Page 1 of 1
The court declared sham marriage
Posted: Thu Mar 26, 2015 3:40 pm
by dianaro11
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
Re: The court declared sham marriage
Posted: Fri Mar 27, 2015 12:36 pm
by deathgaze1
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.
Re: The court declared sham marriage
Posted: Fri Mar 27, 2015 2:44 pm
by ouflak1
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.
Re: The court declared sham marriage
Posted: Fri Mar 27, 2015 8:38 pm
by askmeplz82
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
Re: The court declared sham marriage
Posted: Tue May 26, 2015 8:23 am
by member
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?
Re: The court declared sham marriage
Posted: Tue Jun 02, 2015 9:51 am
by sabastine
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
Re: The court declared sham marriage
Posted: Sun Dec 27, 2015 6:16 pm
by wish_uk
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
Re: The court declared sham marriage
Posted: Mon Dec 28, 2015 11:25 am
by ouflak1
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?
Re: The court declared sham marriage
Posted: Wed Dec 30, 2015 9:32 pm
by g722199
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.
Re: The court declared sham marriage
Posted: Wed Dec 30, 2015 9:46 pm
by Casa
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.