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The court declared sham marriage

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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dianaro11
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Posts: 1
Joined: Thu Mar 26, 2015 3:16 pm

The court declared sham marriage

Post by dianaro11 » Thu Mar 26, 2015 3:40 pm

Hello
I am romanian national and married to a pakistani since March 2011. Because of better job oportunities i decided to move to Germany and once i would be settled there with a job and a house, i would bring my husbant as well. While i was in Gemrany my husbant was supposed to support me financialy until i found a job. Meanwhile he changed his mind that he doesnt want to come to Germany, and after a phone call conversation we exchanged some messages on the phone which Home Office have seen after a control in the restaurant where my husbant works. HO took us to court which decided that our marriage is a sham.
HO revoked his residence card and i think the decision is that he would have to leave the UK. He got scared and run away to Irland (stupid decision i would say). i stood for him all these years in our countinuous fight against HO, but i cant do it anymore.
I am no more in the UK, i cant contact our lawyer. i cant receive any letter to know my status or what is happening.
if someone could help me with some informations, my questions are:
what could now happen to me? would it be a charge against me? if yes, would that affect me here in Germany?
is our marriage revoked or will be revoked? or i would have to make a divorce in the future?
Do i have to get a lawyer for my situation?


Thank you

deathgaze1
Newly Registered
Posts: 22
Joined: Mon Jan 26, 2015 12:40 pm
Pakistan

Re: The court declared sham marriage

Post by deathgaze1 » Fri Mar 27, 2015 12:36 pm

If your marriage was not a Sham, and you supported each other and lived together for a certain amount of time, you should be appealing the decision? Why didn't you go down this route? This is probably the best route to take for both your self and your husband if your marriage is genuine.

Problems happen in relationships and couples fight all the time. A few texts shouldn't be evidence that the marriage is sham. Of course unless the content of the texts claimed that the marriage was a sham.

It should have no effect on you in Germany.

I am not sure about the other questions, please wait for some other member to reply.

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 11:59 am

Re: The court declared sham marriage

Post by ouflak1 » Fri Mar 27, 2015 2:44 pm

Your marriage is still legal and binding. It's just the UK doesn't recognize it. If you wish to stay married, stay married and live your lives as you see fit, even if that is apart. There is nothing strictly illegal about the government deciding you have a sham, so no, there will be no charges ever (no charges exist). Good luck.

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 12:47 pm

Re: The court declared sham marriage

Post by askmeplz82 » Fri Mar 27, 2015 8:38 pm

how the court decided it is SHAM MARRIAGE. what evidence home office provided to the judge ? why would home office check his phone ? He was arrested ? i don't understand

i have been approached so many time by enforcement officer from home office in the london underground , they only ask my name , date of birth and my wife name. they then check in the system and let me go
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 6:23 am

Re: The court declared sham marriage

Post by member » Tue May 26, 2015 7:23 am

I wonder in this case, the wife has moved to Germany while her husband is still on his EEA RC in the UK. It means his wife no longer exercises treaty rights in the UK. Does his EEA RC automatically become invalid?

sabastine
Newly Registered
Posts: 2
Joined: Tue Jun 02, 2015 8:34 am

Re: The court declared sham marriage

Post by sabastine » Tue Jun 02, 2015 8:51 am

yes if the wife left the uk more than 6 month after the eea rc that mean she no longer ex her trty right in uk so the husband have to leave the uk aswell if you read the letter that come with your rc is mention there

wish_uk
Member of Standing
Posts: 258
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: The court declared sham marriage

Post by wish_uk » Sun Dec 27, 2015 6:16 pm

ouflak1 wrote:Your marriage is still legal and binding. It's just the UK doesn't recognize it. If you wish to stay married, stay married and live your lives as you see fit, even if that is apart. There is nothing strictly illegal about the government deciding you have a sham, so no, there will be no charges ever (no charges exist). Good luck.
please guide me if you have knowledge regarding my case,

my residence card application was refused in HUNGARY (marriage of convenience)
so what does it mean, every member state will consider my marriage a marriage of convenience.
I am so nervous that I dont even want to apply the SHORT STAY VISA FOR IERLAND.
does this decision is shared with other member states, when my further applications are being processed

feel free to ask further question about my situation

thnks
married Aug 2014

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 11:59 am

Re: The court declared sham marriage

Post by ouflak1 » Mon Dec 28, 2015 11:25 am

wish_uk wrote:
ouflak1 wrote:Your marriage is still legal and binding. It's just the UK doesn't recognize it. If you wish to stay married, stay married and live your lives as you see fit, even if that is apart. There is nothing strictly illegal about the government deciding you have a sham, so no, there will be no charges ever (no charges exist). Good luck.
please guide me if you have knowledge regarding my case,

my residence card application was refused in HUNGARY (marriage of convenience)
so what does it mean, every member state will consider my marriage a marriage of convenience.
I am so nervous that I dont even want to apply the SHORT STAY VISA FOR IERLAND.
does this decision is shared with other member states, when my further applications are being processed

feel free to ask further question about my situation

thnks
Just a few questions:

1.) Where were you married, in particular, what country?
2.) Have you met your spouse?
3.) Do you currently live with your spouse?
4.) Depending on the answers above, where does your spouse live if not with you?
5.) How long have you known your spouse before marriage, and how long have you been married?
6.) How did you come to be in Hungary?
7.) What is your nationality and the nationality of your spouse?
8.) You mentioned Ireland. Why? I guess what I'm getting at here is what are your long-term plans? Do those plans involve your spouse?

g722199
Newbie
Posts: 35
Joined: Mon Mar 30, 2015 8:31 pm

Re: The court declared sham marriage

Post by g722199 » Wed Dec 30, 2015 9:32 pm

askmeplz82 wrote:how the court decided it is SHAM MARRIAGE. what evidence home office provided to the judge ? why would home office check his phone ? He was arrested ? i don't understand

i have been approached so many time by enforcement officer from home office in the london underground , they only ask my name , date of birth and my wife name. they then check in the system and let me go
That looks like a police state to me. It's people with colour now. It will soon be every one, including indiginous british, all in the name of keeping us safe.

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Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: The court declared sham marriage

Post by Casa » Wed Dec 30, 2015 9:46 pm

g722199 wrote:
askmeplz82 wrote:how the court decided it is SHAM MARRIAGE. what evidence home office provided to the judge ? why would home office check his phone ? He was arrested ? i don't understand

i have been approached so many time by enforcement officer from home office in the london underground , they only ask my name , date of birth and my wife name. they then check in the system and let me go
That looks like a police state to me. It's people with colour now. It will soon be every one, including indiginous british, all in the name of keeping us safe.
It appears that he was arrested during a Home Office check on illegal workers.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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