Situation

[luisa]

Heres the situation:
my brother moved over to England about 7 years ago now, he was in a relationship and married this girl when she told him she would help him stay in the country (she is french) later they realised that the marriage wasnt going to work and separated. Although she made things difficult for him, they decided to 'stay married' until he sorted out his application and she tried to blackmail him. He sent off his application last year and has just received a letter a few days ago stating that it was refused, the HO said that he was under surveillance and that they realised they werent living together as husband and wife. I recently talked to a friend who thinks that his wife might have phoned up because she cant see them sending people out to watch people. anyways, that isnt the issue sorry about 4 years ago he met a lady whom he intended to marry.. she knew his story and agreed to wait (in the meantime she moved to canada and now has citizenship there, but is movin back to uk this year) they are wanting to be together but she doesnt really want to move here (Algeria) just yet... is there anything they can do? I really feel for my brother as he loves this woman very much.
Any advice??
Thanks

[sakura]

What did he apply for - ILR or PR? (How long had his wife been living in the UK?) According to the Home Office, what is his status? Can he appeal or re-apply? Is his new partner a British citizen, or from another EU country?

If he wishes to be with his current partner, their only option would be marriage - he would have to divorce his current wife for this, obviously. As for his current situation, he would need to seek legal advice, or somehow find out what his current immigration status is. If he has no legal status here, he might have to return to his home country and apply for entry clearance (as a fiance or, if they marry abroad, as a spouse) from there.

[luisa]

I think he applied for ILR (he said his settlement application has been refused) his wife had been in uk a few years before they married. As for his new partner, she is british. Thanks for the advice.. Ill be sure to pass it on

[Frontier Mole]

I am assuming your brother came to the UK legally? If illegal he has not a got a hope.

Assuming legally entered and later married to a French EEA working in the UK. He is almost certainly here on the basis of his French wife exercising her EU treaty rights. Assumed he applied for ILR at year 5 of marriage.

If he was refused ILR is was certainly not due to an undercover immigration survalience operation! For one very good reason. The marriage under EEA regs does not have to be subsisting in the same way it does for UK entry conditions. As long as they had not legally seperated or started divorce procedings it would still be ok. The ILR application would still have to be supported by the EEA national.

The likely reason for refusal, I suspect, was that his wife withdrew her support and that she told UKBA that they were not together any more. She more than likely gave them your brothers address which they might have confirmed by visiting and asking a couple questions.