Tier1 Main Applicants Extratidition to India on Divorce

[IAB1]

Hello all,
I got married to a boy from UK last year and i came to UK last year on Tier1 Dependant VISA. We started facing martial difficulties and I left him in less than a month's time and returned back to India. He is working on Tier1 visa and he wil be applying for his permanent residency soon. Our divorce proceedings have not started yet as our marriage is yet to complete 1 year. He has notified the concerned authorties that he is no longer supporting me and that we have separted, and now I will be refused entry to the UK. Now that my Visa is revoked I want him in India, I have tried calling him back but he doesnt want to come.Can I extradite him???? or Can I stop him from getting him his PR. or write to him through the Indian Emabassy??

Please help me a I dont know what to do from India and feel somewhat helpless

Thanks
C

[geriatrix]

Now that my Visa is revoked I want him in India,

Why, for the reason you specify (your visa has been revoked, so you want him in India)?

I have tried calling him back but he doesnt want to come.

If you two have had a permanent breakdown in relationship and are to be divorced, then why do you want him in India?

Can I extradite him????

In layman terms, this is how it works - Not until a Indian court orders him to be present in India to which he refuses and subsequently the court orders that he be extradited from UK. Such a court directive will then have to be presented by the Indian embassy / relevant govt. department to the UK authorities to file a extradition petition in the court in UK .... which will then follow the UK legal system and be granted / refused as per UK laws in light of evidence(s) presented to support the extradition petition

Can I stop him from getting him his PR.

No.

Is he refusing to divorce you, that you want him to be in India so badly? If not, then IMHO, you are more keen to take revenge than just be divorced.



regards

[ukukukuk2011]

Hello all,
I got married to a boy from UK last year and i came to UK last year on Tier1 Dependant VISA. We started facing martial difficulties and I left him in less than a month's time and returned back to India. He is working on Tier1 visa and he wil be applying for his permanent residency soon. Our divorce proceedings have not started yet as our marriage is yet to complete 1 year. He has notified the concerned authorties that he is no longer supporting me and that we have separted, and now I will be refused entry to the UK. Now that my Visa is revoked I want him in India, I have tried calling him back but he doesnt want to come.Can I extradite him???? or Can I stop him from getting him his PR. or write to him through the Indian Emabassy??

Please help me a I dont know what to do from India and feel somewhat helpless

Thanks
C

[ukukukuk2011]

Sorry what is that you actually want .
Do you want to be in UK and your visa be not revoked inspite of the divorse from main applicant ?

Hello all,
I got married to a boy from UK last year and i came to UK last year on Tier1 Dependant VISA. We started facing martial difficulties and I left him in less than a month's time and returned back to India. He is working on Tier1 visa and he wil be applying for his permanent residency soon. Our divorce proceedings have not started yet as our marriage is yet to complete 1 year. He has notified the concerned authorties that he is no longer supporting me and that we have separted, and now I will be refused entry to the UK. Now that my Visa is revoked I want him in India, I have tried calling him back but he doesnt want to come.Can I extradite him???? or Can I stop him from getting him his PR. or write to him through the Indian Emabassy??

Please help me a I dont know what to do from India and feel somewhat helpless

Thanks
C

[IAB1]

In layman terms, this is how it works - Not until a Indian court orders him to be present in India to which he refuses and subsequently the court orders that he be extradited from UK. Such a court directive will then have to be presented by the Indian embassy / relevant govt. department to the UK authorities to file a extradition petition in the court in UK .... which will then follow the UK legal system and be granted / refused as per UK laws in light of evidence(s) presented to support the extradition petition

Can I stop him from getting him his PR.

No.

Is he refusing to divorce you, that you want him to be in India so badly? If not, then IMHO, you are more keen to take revenge than just be divorced.



regards

I don't plan to stay in the Uk I can't afford to fight a case in Uk so I want file a divorce case in India ; that why I want him to come to India. Can he be extradited on a divorce case basis thanks

[geriatrix]

Extradition can only happen when a UK court allows it. Not otherwise.
And unless his presence in India is absolutely mandatory for the divorce to go through, to which he refuses (i.e.- not willing to visit India for such purpose), there is no way that he can be extradited.

Seek legal help from a competent lawyer specialising in such matters (divorce).


regards

[krazydude]

Also I do not see how you can stop his PR as his Tier 1 was not issued based on the fact that you got married to him. Here is how I see it -

a) He will get his PR, based on the merits of his application and the fact that you have seperated will have no effect on it.

b) You can write to him through the Embassy, but I seriously doubt that will help the situation

c) You can try extradition, but that could (and in all chances will; if you chose this option) face a long drawn legal battle, which will cost money even if you do it from India. Eventhough he is still a Indian national after the PR, extraditions from the UK (as recent history suggests - Julian Assange and Honeymoon murder suspect Shrien Dewani - agreed that the latter is a UK national) have not been easy inspite of the fact that there have been quite compelling reason (and force) to extradite them. Just a scale for comparison.

I would say try to use reason (even if takes a while) rather than force in order to get your divorce proceedings completed