Spouse visa granted 2yrs but things not working out

Hi.

My wife was granted a spouse visa for 2yrs. Its not due to expire till October of this year (2008)

Essentially over a period of time I have found out that she has used me to gain entry to the UK. I obviously cannot evict here as my visa conditions were to provide home/expenditure etc. I genuinely entered this marriage but her reasons now seem to be for other reasons.

She left me to go stay with her relatives who i did not know existed but returned this week. Her relatives are threatenning to clean me out in a divorce. Essentially they want me to boot her out and give them an excuse.

How can i stop her applying for permanent settlement or just report her ?

(There are some other things have transpired but to go into greater detail would mean me writing war and peace)

masalawalla wrote:Essentially over a period of time I have found out that she has used me to gain entry to the UK. I obviously cannot evict here as my visa conditions were to provide home/expenditure etc.

That sounds like a complicated situation, but I think it is not as uncommon as you may think. It is important that you understand the difference between immigration law and family law.

If you think the relationship is heading for a divorce, you should probably talk to a lawyer as soon as possible. You may want to file for divorce quickly, because that would give you the choice of law. If you can prove that your wife married you for other reasons, then you should be able to fend off all claims. Otherwise it will depend on who is to blame for the divorce (UK law is a bit old fashion in this respect). Personally I would kick her out (not physically), but you should probably talk to a lawyer first to understand the legal consequences.

On the immigration side, you should send a letter to the Home Office/BIA, stating the situation. If they have enough evidence, they may revoke the visa. Even if not, it should make it very difficult for her to get an extension.

How can i stop her applying for permanent settlement or just report her?

Without your help, that would be very difficult indeed. I think you should focus more on the private/family law part.

Tom

masalawalla,
This kind of situation is happening on a big scale. My situation is similar, and I sponsored my husband for his spouse visa. He returned to Pakistan and married another, without telling me.
It is obvious that he has also used me to remain in the UK. His spouse visa expires in Oct 2008. I have cancelled my support for his visa, and am now seeking a solicitor regarding a divorce, having lived apart from him for 10mths. If I dont act on these things now, and he gets his ILR he will bring her here.
Back to your problem. As such, you are her only reason for being in the UK. Withdrawing that support should mean she has no right to stay here.
One thing more that might be worth mentioning. If you decide not to go for divorce and allow her to get her ILR, she could then divorce you, remarry and get a spouse visa for a new husband. And it would be too late for you to do anything about it. Had you thought about this? It is also something I have had to come to terms with over recent months. It is terribly hard, especially as you genuinely went into this marriage. Sorry if my reply is a bit longwinded.
I hope the replies you have had so far have been helpful. But in a nutshell, see a solicitor ASAP.

Cheers for the response both.

Never thought that I would have to seek out a forum like this but hard as it is I'm glad it exists.

Suprise suprise. Within I return home from work today and literally in five minutes of my arrival there's a knock at the door and its a PC. He had received a call stating that a person in the house (my spouse) had not been allowed to speak to her family for 6 months. She's barely been back a week from them ?

Anyway i gave him all the info I had, I'd got dates and numbers, mini statement, he spoke to her, my parents. and then left.

I'm half expecting her so-called family to turn up now and take her away. Its like they are following some plan and this was step 1.

My mother has also just told me that when she called them after she returned last week, aswell threatenning to take me for all i got (financially) they also threatenned to do me over. They own nightclubs in and claim to no people who would do such things.......great

Can anybody point me to any post on here which can explain what i need to do or whom to contact. ie Home Office in Uk or Islamabad and whose BIA ? I'll continue searching myself in the meantime for this info and other questions.

ie. Am i within my rights to boot her out , considering i was her sponsor ? would i therefore have to cover her costs as such.

Thanks.

masalawalla wrote:Its like they are following some plan and this was step 1.

Absolutely, they are trying to claim domestic violence. That could be some nasty business, but groundless accusations usually fall down sooner or later.

My mother has also just told me that when she called them after she returned last week, aswell threatenning to take me for all i got (financially) they also threatenned to do me over.

Obviously, if you feel threatened, you should go and report it to the police. So far you have very little evidence, but it could be an important record for any further development.

Can anybody point me to any post on here which can explain what i need to do or whom to contact. ie Home Office in Uk or Islamabad and whose BIA ?

Give them a call, they should be able to tell you how to proceed. I assume you have to put it in writing and send it to a family caseworker. BIA is the Boarder and Immigration Agency, now responsible for visas and such.

Am i within my rights to boot her out , considering i was her sponsor ?

As I said, one has nothing to do with the other. Booting her out is a matter of private law, and you may want to talk to a lawyer first. It would seem like a good move, though.

Tom

I agree with thsths; this sounds like a classic attempt at the D/V route to settlement which is not as easy as it sounds.

If she’s tried to say that you’ve kept her prisoner for 6 months there should be official records of her exit and entry. This would undermine any accusations that she later makes against you. Get a copy of her ticket stubs if they’re still around..

Keep your own notes of any threats made against you or your family and report them to the police. Talk to the police if they're called again on domestic violence claims and show yourself as a reasonable person at all times. Be aware that domestic violence doesn't have to include actual physical abuse.

As advised write to the Home Office and inform them that the marriage is no longer subsisting. In this case immigration law would normally overrule family law and your wife will have to find another way to remain in the UK.

There is no legal immigration penalty on you if you stop supporting her but if you've got children together, you should see a family lawyer to work out the finances.

It gets better and better. My father took a phone call from this other family last night. They asked to confirm whether the police had been round and whether they could speak to her (spouse). My father simply said we'd told the police everything they wanted to know and not to keep calling us. The other people then clear said they shall kill me....twice

Upon my return and being informed of this i tried to call the officer who came round earlier yet he was off duty and nobody else could see me when i went to the local office. Local emergency and it was late.

Nobody has been round since today. Can police/phone companies retrieve calls made. I have the time and number who called. I don't want the police thinking I've made up ther threat.

My mother also knows that whilst she was in Bristol for her 6 months exodus she worked there, whether its cash in hand or not I don't know, but she opened acocunts at TSB and also got a provisional license. She has returned with pretty much no paperwork that i can get my hands on although i havent had an opportunity to check her bags.

I'm pretty much keeping myself to myself and not giving her any excuse. I told the officer who came round that she was free to go if she felt threatenned. She also spoke to the officer, although i don't know what they discussed.

With regards to the BIA, do i send it to the local office, which for me is Birmingham or the Surry one regardless ?

Can somebody also confirm if i need to write the full story to both them and the HO or a simple note.

I also want to start preparing divorce proceedings. How will i fare financially. She has never contributed to our marriage, we have no kids thankfully, we have purchased everything she's wanted.

Thanks all in advance.

With regards to the divorce if you have a joint bank account I would take all the money out and put it in your personal account which she may try to do herself. Also if you gave her an additional credit card in which the account is in your name I would cancel it so she can't rack up debts you later have to pay for. If you have any family heirlooms you might not want to lose you should take them to your parents or other family members places. I'm thinking smaller things like jewellery etc as they can be easy for her to hide and take herself and they will obviously have sentimental value for you. However you might want to still ask a solicitor if this could cause problems with the divorce proceedings at a later date.

Emma

Thanks for the advise Emma. We do not have any joint accounts and any heirlooms i had in our room, I'd already safely moved away. I don't have any jewelery as such other than my watch.

I'm pretty much in agreement that her advisors/she is trying the d/v route. i've called my phone provider who have given me their nuisance line but hey closed at 4pm. I also rang the station from which the officer attended. he has passed the case onto somebody else who i was told will call me back....still no call yet.

I just want to log whats happenned. I'm hoping their death threats was just that and intended to entice me into doing something stupid.

I really want her our of my life but don't want to fall into their traps and give them an easy option to pursue d/v.

Its very sad, tragic (and embarrasing) for us that the UK seems to cast a spell over those from Pakistan (and their families) when it comes to these issues.

The lengths they go to - meanwhile ruining INNOCENT lives in the process for street supposidly 'paved with gold'!

I think those of us in the UK are partly to blame as we have probably made out that we are 'top dogs' here whereas the reality is that its a hard life.

Good luck!!!

Hello bro.
I am only just catching up with this thread. How terribly sad, and worrying for you and your family.
You must continue to keep a record of all conversations. Every little detail might help you further down the line. It seems like you are now acting in the only way you can. Did you say you had reported their death threats to the police?
Gollywood is completely right that Pakistanis think the UK is an easy way to live and make money. Yet ask the illegals here, and they wont agree. But still they keep up the pretence with those back home, that life is great here. So, also deceiving their own people too! I know some wonderful Pakistani people, yet so many others act incredibly crazy towards others . Do they ever feel any shame for their wrong doings?
The British people are at fault inasmuch as we are often innocently ignorant about others . Seems our brains work opposite somehow. And it does seem that the Pakistani's are trying to get their own back for our once colonial rule. Faults on both side, with hindsight. can anyone explain why the Pakistanis think as they do?
Good luck bro. with your endevours. Keep us posted.

your case is classified as family matters nothing to do with immigration
i know someone with similar story but the family judge said : she is not your slave the fact that she is waiting for a visa does not give you the right to interfer in her immigration file specially if the wife claims you are violant or mistreateing her so un fornatunately nothing you can do a apart from divorce move on and learn from the experience

Hi

I have to agree with Martha, I myself have only just read all of your threads and this is indeed a sad thing, I really feel for you mate.

As Martha said, keeping a history of all conversations, phone calls, emails, visits etc is essential as yo may rely on this at a later date. Can I also offer my advice, thinking about if I was in your situation for mst of today, this is what I would be doing

Report the calls from her family as nuisance calls with BT, be specific, explain that they are threatening, disturbing whatever. Even though this will not sound like much but it will do a few other things to aid you. It will give you an option to enter a code when her family call you to initiate a BT monitoring/log of the event. Check with them if this is still the way it works but whatever, it shows that you have acted responsibly to threats and it will also log the calls even if it does not record them. If I were you I would be winging my butt down to comet to get a house phone that allows you to record the conversation. Not usable in court but still evidence that the police will have to listen too if they make more threats against you or your family.

Consider getting a lawyer/solicitor as many have suggested, you have a lot to sort out and NEED the legal side covered well. Ask your legal adviser about the possibility of getting a court order against her family (restraining order), again even if these are not viable, possible or affordable, going through the motions with your legal person will create a record or evidence that you responsibly tried to deal with the situation.

I hope this helps and remember its only what I would do if I were in your situation, consider it, listen to other peoples advice and make your decisions but mostly get legal representation

Good Luck and keep us posted

My apologies for the rather long post, but thanks all for the advise and concern.

Current update.

As i had trouble calling the officer who had visited on his number and the fact nobody had even called having reported the death threats made on us, I decided to ring the police station the officer had called in from. It was infact quite local to me. The Sergeant on desk their said somebody would call me and arrange to come round today. I returned home late today, approx 6pm but an officer was already there. He'd not called. (He was an Asian chap). He was waiting to talk to me. He had spoken to my mother/father and spouse. He did'nt take any written statements by virtue of the fact my parents english written language is not the best, but he has arranged for a translator to take their statements tomorrow in Urdu. He ahd however asked them seperately what had happenend.

He asked me my take on what had happened and i too shall have to make a statement. I'll either have to attend the station or he would call back tomorrow to see me. He said in the current situ. it would be better for all if my spouse left the house. He said her staying their would only creat more Idiot spammer and her going would negate the need for them to keep calling us. However he instructed me that i had to inform her that we were finished . ie divorce etc. I went upstairs to her room where she pretty much stays all day every day. As i went upstairs she ran into the bathroom but eventually came out. I informed her we were finished as informed to do os by the officer and she burst into tears. but did not say a word. She has'nt moved or said a word since. I tried a few times and so did the officer. He said that i should tell her it was best for her to go and to pack some things she's need. The officer said they had two options. One to call her supposed family in Bristol to come collect her. Even meet halfway if need be and pass her over. Alternatively take her away to a local centre until they could come for her.

Despite me making several more attempts to ask her would she go, even speak to the Bristol contact whom the officer had called and had waiting on his phone to speak to her, she refused to speak to us or them or move.

Only now (8.35) my father has told me she has not eaten last night nor this morning and only ate something this lunch time after much persusasion.

She is now refusing to budge. At this rate she'll collapse and probably get stretchered away by making herself ill. Not something i want. The officer said he could not force her (not sure if its because he was a male officer) but he left just after 7pm and said he would call back with possibly a female officer and hopefully the Bristol family member. If not today then tomorrow. Hopefully if tomorrow then they can take her away themselves.

He did say when they come round with the Bristol family member they would take me and my family away from the house to prevent any confrontation.

Regards the calls thankfully they are taking them seriously enough. I gave him the nuisance line number incase they wanted to do a trace and check what was said. My parents are quite elderly and don't need these kind of threatenning calls. We have done nothing wrong to warrant this.
he did say if we recevied anymore calls then to inform them as they had been warned not too.

Only positive is that when he spoke to my spouse and mentionned the fact that his colleague who'd visited earlier at their request, had said she'd not spoken to her Bristol family for 6months she said that was not the case. So hopefully she'll slip up more.

Anyway i'm now waiting for the police to return and hopefully take her away. She's just crouched down besides the bed, not moving, refusing to acknowledge us.

I spent most of my day at my work-deskl writing down my facts like the dates etc and what had transpired. I shall type up the entire statement and send copies to the HO, BIA although my father was told by a friend that i should also send a copy to the local immigration office at the local airport. Not sure if this is required or needed ?

If any of you have any suggestions as to what i should atleast state on these letters then it would be much appreciated. Should they be simple and precise or full chapter and verse.

I shall also seek out a solictor once the current situ is resolved. My emplyer have arranged for me to meet theirs for some advise about options available. I just hope that once she has left the home, that she doesn't go underground. I'm afraid to get stumped for however many years it is in limbo not being able to divorce her.

Want a mess.

liane1 wrote:your case is classified as family matters nothing to do with immigration
i know someone with similar story but the family judge said : she is not your slave the fact that she is waiting for a visa does not give you the right to interfer in her immigration file specially if the wife claims you are violant or mistreateing her so un fornatunately nothing you can do a apart from divorce move on and learn from the experience

To be honest i'm not fussed if she does get her stay or not. I just want to be free of her and her blessed family and know mine will be safe from any retaliation. I'm not sure how i stand financially. They claim they'll take me for all i'm worth even though in our time together she never wanted for anything. I used to send her mother money back home but she asked for me to get her a job which i did. She worked briefly but I never took a penny etc She basically contributed nothing financially to our marriage or running of the house.

salaams bro.
thanks for keeping us updated. You sound more possitive too. Thats good.
Hopefully, by the time you read this post, your wife will have voluntarily left the house. After all, why should she desire to stay, if you have supposedly been unkind to her?
Press for the divorce ASAP. By doing so also implies to immigration that you are serious about this matter. Write and send the HO as much information you want to tell. the more they know, the more they can use when it comes to her remaining in the UK. It will give them a clearer picture. Firmly stress though, that you think she has used you to gain entry, and that the marriage is a scam. Like I've previously said, it happens so often, that the immigration know how these fraudsters think and act. So they should be of more help to you than her in the longrun. Dont be surprised if she tries to stay in the UKunder other circumstances. If she really loved when marrying you, she would have said her reason for being here was YOU only. (Expect she said this.) So you will see if this was the case or not, if she applies under other means. Then this will also confirm to you that she scammed you.
As for her claiming any money from you, I cant see how she can, as there are no children involved. But check with the solicitor when you see him.
I expect she's feeling a bit scared right now, as regards to her future status in the UK. And would explain why she refuses to speak or eat. Another womanly tactic maybe? and one to perhaps fool you into keeping her.
One question for you. What was the attitude or gut reaction of the police officer, when you explained the situation to him? Did he see your angle on this ? As he suggested your wife left the house, odds are that he has fathomed it all out in his mind, but obviously cant openly be seen to be backing you. What do you think? Hope you dont mind me putting these things past you. It might help.
And take good care of your parents. They are probably very hurt and confused by what your wife has done. Thankfully, they shouldnt need to see her much longer. What a huge learning lesson for all involved. And shows us all that we should never take anyone these days on face value, no matter where they come from. How very sad. Keep us updated.
I dont know all the answers, but you have my moral support. Salaams

Thanks Martha.

The police officer returned with two of the Bristol contingent at 10.30pm. He came to the door first and instructed me, my mother and father to go to the backroom and he then escorted one of the two into the house and upto her room. Not sure obviously what was said and whether she needed serious motivation to go or not

As instructed by the officer earlier in the evening to keep an eye on her from time to time she had not moved from her place other than for a trip to the toilet. At at all times she blanked us. ie. me/dad

Anyway whatever the man said convinced her, not sure if the PO encouraged her or the man as he probably felt it would be best for all concerned if she went. We remained in the backroom and maybe 30odd minutes later i heard the door close. The officer then entered our room in which we were waiting and confirmed she had gone.

Whilst in the room, my mum said she was expecting the Bristol mob to turn up and thankfully it was the case. I think had they not done so then the PO would have come back with a social officer and either forced her to go but i cannot be sure if this is the case.

The officer also confirmed that somebody would hopefully be calling today to take statements from my parents as it was them who had taken the calls which had quoted the two separate death threats. He left around 11.15pm

My mum then went upstair to her bedroom (she usually heads off by 9pm) she was well late but on-route looked in on her room. She told me that she had taken everything other than the things we had picked for her. She had however taken the jewellery etc.

The officer just rang maybe 10 minutes ago (18.37) to apologise that nobody had called round today but said he was in discussion with his sergeant and will sort something out himself and be back in touch. I think he started his shift late and might have expected something to happenned during his time away from duty. He's been very supportive and vigilant. Its possible it could be sometime over this week-end or possibly Monday the person comes to take my parents statements.

Also today a letter arrived addressed to her from local police HQ. It remains unopened and i cannot forward it on as i have no forwarding address. I mentionned this to the officer who rang and he said to hold onto it and he would inform us when he returned with the PO who would take the statements.

Today my parents are feeling somewhat better. They haven't been out all day though having expected the PO to call to arrange their statements.

In the meantime today I spoke to the legal advisor (not specialised in family law) where i work and he has told me not to waste time in seeking a divorce. I shall be looking for good family lawyers over this week-end and then seek one out early next week. I plan to document everything i can over this week-end.

masalawalla wrote:Thanks Martha.

The police officer returned with two of the Bristol contingent at 10.30pm. He came to the door first and instructed me, my mother and father to go to the backroom and he then escorted one of the two into the house and upto her room. Not sure obviously what was said and whether she needed serious motivation to go or not

As instructed by the officer earlier in the evening to keep an eye on her from time to time she had not moved from her place other than for a trip to the toilet. At at all times she blanked us. ie. me/dad

Anyway whatever the man said convinced her, not sure if the PO encouraged her or the man as he probably felt it would be best for all concerned if she went. We remained in the backroom and maybe 30odd minutes later i heard the door close. The officer then entered our room in which we were waiting and confirmed she had gone.

Whilst in the room, my mum said she was expecting the Bristol mob to turn up and thankfully it was the case. I think had they not done so then the PO would have come back with a social officer and either forced her to go but i cannot be sure if this is the case.

The officer also confirmed that somebody would hopefully be calling today to take statements from my parents as it was them who had taken the calls which had quoted the two separate death threats. He left around 11.15pm

My mum then went upstair to her bedroom (she usually heads off by 9pm) she was well late but on-route looked in on her room. She told me that she had taken everything other than the things we had picked for her. She had however taken the jewellery etc.

The officer just rang maybe 10 minutes ago (18.37) to apologise that nobody had called round today but said he was in discussion with his sergeant and will sort something out himself and be back in touch. I think he started his shift late and might have expected something to happenned during his time away from duty. He's been very supportive and vigilant. Its possible it could be sometime over this week-end or possibly Monday the person comes to take my parents statements.

Also today a letter arrived addressed to her from local police HQ. It remains unopened and i cannot forward it on as i have no forwarding address. I mentionned this to the officer who rang and he said to hold onto it and he would inform us when he returned with the PO who would take the statements.

Today my parents are feeling somewhat better. They haven't been out all day though having expected the PO to call to arrange their statements.

In the meantime today I spoke to the legal advisor (not specialised in family law) where i work and he has told me not to waste time in seeking a divorce. I shall be looking for good family lawyers over this week-end and then seek one out early next week. I plan to document everything i can over this week-end.

That`s your weekend sorted then

This is excellent news! Now try and relax before you see the solicitor. Keep focused on the task ahead, and move forward with your life, knowing that you at least kept your side of the bargain regarding the marriage. Well done!

Good News Masalawalla, Good News, As said, try and relax now a little and look forward to your future. Well Done

Well its 14.20pm. The police arrived around 1.25 and having had a brief chat with me whilst they waited for the translator to arrive they are now taking my mothers statement. They will then take my fathers.

There are two officers present (non seen either until today) but the male officer did say they would take the statments before deciding if they pursued them further.

I in the meanwhile have logged most of what has transpired and after they have left will write my summary> I'm hoping the PO give me a incident no. so i can quote this on the letter too.

here is an extract below of an earlier post by me on another forum. see if some of it is useful for u to record any future conversations and to use it as evidence in court etc. since things have turned nasty, dont expect it to end so soon. take precautions now.

"people who have been given wrong advice by home office or NARIC etc might want to record their discussions with them. there is no need to inform them that you are recording the conversations (subject to few condition, see link)

the same might apply for discussions on complaints in the nhs and also about disciplinary issues etc.

later you need proof that you called them if you need to proceed legally. check your phone bills for those months when you made the calls. if you dont have them try to get a copy from your phone company. and probably u can use that as proof.

when ever anyone calls home office etc, please make a note of that on your phone bill. it may be of use in the future.

also see the article in the independent newspaper on the 17.10.2007 about how to record phone conversations. it will be useful for having a record of the conversation for legal purposes.

in the uk it is legal to record phone conversations as per the article. we are allowed to do so for our own personal use, without telling the other party. this is confirmed from the information commissioners office and that this can be used legally as proof of a complaint call etc. but it says that in general if you play such recordings for 3rd parties then you need to have consent of the other person.

the ways they suggest the following methods to record conversations, see link to the article http://news.independent.co.uk/sci_tech/ ... 068231.ece

i feel it is worth investing a few pennies to record the important conversations and the websites send you an audio file in different formats of the conversation. or you can record you own conversation by buying the equipment

hope this helps a few to keep a record of their discussions with the home office officials, police etc and use those discussions as proof in case of future problems if their advice was wrong. better to be safe than sorry.

Some good advice viney
Our brother seems to be doing really well. It's so good that as humans we know how to proceed with these awful things, once the head takes over from the heart.
I'm doing well now, too

good to hear that martha. have a nice day

Cheers for the advise vinay ands support martha.

The police only took my mothers statement and didn't bother with my fatehr despite them also receiving a threat. On the way out they did say they shall call the Bristol mob and tell them not to call us anymore and also to phone 999 should any stranger turn up at our door.

This leads me to think thats all they plan to do. They have heard our side but plan to do no more like check via my phone company the actual call conversation. I had to ask them myself for a incident no. which i can quote on my letter. I don't think based on what my mother tells me that they actually took notes. They probably decided the threats were to scare us and no more.......bit annoyed if this is the case.

I'm hoping the original PO who was here the other night and arranged for my spouse to go will call. Today i finalised my letter which i shall be sending off to BIA & HO.

Tomorrow i plan to see a solicitor to start the divorce proceedings. Only thing that concerns me is don't have her address. I'm hoping the poilce do, and that the solicitor has methods of getting it from them.