marriage breakdown before ILR - how is sponsor affected?

sandraleon · Post by **sandraleon** » Mon Jan 19, 2009 5:56 pm

Hi there

my husband who I am separated from since June is due for his ILR in March. We do not live together anymore and I receive public funds. He does odd jobs but doesn't pay any tax, so is technically not working.
If I was to support his application, and thereby stating that we are in fact still living together (we also have a child), what would be the consequences for me if this was investigated and the 'truth' came out about him living elsewhere?

I am in two minds about supporting him in this, and need to know if I am jeopardising my own legal position before I make any decision.

I would be very grateful for your input.

Thanks

Sandra[/b]

UKBAbble · Post by **UKBAbble** » Mon Jan 19, 2009 11:14 pm

If you support his application you risk prosecution for fraud. Not very wise.

drjabberwocky23 · Post by **drjabberwocky23** » Tue Jan 20, 2009 11:15 am

sandraleon wrote:Hi there

my husband who I am separated from since June is due for his ILR in March. We do not live together anymore and I receive public funds. He does odd jobs but doesn't pay any tax, so is technically not working.
If I was to support his application, and thereby stating that we are in fact still living together (we also have a child), what would be the consequences for me if this was investigated and the 'truth' came out about him living elsewhere?

I am in two minds about supporting him in this, and need to know if I am jeopardising my own legal position before I make any decision.

I would be very grateful for your input.

Thanks

Sandra[/b]

I completely agree with UKBAbble on this. Please be truthful when it comes to his application, and don't get yourself into trouble!

sandraleon · Post by **sandraleon** » Wed Jan 21, 2009 3:52 pm

Thank you both for your concern. I have decided to be completely open about the situation by attaching a letter to the application explaining the whole situation. After all it was my son's and husband's relationship interest I had in mind, and the hope that things could improve with a bit of distance.

Thanks again

Sandra

Post by **Casa** » Wed Jan 21, 2009 5:14 pm

Although I agree that you shouldn't sign the form, be aware that if the application is submitted with your letter it will be refused and the fee of Â£750 will still be taken. Your husband may be able to apply to remain in the UK to continue access to your son if you have a legal joint custody agreement.

sandraleon · Post by **sandraleon** » Wed Jan 21, 2009 5:31 pm

Thanks Casa,

Am I right in understanding that you don't think there is any point in sending the letter, that it wouldn't do anything to help the application?

The fact that he has a parental responsibility and that he sees his son on a regular basis will not influence the decision?

Post by **Casa** » Thu Jan 22, 2009 8:18 am

As the letter will state that you are no longer living together, the application will almost certainly fail. One of the conditions of issuing ILR for a spouse is that the marriage must be subsisting. He does have rights
however regarding continuing access to his son, but I would suggest that
before his visa expires that he gets professional advice from an OISC registered immigration advisor to pursue all his options. You have mentioned that you had been hoping this would only be a trial separation and this makes me feel even more that you should seek advice before
bridges are burned regarding the ILR visa.

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marriage breakdown before ILR - how is sponsor affected?

marriage breakdown before ILR - how is sponsor affected?

Re: marriage breakdown before ILR - how is sponsor affected?