immigration advice needed

auntiefi · Post by **auntiefi** » Fri Sep 21, 2007 10:16 pm

hi
i hope someone can offer some advice
long and complicated story, simplified.
SIL is chinese, she has been in teh country for around 8 years i think. she came over to study, but 3 ( i think ) years ago she quit uni. she then started working. her and my BIL got married in June 2005 as she was going to lose her visa.
during the first year and half of their marriage they were living apart - her at one end of country , him at other.
some of her actions have come to light and they are not something BIL can live with - they need a divorce. although they have been married for over 2 years now, they have not lived together for all of that time and she has not completed all her visa stuff needed to stay.
if they seperate and file for divorce does that affect her right to stay. apparently she has until december on her current visa but no sure how it works.
any ideas?
Thanks for your help.

Docterror · Post by **Docterror** » Sat Sep 22, 2007 6:15 am

Cannot help without more info. What visa is she currently on?

auntiefi · Post by **auntiefi** » Sat Sep 22, 2007 2:35 pm

hi
thanks for replying. my problem is the lack of info we have, even her husband doesn't know too much.
i know that her latest visa was due to marriage in June 2005. she says she will have to leave in Dec if she doesn't get all the official 'marriage stuff' sorted before then - but not sure she can get that if they are seperated.
Are there rules how you conduct your marriage under immigration rules?
They didn't live together for 18 months out of their 27 month marriage - and it turns out she wasn't earning ligitimately through their whole relationship including their marriage.
thanks for any advice - sorry i can't give more info.

Wanderer · Post by **Wanderer** » Sat Sep 22, 2007 2:47 pm

auntiefi wrote:hi
thanks for replying. my problem is the lack of info we have, even her husband doesn't know too much.
i know that her latest visa was due to marriage in June 2005. she says she will have to leave in Dec if she doesn't get all the official 'marriage stuff' sorted before then - but not sure she can get that if they are seperated.
Are there rules how you conduct your marriage under immigration rules?
They didn't live together for 18 months out of their 27 month marriage - and it turns out she wasn't earning ligitimately through their whole relationship including their marriage.
thanks for any advice - sorry i can't give more info.

Surely then her visa expired June 2007? Spouse visa is two years, if she's overstayed that she's no other alternative other than return home and apply for LTR under other criteria if her marriage isn't subsisting.

auntiefi · Post by **auntiefi** » Sat Sep 22, 2007 3:02 pm

do you have to do anythign to formalise after 2 years?
they were still together after the 2 years of marriage but not together now and apparently she hasn't completed the process yet.
to be honest we are a bit lost with the whole process, she has been pretty underhand not letting on much about the process - not surprising given how much shes been hiding after what she has been up to.

Docterror · Post by **Docterror** » Sat Sep 22, 2007 3:14 pm

auntiefi wrote:to be honest we are a bit lost with the whole process

So are we! If you need any help let her come over and ask when you have all the details. If you do not have clue to the current situation, how do you expect any helpful replies from us?

IF she was on the Spouse Visa, and it still hasn't expired (don't know how), there is no way she can obtain ILR without the husband's help. She can however legalise her stay in some other category, but again how much is it really worth speculating?

Wanderer · Post by **Wanderer** » Sat Sep 22, 2007 3:18 pm

auntiefi wrote:do you have to do anythign to formalise after 2 years?
they were still together after the 2 years of marriage but not together now and apparently she hasn't completed the process yet.

Yes, you are supposed to apply for ILR after two years on Spouse visa (or another two years FLR in rare circumstances). He husband is supposed to sign that form too and if divorce is imminent.......

If this is the case she's an overstayer now and in the UK illegally.

auntiefi · Post by **auntiefi** » Sat Sep 22, 2007 4:01 pm

i know this is probably not hte nature of this board, but how do you go about reporting someone who you think is overstaying their visa?
she has been working as a prostitute for the past 7 years unknown to her husband and for the whole of their 2 year marraige. im not sure if that changes the situation but he certainly hasn't signed any forms.
Thanks

Docterror · Post by **Docterror** » Sat Sep 22, 2007 4:10 pm

her and my BIL got married in June 2005 as she was going to lose her visa.
during the first year and half of their marriage they were living apart

unknown to her husband and for the whole of their 2 year marraige

This was and is a marriage of convenience and there is no point acting surprised that the husband did not know all about it. The question is- what changed now?

auntiefi · Post by **auntiefi** » Sat Sep 22, 2007 4:14 pm

how do you go about proving it was a marriage of convenience and will he be in trouble - even though he knew nothing about it - i shoudl add the only reason he found out was a spread in a national newspaper with pics of her in action!

SYH · Post by **SYH** » Sat Sep 22, 2007 4:56 pm

auntiefi wrote:how do you go about proving it was a marriage of convenience and will he be in trouble - even though he knew nothing about it - i shoudl add the only reason he found out was a spread in a national newspaper with pics of her in action!

The whole story is convoluted. So what I can gleam, there was no issue until she was exposed as a prostitute. And now you want to marry the guy who sponsored her visa? Is this the crux?

In any case, I think you should be the least involved in reporting her overstay which you are not clear about and that it is a marriage of convenience when he didn't care until he became embarassed by her actions.

Your only interest if you are trying to shack up with the guy is to have him file for divorce and leave the rest to immigration since you guys have no clue as to what is going so as to give us any direction to you.

auntiefi · Post by **auntiefi** » Sat Sep 22, 2007 5:03 pm

no no no im the guys sister in law no intentions on skacking up - dont think my hubby wold be too happy.
just trying to help him out.
hes been supporting her for years and tis has ome to light, shes locked him out of his house and is generally being a ciniving witch.

SYH · Post by **SYH** » Sat Sep 22, 2007 5:07 pm

auntiefi wrote:no no no im the guys sister in law no intentions on skacking up - dont think my hubby wold be too happy.
just trying to help him out.
hes been supporting her for years and tis has ome to light, shes locked him out of his house and is generally being a ciniving witch.

Getting the story piecemeal, isnt very helpful
and the more you add, the more bizarre the story gets
He has to divorce her if he is so disenchanted with her behaviour.
Until they are divorced, then he really doesn't have a basis to report her to immigration that the marraige is not a legitimate as your last statement has indicated she has access to the common living abode. You don't know if she is overstayer so there is no point of you going to immigration looking like an idiot since the girl was smart enough not to explain to you what her status is.

sakura · Post by **sakura** » Sat Sep 22, 2007 5:08 pm

auntiefi wrote:how do you go about proving it was a marriage of convenience and will he be in trouble - even though he knew nothing about it - i shoudl add the only reason he found out was a spread in a national newspaper with pics of her in action!

This is a whole lot of mess. Firstly...if it is your brother (in-law)'s wife and not yours - you should tell him to seek legal advice and find out what (not) to do.

If it wasn't a marriage of convenience, why did they live apart for so long? Did they have a relationship before marriage? It would be extremely hard to prove he did not knowingly enter a marriage of convenience if they then lived separately for so long.

So, she would have applied for ILR (permanent residency) this coming December? OR, she received the spouse visa in June of 2005? In that case, her visa expired in June of 2007. Which is it?

Now, this whole prostitution/sham marriage etc etc stuff. None of our business. If the husband wants done with her, tell him to get a divorce and inform the Home Office that their marriage has ended...or whatever it is that they need to know.

Other than that - HE, YOU, other people, can not "kindly ask" that she be removed from the UK...that is not your jurisdiction. Fine, if you wish to report her doings to the Home Office - that is your prerogative, and nothing we can stop you from doing. That is 'legal'. But her husband would be hard-pressed to offer an answer as to whether or not he knew it was a sham marriage. Again - why live apart for so long? Did they communicate/meet at all during this time?

If he can prove he didn't know anything about the sham marriage, then, nothing would happen to him. I think.

So, tell him to get a divorce, inform the Home Office, and leave the rest to the authorities.

auntiefi · Post by **auntiefi** » Mon Sep 24, 2007 8:20 am

when you fill in the forms and go to an actual centre for the fast track route - does your partner have to go with you?
My Brother in Law has suspiscions that his wife (soon be be ex) has gone by herself to get herself approved after falsifying the form and stealing his passport and many bank statements and utility bills. he has just realised these are missing.

Wanderer · Post by **Wanderer** » Mon Sep 24, 2007 1:36 pm

auntiefi wrote:when you fill in the forms and go to an actual centre for the fast track route - does your partner have to go with you?
My Brother in Law has suspiscions that his wife (soon be be ex) has gone by herself to get herself approved after falsifying the form and stealing his passport and many bank statements and utility bills. he has just realised these are missing.

He should report it to the Police then.

Docterror · Post by **Docterror** » Mon Sep 24, 2007 1:55 pm

Wanderer wrote:
auntiefi wrote:when you fill in the forms and go to an actual centre for the fast track route - does your partner have to go with you?
My Brother in Law has suspiscions that his wife (soon be be ex) has gone by herself to get herself approved after falsifying the form and stealing his passport and many bank statements and utility bills. he has just realised these are missing.
He should report it to the Police then.

Plus if the ILR was obtained in such a fashion it can be revoked as it was obtained fraudulently.

SYH · Post by **SYH** » Mon Sep 24, 2007 3:33 pm

Docterror wrote:
Wanderer wrote:
auntiefi wrote:when you fill in the forms and go to an actual centre for the fast track route - does your partner have to go with you?
My Brother in Law has suspiscions that his wife (soon be be ex) has gone by herself to get herself approved after falsifying the form and stealing his passport and many bank statements and utility bills. he has just realised these are missing.
He should report it to the Police then.
Plus if the ILR was obtained in such a fashion it can be revoked as it was obtained fraudulently.

They don't know if it is or isn't or if her status is based on him or not. They claim the passport is missing but who knows what the real story is.

Docterror · Post by **Docterror** » Mon Sep 24, 2007 5:05 pm

They don't know if it is or isn't or if her status is based on him or not. They claim the passport is missing but who knows what the real story is.

The one reason I am not replying or asking further questions to the OP is because the story seems pretty twisted. But giving the benefit of doubt, even if there is a possibilty that the ILR has been obtained as supposedly described, then I think it is relevant that it can be revoked.

auntiefi · Post by **auntiefi** » Mon Sep 24, 2007 9:21 pm

thanks for useful advice. We have contacted HO today and reported the matter and put a block on any application she may make. I know it is a highly unusual situation and i'm not absolutely informed (as is her husband) so appreciate it is difficult to comment.
someone asked why she was still in the house, well she has a legal entitlement to be there, even though she has done all this.
thanks again.

auntiefi · Post by **auntiefi** » Wed Sep 26, 2007 8:02 pm

hi
just wondered how long it usually takes after a spouse withdraws sponsorship for the HO to get in touch with the sponsored spouse?
Thanks

VictoriaS · Post by **VictoriaS** » Thu Sep 27, 2007 7:29 pm

Sometimes they don't.

No way of saying.

Victoria

Post by **Administrator** » Fri Sep 28, 2007 1:22 pm

.

If any of his items are missing (such as passport), he needs to report them missing/lost/stolen immediately.

If his passport is stolen missing, he is probably required by law of both UK & his home country to file a report and obtain a replacement

That action alone will make it useless to whoever has it.

If she attempts to obtain a spouse visa without her husbands active consent, she is engaged in fraudulent activity.

Story ends right there.

Just need to document and report it.

Final note: if she has locked him out of his own domicile, he calls the police immediately and has them show up at the domicile and files a report on the subject. Since he is sponsoring her spouse visa, an action such as locking him out of the house clearly documents the marriage is no longer subsisting.

Of course, his complicity in sponsoring her spouse visa while living on opposite sides of the country for a year and a half isn't something I would want to have to explain. His explanation had better be pretty rock-solid.

the Admin

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