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Revoking Indefinate leave to remain - possible?

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pjogbona
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Joined: Thu May 29, 2008 12:31 am
Location: london

Revoking Indefinate leave to remain - possible?

Post by pjogbona » Thu May 29, 2008 3:57 pm

I met my husband here in the UK, I was on a work visa as Im from Australia. (he told me he was on a student visa). We went to Nigeria to marry 2006. He returned on a spousal visa. In July 2007 I was granted indefinate leave to remain in the Uk as my dependent so did my husband. 4 months later he left me and our child, no explanation, nothing. He automatically filled for divorce but I have refused to sign. It has come to light that he was not infact a student on a student visa but an illegal immigrant when we met and conseqently changed his name and date of birth when we married. He used our marriage cert to get another passport in nigeria and used this for his spousal visa and indefinate. (I was unaware of any of this until now). He has a 'nigerian' wife who he now wants to bring to the UK. They are not 'legally' married as yet. I have written to the home office, since but recieved nothing but a generic letter stating that they will take appropriate action. Does anyone know if this has happened to them and if so, was the Indefinate leave to remain, revoked?

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu May 29, 2008 5:00 pm

Now and again there are cases where a spouse is deserted soon after their partner has been granted ILR, and then alleges that this has been obtained by deception. The deception has to be proved to a reasonably high standard, and this is notoriously difficult as it involves proving what someone's intentions were at the time they applied. Therefore I don't think that many of these cases result in revocation of ILR.
However, you appear to be alleging that your husband practised some form of identity fraud when he married you and obtained a visa. If this is the case, and it can be clearly demonstrated, then not only might he be considered for revocation by a UKBA caseworker, but he could (and should) be arrested and prosecuted for obtaining leave to enter or remain by deception and served with illegal entry papers - service of papers automatically cancels any extant leave, so revocation is unnecessary.
As well as writing to UKBA you could also try and stir some action with your local Immigration Enforcement office. If you can't identify that from your local phone book, ask the police where it is. Ask to speak to an Intelligence Officer. But I wouldn't hold out too much hope of instant action. Their priorities are Failed Asylum Seekers, and so-called 'Harm Reduction', which mainly translates as illegal working operations.
You might also notify whichever Entry Clearance Office in Nigeria dealt with your husband's visa application about his intentions to bring in a wife.

I hope this is of assistance to you

pjogbona
Newly Registered
Posts: 2
Joined: Thu May 29, 2008 12:31 am
Location: london

Post by pjogbona » Thu May 29, 2008 11:05 pm

thank you for your quick reply, The only evidence I can think of is that he was stopped, finger printed and questioned by home office staff at Heathrow when he went to Nigeria exiting in 2005, He left in my house some of his documents - his baptismal certificate (which has his 'real name' and date of birth). Also details of a failed application that he also submitted to the home office under 'another' name. As for more evidence, I havent physical evidence just dates and names. I will how ever submit these to a UKBA caseworker. Thank you,

egg yolk
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Joined: Wed Apr 02, 2008 10:53 pm

Post by egg yolk » Fri May 30, 2008 6:09 am

I am sorry to hear this ma'am. You must be going through a lot just by having to know how someone played their game so well at your kind expense.

I wish you all the best in putting forward your case to the relevant authorities. Good luck and keep strong.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri May 30, 2008 8:29 am

If you're sending original documents, send them Registered Post and be sure to keep copies

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