flr remain spouse issues

[rockstar06]

Just a question...my wife is chinese we married in Beijing in 2010 and came to the UK in 2014 (I'm british)..on a spouse visa..the last time I saw or heard from my wife was Feb 2016 I know she is still in the UK and that she has sent an application for extension..to take her to the 5 year period..what concerns me is that she would have put false information on the application regariding accommodation. ..wages..etc..I have written to the curtailment team to tell them my concerns.this was about 6 weeks ago..my question is what if the visa has already been issued and the false information discovered after..what happens then...

[rockstar06]

Perhaps I should also add here I have no idea of where is living or working...also I I have the only copy of the wedding certificate issued in Beijing. .I just know nothing about her..

[Casa]

If you haven't already done so, you should submit the form in the link below as soon as possible.
https://www.gov.uk/government/publicati ... nsent-form

[rockstar06]

Thank you casablanca but that is the form along with additional information I senth to the Manchester curtailment team about 6 weeks ago

[CR001]

You were/are required to complete a prescribed form to inform HO that the marriage has broken down and no longer subsisting (if not already done) as soon as it occurred.

https://www.gov.uk/government/publicati ... nsent-form

She is unable to apply for an extension without your support, this includes your bank statements and payslips and passport. You are also required to sign consent on the form. She will also require substantial evidence of cohabitation up to and including the date of application, in joint names.

A marriage cert is also required for an extension.

Very unlikely she will get visa without you supporting the application.

If HO are aware of the marriage breakdown, from you informing them, then definitely no chance of a visa. She would have had to put an address on the form to get her documents and visa back (assuming she applied by post if she did) so HO would know where she is.

She would have been unable to apply in person without you being there with her or you provided a detailed letter on why you were not able to attend the appointment with her.

Any false documents she does use, will result in a refusal and deception imposed, which could result (once removed from the UK) in a 10 year ban from applying for any sort of visa.

[Casa]

Thank you casablanca but that is the form along with additional information I senth to the Manchester curtailment team about 6 weeks ago

In which case, there's nothing else to be done. The HO are unlikely to notify you of any action they have taken.

[rockstar06]

Thank you...now the issue is she would have put my name on any tenacy agreement and council tax also utility bills..and it is possible my signature was falsified (it is easy..mine that is)..as far as payslips go are my employers contacted and if she borrowed a lot of money from parents would that cut out the need for bank statements..also what if the payslips were falsified and does she have to send in a passport picture of me as I know there was an old one lying about somewhere

[CR001]

now the issue is she would have put my name on any tenacy agreement and council tax also utility bills..and it is possible my signature was falsified (it is easy..mine that is)..

With the new rules regarding Right To Rent, she would have been unable to put your name on a tenancy agreement without your original passport being verified by the Landlord.

as far as payslips go are my employers contacted

Yes, HO does contact employers if the application raises issues and concerns, which hers almost certainly will.

and if she borrowed a lot of money from parents would that cut out the need for bank statements..

She would have needed a substantial amount of money, held in a bank account for at least 6 months and likely be able to prove the origin of the funds.

also what if the payslips were falsified

HO are very quick to pick on false payslips and bank statements. There are certain requirement that they have to meet and certain information they must contain.

does she have to send in a passport picture of me as I know there was an old one lying about somewhere

Possibly, but she will have needed your passport for her application.

When exactly was her visa expiry and her application due?

[rockstar06]

She came to the country at the beginning of September 2014..so the original 33 months must be close to expiry..I have tried to contact her about this but no reply...her son now aged 9 came with her to England on the same date and is settled in school here...I just have a bad feeling that the entire application has been falsified..I got a strange message through Facebook 2 weeks ago by someone I don't know. .may or may not be related it just said....the plan will work

[CR001]

You have done what you need to do and HO are now aware and will do what is necessary. You won't be kept up to date either.

She also won't be able to marry someone else to stay as she is still married to you.

[rockstar06]

There is no issue that she wants to remarry..I just believe that she wanted a little more independence she has in her life in china lived in a crowded apartment with her parents.the tenacy on our original flat expired we got a new one...I went to work abroad for a few months and came back to nothing..I just think along the way she has been given some seriously bad advice..it is the boy I feel for..I still want to help her if I can but ....

[CR001]

All in HO's hand now.

Unless you reconcile your marriage, don't even think to try and help her to remain in the UK under false pretenses, it really is not worth it.

[rockstar06]

Just a quick one then I'm going to enjoy the rest of my Sunday. ..if I informed the curtailment team 6 weeks ago and the expiry is close what approx is the time line for her to be informed..I know they won't contact me but ideally somewhere would like to know what's going on..or will it I will get a random message from China in a few months when she wants to talk

[CR001]

Is she in the UK or has she gone back to China?

HO will have processed your notification on their system and it certainly will flag if she tries to extend her visa as your spouse. Curtailment notifications can take a few months to get sent out though IF they have her correct address/email etc.

[rockstar06]

She is in the UK but surely if curtailment notices can take months that takes her past the expiry which brings me back to my original question what happens if the extension was already issued...I have tried to ask her but get no response whatsoever so technically could this drag out for another 2 years until it's time for the ill visa to be sorted

[CR001]

She won't be able to get ILR if you do not support her application.

Highly unlikely she has got an extension and she would have had to apply by post. It will also have cost her a small fortune (£993 visa fee each PLUS £500 each immigration health surcharge)

If for some reason she has managed to get an extension, which I doubt, then yes, this could drag out or HO could still curtail/cancel her visa as you have already notified them.

[rockstar06]

I have today received a letter from the home office informing me that my wife's visa will not be curtailed as her leave has expired...she is still in the country so what then would be the next step for the home office to take regarding her situation

[Casa]

It depends on whether she chooses to live below the radar illegally or if she surfaces and comes to the attention of the HO by attempting to extend (her now expired) leave.

She will be unable to work legally and with the threat of a £20,000 fine, no legitimate employer will take her on. She will also find it extremely difficult to rent accommodation for the same reason.

[rockstar06]

Sso it is possible for her to carry on living in this country regardless of an expired visa..her son is 9 and needs schooling..do the schools require any visa evidence..but they know her visa is expired so surely she is now on their radar..it surely just can't get forgotten

[Casa]

A report in January 2017 estimated that there are 618,000 people who have been living in the UK illegally since 2007, but this could be as many as 863,000. The HO doesn't have the resources to track them all down.