Immigrationboards.com

The issue is in regards to ILR. My sister married a relative from Pakistan 3-4 years ago. They now have a child who is a couple of months years old. However, during the last 2 years there has been some tension growing that her husband (whom she married in a non-eu country i.e. pakistan, no marriage took place in the UK - with international documentation - which is regarded as a valid marriage) only married so that he could become a resident in the United Kingdom. Her husband is over the age of 30, whereas my sister is only 26. They also bought a house last year which they pay mortgage towards (not sure if this is joint or in ones sole name, would need to check the land registry). However, the problem is, he is often absent from his home. As a result, my sister is often at my house with her child. Problematically, he only started becoming very absent when my sister "eventually" agreed to apply for his ILR. Therefore, it is believed that this is all he was after.

I do not propose that this is a sham marriage, although I do feel that he has taken advantage of immigration rules, so that he can become a resident in the UK. One point to note here is that his parents do not talk to our parents, and there is some tension here also.

The tension is now growing. As one can imagine, family members are getting really frustrated now. I would like to know what case he may have against my sister, and what case, if any, my sister may have towards him. Although It would be better if they resolve the dispute personally, I need to know the possible outcomes of this situation at a legal standpoint. In terms of family law, if a divorce proceeding was instigated would he have to pay maintenance towards his child? Can applying for ILR be invalided in circumstances where it is believed that this is all the non-eu spouse was after (ILR)? What safeguards does the law offer vulnerable women whose Human Rights are being taken advantage of, for the luxury of England? Also remembering that there is a child as well?

I look forward to your suggestion, advice, guidance and knowledge on this lingering issue.

Thank you!

regards

Situations like this are always very sad but unfortunately your sister's situation is far from unique.

Whilst there clearly are some immigration aspects of this, much more that immigration, this is a Family Law matter and your sister would be well advised to seek advice from a Family Law Solicitor.

For example, as regards a possible divorce? On what grounds?

As regards immigration, it is highly unlikely that UKBA would revoke the ILR.