Victim of marriage fraud

[saragullu]

Hi All

Just looking for some advice for my brother.

So he is British national. He married in 2016 and later that year his wife joined him here in the UK (she is a Pakistani).

From day one her behaviour was strange but my brother gave her time to adjust etc but things took a turn for the worse and within 10 months they separated in Sept 2017.

My brother advised the home office of the relationship breaking down.

She used him to come to this country and she filed for divorce and claimed she was abused so through the domestic abuse route she now has a visa. Just last week she got married in Pakistan to her lover and will bring him to the UK.

What should he do?
He has been a victin of marriage fraud.

[Zerubbabel]

Hello

You can't do anything really.

A divorce was pronounced. The wife was allowed to stay in the UK because she demonstrated that she was abused by her husband.

Now, she has a residence that is totally independent from her husband. She has the right to marry.

I understand that from the social point of view, you are not happy with the situation and I totally see your point. But as far as immigration is concerned, there is nothing you can do.

[CR001]

She used him to come to this country and she filed for divorce and claimed she was abused so through the domestic abuse route she now has a visa. Just last week she got married in Pakistan to her lover and will bring him to the UK.

If she only has a limited leave to remain visa for 2.5 years and not ILR, she cannot sponsor a spouse to the UK. She can only do that if she holds indefinite leave to remain and meets all the requirements.

[saragullu]

I see.

I am guessing she has Further leave to remain as she has only been in the UK for 3 years and 3 months.

Is this right?

[CR001]

Not necessarily no. If she had substantial evidence of domestic violence or abuse (emotional, financial, mental or physical) should mk Iggy have applied and been granted indefinite leave to remain as a domestic violence victim. She could then sponsor a new spouse.

If she only got a 2.5 year FLR FP visa, then she cannot sponsor a spouse.

[seagul]

I have seen such incidences happened where only nikkah has been performed where you get legally the marriage certificate for visa purposes but other ceremonies/celebration /bride departure from her or parents home is planned the after visa. Mostly such practices/arrangements are a scam and must not be followed as usually a genuine marriage never have a condition including visa grant. Also that only happens where there is an arranged marriage.