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Marriage gone wrong

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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sirpsychosexy
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Marriage gone wrong

Post by sirpsychosexy » Tue Mar 16, 2010 2:43 pm

Since my wife with her new Spousal Visa, her attitute has changed and i can no longer bear to live with her. The marriage is over, and divorce proceeding will begin when i have finances in place. In the meantime she is making my life a living hell, and i just wish i could get her removed from this counrty. I have written and email UKBA to say that marriage is over. When i did speak to somebody they said that her right to remain was because of our marriage, and if it has ended then she must return to the States. Do they ever act on this? Or do i just have to put up with her? Any responses will be much appreciated. Is there anything else i can do. Chris.

mochyn
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Post by mochyn » Tue Mar 16, 2010 2:51 pm

Has she been granted ILR?

sirpsychosexy
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Post by sirpsychosexy » Tue Mar 16, 2010 2:55 pm

Granted two year right to remain. No more than that.

Wanderer
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Post by Wanderer » Tue Mar 16, 2010 3:04 pm

How long married? U have to wait a year before divorce can take place.
An chéad stad eile Stáisiún Uí Chonghaile....

sirpsychosexy
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Post by sirpsychosexy » Tue Mar 16, 2010 3:08 pm

We have been married since 2004, but she didn't settle here the first time, then we tried again so this is second VISA which was granted in Oct 09.

Wanderer
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Post by Wanderer » Tue Mar 16, 2010 3:36 pm

My advice is to look after yourself here, divorce and leave it, with regard to leave here the UKBA will either deal with it or leave it, either way it's out of ur hands.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Post by Casa » Tue Mar 16, 2010 3:42 pm

The Home Office may not get around to actually removing her, but if it's on record that you are no longer together, if she leaves the UK, she'd likely to be refused entry on return.

sirpsychosexy
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Post by sirpsychosexy » Tue Mar 16, 2010 3:42 pm

Thanks, it would be nice if UKBA would at least acknowledge that they are aware of the situation and have paperwork i sent them. Nor can i speak to them direct, just the general enquires line.

mochyn
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Post by mochyn » Tue Mar 16, 2010 5:28 pm

Since she has limited leave to remain she needs your signature to apply for unlimiTed leave to remain after the 2 years is up .Not having cohabited with you means that at the end of her 2 years she no longer has the right to live in this country so she will be illegal and will be expected to leave the UK.
She will not be allowed back in

UKBA will not tell you what will happen

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Casa
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Post by Casa » Wed Mar 17, 2010 9:12 am

Technically, her visa is already invalid.

immigrationuk2009
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Post by immigrationuk2009 » Wed Mar 17, 2010 9:24 am

Casa wrote:Technically, her visa is already invalid.

But she can stay in uk till her visa expire or home office terminate her visa and issue removal direction.But remember if home office terminate her visa she has a right of appeal.

One more technical thing if her visa is remaining less then six month then home office would not remove her even you complain.Most people dont know that.


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Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


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Casa
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Post by Casa » Wed Mar 17, 2010 11:10 am

Technically she can't remain in the UK until her current visa expires if the marriage is no longer subsisting...but the HO may not get around to removing her.

immigrationuk2009
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Post by immigrationuk2009 » Wed Mar 17, 2010 8:21 pm

Casa wrote:Technically she can't remain in the UK until her current visa expires if the marriage is no longer subsisting...but the HO may not get around to removing her.

Wrong with respect.

She can remain in Uk until she has been informed by home office that her visa is terminated and she should leave.Otherwise No problem


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Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


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Post by Casa » Thu Mar 18, 2010 11:56 am

I think we'll have to agree to disagree. She is presently in the UK with an invalid visa.

immigrationuk2009
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Post by immigrationuk2009 » Thu Mar 18, 2010 1:03 pm

[quote="Casa"]I think we'll have to agree to disagree. She is presently in the UK with an invalid visa.[/quote

Agree to disagree? what that term?

Ok I accept please provide me a single link which says this?

In simple words logically invalid visa but practically she has no problem unless home office informed her.
Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


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bbbb
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Post by bbbb » Thu Mar 18, 2010 3:36 pm

Hello

That is sad but I would to hear the orther side of the story.

After 6 years she may be a bit bored or tired of u . U have to entertain her AGAIN. I mean show some love.

Wanderer
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Post by Wanderer » Thu Mar 18, 2010 3:52 pm

immigrationuk2009 wrote:
Casa wrote:I think we'll have to agree to disagree. She is presently in the UK with an invalid visa.[/quote

Agree to disagree? what that term?

Ok I accept please provide me a single link which says this?

In simple words logically invalid visa but practically she has no problem unless home office informed her.
Irrespective, the marriage is over, the visa is null and void, the person in question is per se in the UK on an invalid visa.

No need for a link, no valid visa, no LTR, simples.
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by batleykhan » Thu Mar 18, 2010 5:37 pm

Just to throw a spanner in the brickwork. These couples are legally not divorced yet ( but proceedings have begun). They have thus far just seperated ( marriage breakdown).

What would happen if by any chance that they make up, forgive and forget and decide to live together for good before her 2 yrs visa expires.

What is the status of the wife then? . Remember her visa has yet not been revoked, but she has been reported to HO of her circumstances

Is she here illegally simply because her boyfriend has reported her to HO.

what would happen if be unknown to HO they canceled her visa and came to put her on a plane back to USA only to find out that both are happy?

Casa /UK_Banned_Member, you are both right in what you are saying, its just that you are saying it a different way

Does that make sense? Or is it just me? :?

immigrationuk2009
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Post by immigrationuk2009 » Thu Mar 18, 2010 5:55 pm

batleykhan wrote:Just to throw a spanner in the brickwork. These couples are legally not divorced yet ( but proceedings have begun). They have thus far just seperated ( marriage breakdown).

What would happen if by any chance that they make up, forgive and forget and decide to live together for good before her 2 yrs visa expires.

What is the status of the wife then? . Remember her visa has yet not been revoked, but she has been reported to HO of her circumstances

Is she here illegally simply because her boyfriend has reported her to HO.

what would happen if be unknown to HO they canceled her visa and came to put her on a plane back to USA only to find out that both are happy?

Casa /UK_Banned_Member, you are both right in what you are saying, its just that you are saying it a different way

Does that make sense? Or is it just me? :?

Thanks Khan for partial and rational advice.I was saying all this because I have been through nearly similarly situation.I have personal experience of all this...But nobody is listening just saying.

Unless home office revoke her visa she can stay in Uk without any problem.And if her visa is remaining less then six month home office will never revoke her visa.I have a home office letter which confirm this information.

I have said enough so I am out.

What they belive is what they belive..Not me

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Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


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immigrationuk2009
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Post by immigrationuk2009 » Thu Mar 18, 2010 5:57 pm

Wanderer wrote:
immigrationuk2009 wrote:
Casa wrote:I think we'll have to agree to disagree. She is presently in the UK with an invalid visa.[/quote

Agree to disagree? what that term?

Ok I accept please provide me a single link which says this?

In simple words logically invalid visa but practically she has no problem unless home office informed her.
Irrespective, the marriage is over, the visa is null and void, the person in question is per se in the UK on an invalid visa.

No need for a link, no valid visa, no LTR, simples.

No need for link or guideline so who l would belive you.

You are nothing just a wrong thought.


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Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


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PaperPusher
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Post by PaperPusher » Thu Mar 18, 2010 8:49 pm

The visa stays valid until it is curtailed.

The policy on curtailment is on the UKBA website I believe.

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