Immigrationboards.com

hello everyone,

i am new on this forum and i am really seeking for your help. currently i am in london and i am stuck in detaintion centre due to immigration problem. i need your help as soon as possible otherwise UKBA will depot me. plz read my story as below.

currently i am holding indian pasport and i have 5 years residence card visa and expire on 2016. i have been living in uk for the last 6 years. i came to uk february 2006 on student visa and studied and graduated in university and finished my education in 2008. after my university helped me to for post study visa which were finished augast 2010.

before my visa were expired i married to spanish nationality woman on december, 2009. and i got 5 years residence visa(will expire 2016). but after 5 months of marriage we started to argue and we fight becoz of our diffrent cultured background so we decided mutually to give space to each other and we were separted september 2011. after 2 months i went to india november 2011 and stayed in india for nearly 6 months becoz my parents were sick and i was depressed with my marriage problem. after 6 months on april 2012 i came back to UK and from heathrow terminal airport, a immigration started questioning about my wife but unfortunately i was failed to provide my wife details and they took me detaintion centre becoz we are not living togather. but i do not have any contact with my wife and still my wife doesnt want to stay with me. and she told me that she will not help me with my immigration matter. now i am stuck in immigration problem and i really need someone help who can guide me what should i do?

important point is still i have visa and going to expire on 2016. we stayed togather as husband-wife for 1 years and 8 months.
still we are married and we are NOT divorced yet.
immigration doent not provide me valid and genuine reason for putting me in detaintion centre. and i have been here for the last 1 month.

my weak point is my spanish wife doent want to co-operate with me and she doent want to stay with me. i pleaded alot but she just say NO to me.

my question is if UKBA can cancel my Visa or resident card(5 years) if we take divorce?

second question how can i sort out this problem and get out from here?

can i argue to UKBA that i had my private life or human right as i stayed here always legally for 6 years and have job and family.

i am really in problem and need help who become my angel and help me. thanks.

You've been in detention 1 month? It seems to me that if they had strong grounds for removing you they would have already done so. It also seems to me they do not have a strong case - at the moment, but they may be trying to stitch you up.

Have a look at this document, with particular attention to parts 4.1 and 6.1:-

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The European regulations have nothing to say about people who are separated, the rights of an EEA Family Member are not in question until the initiation of divorce proceedings. You are still married, and if you were re-entering the UK to resume or seek employment you have retained the right of residence.

You have not been married for 3 years, so if your wife has told them she is going to a solicitor to institute divorce proceedings, they may be trying to hang on to you until she has done that, and they will then say you are no longer a Family Member and remove you. Until she does, however, your right of residence remains, and you should not be in detention.

I am quite sure that if you had a bail hearing a judge would release you very quickly, and you could also argue that they have no right to impose reporting restrictions because you have a right of residence. I advise you to consult a good immigration lawyer as soon as possible. You should also try and dig up as much proof as possible that you did live with your wife for more than one year, as that may be important as well. If your wife has told UKBA that it was a marriage of convenience, they may also try to remove you for that reason.

In the last monthly report what reasons did UKBA give for continued detention?
Have you applied for bail through the immigration judge or chief immigration officer?I recommend you do it through the judge.

You're still a family member, unless it was a marriage of convenience.

Where is the Spanish national wife?

vinny wrote:You're still a family member, unless it was a marriage of convenience.

Looks from all the dates like it may well have been the later

can i argue to UKBA that i had my private life or human right as i stayed here always legally for 6 years and have job and family.

Do you have children ? What other family, apart from your estranged wife do you have in the UK?

You mention that you have parents in India and that too unwell. Why do you not return back to India voluntarily rather than spend your time miserably in a detention centre.

pennylessinindia wrote:

vinny wrote:You're still a family member, unless it was a marriage of convenience.

Looks from all the dates like it may well have been the later

They were married in December 09 and lived together until September 2011, so getting on for 2 years, during which time they had arguments, as do many married couples. A marriage of convenience would have split up much sooner than that, they simply can't make that one stick.

It would be nice if the OP lets us know how he gets on.

Frequently boards like these ones are blocked in detention centers .