Fraudulent marriage - 2 year settlement visa

[Howard84]

It has came to light that my wife who I put out the house 5 months ago only married me to get a visa to the UK. I discovered evidence of an existing relationship with the father of her child.

I have sent the Border Agency 5 A4 pages of why the marriage has ended, evidence I have, and why I am no longer providing accommodation etc for my wife. I have heard nothing from them.

She has only recently started working - been in the UK since January 2010 and for months said if she can't get a job, she will have to go back to her country as she needs to help her mother, grandmother and young brothers.

My freind wants to inform her employer that technically, she is now living in the UK illegally. Is this the case?

[HRY2005]

My freind wants to inform her employer that technically, she is now living in the UK illegally. Is this the case?

No! I dont think so.

UKBA might not even do anything about it until the end of her 2 year probationary(Spouse) visa.

[Howard84]

Even if she is still allowed to remain in the country, she is in breach of the conditions of her visa. I rang Immigration at Heathrow airport who advised that her visa is now void as part of the condition was that she lives with me in my house. She stated this on the application form so is in breach!

With this in mind, she is no longer entitled to work legally even though she still remains in the UK.

Checks for staff employed from 29 February 2008

Employers' responsibilities

This page explains the law on preventing illegal working in relation to staff employed from 29 February 2008, including details of employers' responsibilities to check the entitlement to work in the United Kingdom of their prospective and, in some cases, current employees.

Sections 15 to 26 of the Immigration, Asylum and Nationality 2006 came into force on 29 February 2008.

Civil penalties provided by the 2006 Act
Under the 2006 Act, you are are liable to payment of a civil financial penalty if you employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.

Taken from http://www.ukba.homeoffice.gov.uk/emplo ... ost280208/#
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[PaperPusher]

Her visa may be void in the sense her circumstances have changed, but she will not be in breach of the conditions.

Conditions you can be in breach of are staying beyond expiry, claiming public funds, working without permission such as a student working full time and not registering with the police.

It is up to UKBA to curtail her visa, up to then or until the visa expires the conditions on her visa continue, ie she can continue to work.

Any employer taking a copy of her visa would see it has not expired and that she has permission to work.

[HRY2005]

details of employers' responsibilities to check the entitlement to work in the United Kingdom of their prospective and, in some cases, current employees.

Employer are not checking whether she's still living with her husband or not, employer will be checking the authenticity of the documents provided and if genuine, she is entitled to work.

Until UKBA curtail her visa or the visa expires as mentioned by Paperpusher, I am afraid she is not in breach even though there's been a change in her circumstamces.

The first 2 years of her visa is called the ''probationary period'' and if there's been a breakdown in the relationship, that would mean she can not apply for ILR on the basis of being a spouse of a BC and would need to leave the UK unless she's got other basis on which she could apply to stay on in the UK