Cancellation of work permit dependant visa please help

Hello there,
I need some advice. I brought my wife over from India earlier this year on a work permit dependant visa...however she is not happy with me and neither am I living with her due to a lot of reasons, primary being that she got married to me just to get to the UK. I am planning to take her back to India and file a divorce.
Can anybody advice me of the procedure that is involved in cancelling her Visa once I get her to India? What do I need to do?

Thanks in advance,

gen_2004

Sorry to hear your marriage is not working out. From an immigration point you choices are:

1. Write to the Home Office in Croydon stating that your marriage is no longer subsisting, the date this happened, your divorce proceedings and that you are no longer sponsoring your wife as a dependent. You would have to include both of your passports or if this is not possible visa details i.e. copies of the relevant WP/ WP dependent stamps. The Home Office will then write back with details of dependent visa revokation and when your wife would have to leave the UK. Note that if you are living together the Home Office (they are IMHO likley to conduct a home visit) will question your statement that your marriage is not 'subsisting' and consider your letter to be frivolous - do you still live together?

2. Go to India as planned - write a similar letter to 1 addressed to the ECO. He/she will revoke the dependent visa which will no longer be valid fo re-entry into the UK.

3. Don't expect either Home Office or ECO visa revocation to be insantaneous. Revokation is easier/ more straightforward where you are already divorced. If this happens before you write the letters then enclose the divorce certificates (final not preliminary ones) as evidence that your marriage is no more.

Hope things work out for both of you.

Dear Kalyami,

Thanks for your prompt reply...yes we are still living together in the UK and for certain reasons, I can't go for option -1 as you have suggested. So, I have to go to India as you have mentioned.

I think that I'll have to write a letter addressed to the ECO when I am in India, enclosing preliminary divorce papers...am in touch with lawyer in India to find out what is entailed for the divorce...however since divorce proceedings there take time(divorce by mutual consent may take up to a year!), is there any way of ensuring that she does not come back to the UK before the divorce is finalised? How long might the ECO take?

Thanks and Regards,
gen_2004

gen_2004 wrote:I think that I'll have to write a letter addressed to the ECO when I am in India, enclosing preliminary divorce papers...am in touch with lawyer in India to find out what is entailed for the divorce...however since divorce proceedings there take time(divorce by mutual consent may take up to a year!), is there any way of ensuring that she does not come back to the UK before the divorce is finalised? How long might the ECO take?

Your wife can enter the UK at any time during the validity of her visa. The ECO may or may not accept the preliminary divorce papers as evidence of the relationship breaking down - IMHO he/she is likely to want a sworn affidavit in addition detailing the date the marriage stopped subsisting and categorically stating that you are no longer her sponsor and don't intend to live with her in the UK. Not sure how long a revokation would take in India but don't expect anything much before 6-8 weeks of you contacting the ECO.

gen_2004,

Really sorry about this...

If it has reached an unreconcileable (sp) situation - then go ahead with the divorce and just leave her to get on with her life

No need to involve HO/ECO unless absolutely necessary

All the best mate!

Kayalami,
Is it possible for gen_2004 to take his wife by force to India?
If his wife approaches the Home Office and gives them "her" version (so far we have "his" version) of the story, things could become quite complicated.
In the past, people of South Asian origin have been involved in using this form of blackmail where one partner threatens to get their spouse deported or have their visa cancelled.

bkhan wrote:Is it possible for gen_2004 to take his wife by force to India?

No one can be 'forced' to travel against their will as per my understanding of your Q.

bkhan wrote:If his wife approaches the Home Office and gives them "her" version (so far we have "his" version) of the story, things could become quite complicated.

As always there is more these situations than meets the eye/ what we have been told. The wife is in the UK as the dependent spouse of a WP holder. From an immigration as opposed to a moral point of view her stay in the UK is dependent on the subsistence of the marriage. The Home Office have to revoke her visa if they are informed the dependency is no more - however they are likely to take action once a divorce is finalised because then there is no turning back. The wife can apply to remain in the UK under other aspects of the immigration rules e.g. as a student etc.

bkhan wrote:In the past, people of South Asian origin have been involved in using this form of blackmail where one partner threatens to get their spouse deported or have their visa cancelled.

Regretably this is common in many countries.

Dear all,

thank you for your feedback...just for the record, there is no blackmail or coercion involved. A divorce is not a simple thing to consider and take a decision on. My wife and I are looking at various ways of ending the marriage with minimum repurcussions for both parties. I was looking for information with respect to the immigration point of view which Kalyami has so kindly provided.

Thanks again.
gen_2004

No one can be 'forced' to travel against their will as per my understanding of your Q.

Exactly. But the impression I got from gen_2004's post was a bit different.

gen2000 wrote:

Hello there,
I need some advice. I brought my wife over from India earlier this year on a work permit dependant visa...however she is not happy with me and neither am I living with her due to a lot of reasons, primary being that she got married to me just to get to the UK. I am planning to take her back to India and file a divorce.
Can anybody advice me of the procedure that is involved in cancelling her Visa once I get her to India? What do I need to do?

Thanks in advance,

gen_2004