from the start that this would happen, he is on the older side she is on the younger side, comes from a developping country.

I feel that it is important, that now that it is quite clear, what kind of person she is and her clear selfish motive for marriage to my father, that she is gotten rid of asap.

I believe from what I have heard that the marriage is breaking down.

I do appreciate what you state about charging her with theft and that, I really do not know what kind of person she is (other than a thief), thus whether she would agree to the marriage being dissolved on amicable terms etc.

He was looking at the charge of theft as being an option to release himself from this marriage with as little further (financial & emotional) damage as possible.

Thanks John for the information you have provided.

Regards

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat Nov 12, 2005 7:14 pm

Bobber, with respect I think you are too close to this situation. You do not say why your father's previous marriage ended? Your mother died? Or your parents divorced? Either way it is sometimes very difficult for the children of a marriage that has ended to accept that their parent(s) are actually allowed to fall in love again and be happy in their later years.

Could it actually be that your father is very happy with his wife? And certainly wants to forgive and forget what has happened recently? Indeed could it be that the attitude, however well meaning, of child(ren) from a previous marriage is actually making things worse for your father at the moment. Simply ... his loyalties are very torn at the moment.

Accordingly I think you (and any siblings) need to back off from this and let your father make his own decisions about what to do. Or put it another way, if pressure from child(ren) causes your father's marriage to break up, don't just assume that your father will be thankful to you. His reaction could be just the opposite.

Whatever .... a very difficult situation .... be supportive in whatever your father decides ... but let him decide what the decision should be.
John

mike123

Post by mike123 » Sat Nov 12, 2005 8:18 pm

Thanks John,

I am always supportive of my Dad whatever he does, I supported him when he married the woman even though I had my concerns.

And yea, ultimately he calls the shots in regard to what he does in his own life and I am a suprisingly tolerant person and can live with whatever he decides.

I live 300miles away from him and am married meself therefore it is difficult for me to influence what he does. What he does 300miles away has no effect on me anyway.

What really gets my goat is people who abuse others, cheat the system, and abuse UK laws in order to get ahead.

I am all for me Dad spending his life with some woman, but one who respects him and is with him because she loves him.


U have a good weekend :)

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