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Set(M) ILR and Seperation from BC Husband

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CR001
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Set(M) ILR and Seperation from BC Husband

Post by CR001 » Tue Jun 26, 2012 7:09 pm

Hi All,

Per my previous posts, I obtained ILR at Croydon PEO on 23rd March for myself and my daughter on Set(m).

On the 15th April my BC by descent (south african born) husband said he wants out of the marriage (am still completely shocked at this) and he moved out on the 26th May.

He seems to be under the opinion that I have submitted an application for citizenship based on marriage to a BC as I qualify but have been reluctant to do this under the current circumstances.

The main concern I have at the moment is that I am receiving threats from my husbands brother who says that he is going to report me to the Home Office as he believes I used my husbands BC to gain entry to the UK and therefore thinks that it is a sham marriage or I used deception. So, in view of this, my history is :
  • September 1998 - I visited the UK for 3 weeks but at that stage did not know how to start process to move to UK and was something I wanted to do and was looking into anyway (my grandmother was a BC)
    October 2006 - Met husband and started dating
    29/9/2007 - Married husband in South Africa (did not know he was entitled to BC and only found out a couple of months after wedding)
    March 2008 - we decided to start the process to move to the UK and applied for husbands British Passport in South Africa and all my relevant marriage, birth certificates, mother's adoption papers etc.
    17/10/2008 - successfully applied for UK Ancestry visa (I did qualify for spousal at this point as well)
    29/12/2008 - arrived in the UK on Ancestry visa
    29/10/2009 - my daughter arrived in UK as my dependant on UK Ancestry visa (she is not my husbands daughter)
    14/04/2010 - switched in country to Spousal Visa (myself and daughter) as had funds available to do this.
    23/03/2012 - successfully applied ILR for both of us at PEO
All the costs associated with the above where my own responsibility with very little input from my husband as I was and am still the higher earner.

I would have qualified for ILR via Ancestry route on 29/12/2013 anyway and qualify for BC at the same time in my own right due to 5 years residence in UK with only 8 days absence.

When my husband decided in April 2012 that he wanted out, I proceeded to move all my official paperwork out of the house for self preservation. There are no plans at present to divorce and anticipate this will only be in 2013 sometime.

The stress and anxiety of the last few weeks has left me in a state and I am signed off sick from work. The added anxiety being caused to me by these threats from husbands brother is really setting me back in terms of my health.

Sorry for the long post but need some advice on whether these threats are anything to be concerned about or not.

Many thanks

Char

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