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got his visa on saturday and left on sunday. can he do this?

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IMMIGRATION LAWYER
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Post by IMMIGRATION LAWYER » Wed Aug 22, 2007 11:08 pm

It is next to impossible to revoke the visa, unless a deception under s19 1999 Act can be proved.

I would honestly say, no...Unless you spent xxxx into your time or a lawyer time...Again, a conflict of interests is possible, so a lawyer may not wish to take a case like that...

God is his judge...

sharonteresa
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Post by sharonteresa » Wed Aug 22, 2007 11:22 pm

"As much as I sympathise with the original poster, this is an issue for a family therapist, not an immigration lawyer."

"To be perfectly frank I am quite tired of reading of posts here from vindictive ex-spouses and jilted lovers trying to use the immigration system to extract revenge on their wayward foreign lovers and spouses."

Firstly in reply to this quote.... I came on this forum seeking genuine answers for my daughter and grand daughter, i am not "out for revenge" although suffice to say I am very angry, but would be whoever had done this to my daughter no matter where he came from.

I am not responsible for what other people write and I apolagise if some posts on my thread offend or bore people.

I would like to thank all those who have taken the tiomme to read my post and come back with very helpful answers or just messages of sympathy (although that is not what I came here for). I can assure everyone on here that my daughter and grand daughter will get all the help and support they need from myself and the extended family.


This is a blatant case and as such this is why I was asking the question, had he have left it a couple of months i wouldnt have even bothered and accepted a maybe natural break down in the marraige but to receive the visa on one day and leave the next is too blatant.

He doesnt care about his daughter he has made that quite clear!

I did today contact the BIA and they have asked my daughter to put it in writing it will be investigated, but highly likely wont go anywhere, it is a decision for my daughter to make whether or not she does that.

My main concern is for the generation of children like my grandaughter that are going to be fatherless victims of these gutless, heartless men, they do not deserve the beautiful children they use and leave behind!!!!

And just to clarify further... my daughter was de3eply in love with this man.. he has left her life in tatters, she feels used and humiliated, she is not a stupid girl blinded by money or living on a poor estate she was a woman who fell in love and trusted her husband.

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Post by OL7MAX » Wed Aug 22, 2007 11:51 pm

My main concern is for the generation of children like my grandaughter that are going to be fatherless victims of these gutless, heartless men, they do not deserve the beautiful children they use and leave behind!!!!
So you want him deported? What about the deadbeat dads who were born in the UK? Where shall we send them?
he has left her life in tatters, she feels used and humiliated...I did today contact the BIA ...
That he has gone seems, ultimately, to be the basis for wanting his stay revoked. It looks like revenge to me, despite your protestations. And it looks like you're keener on it than your daughter is.

I can understand you being angry, I would too, but sometimes it's best for a mother to provide more moral support and less venom.

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Post by avjones » Thu Aug 23, 2007 1:03 am

badmaash wrote: my point only was that as im a sick person since 2005 so i am unable to work and my wife she does not work because she is a housewife , and once i get better i would be working and then looking after her

so my questian was that i was trying to find out that due to me being sick and my wife not working (as she is a housewfie) would we be considered for ilr
Hard to see how you meet the financial test. You don't have enough money.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Post by badmaash » Thu Aug 23, 2007 1:06 am

is not savings considered ?

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Post by SYH » Thu Aug 23, 2007 8:50 am

OL7MAX wrote:
My main concern is for the generation of children like my grandaughter that are going to be fatherless victims of these gutless, heartless men, they do not deserve the beautiful children they use and leave behind!!!!
So you want him deported? What about the deadbeat dads who were born in the UK? Where shall we send them?
She wants this guy deported for entering a marriage to get a permanent permit. Deadbeat dads get to stay in their country of origin
he has left her life in tatters, she feels used and humiliated...I did today contact the BIA ...
That he has gone seems, ultimately, to be the basis for wanting his stay revoked. It looks like revenge to me, despite your protestations. And it looks like you're keener on it than your daughter is.
It isn't revenge, that is a bit too simplistic. The guy left the second, literally the second he had the ILR in his hands. How you would feel if your partner did that to you?

I can understand you being angry, I would too, but sometimes it's best for a mother to provide more moral support and less venom.
I am not interested in getting into fight but I don't think you are looking at this case on its individual mertis. That's all.

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Post by avjones » Thu Aug 23, 2007 10:12 am

I agree, this isn't revenge, something the BIA SHOULD know about.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Post by Wanderer » Thu Aug 23, 2007 10:44 am

Maybe the OP could try the papers, I don't think they guy will stand up to defend himself, he sounds like a waste of space. Spineless.
An chéad stad eile Stáisiún Uí Chonghaile....

OL7MAX
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Post by OL7MAX » Thu Aug 23, 2007 10:48 am

I agree, this isn't revenge, something the BIA SHOULD know about
...so let's all put in an appeal to the BIA to take action!

<shaking head>

It's not pretty when people play vigilante, bear in mind that the wife herself doesn't seem keen on action - it's the mother-in-law.

Considering that the marriage was genuine and that it broke down in the period running up to him getting his stay - and the wife likely saw the split coming (we don't see any denials there) - he delayed his departure till the passport came back. If he had left earlier this lot seem capable of "losing" his passport when it arrived, he may have had little choice. Whatever his merits as a husband/father this three-year-one-kid marriage was genuine, there's no dispute about that. And the relationship dates back, obviously, more than three years. If it was genuine then there is no fraud on BIA here. If there was no fraud then this is revenge.

Why do you believe it isn't?

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Post by SYH » Thu Aug 23, 2007 11:17 am

OL7MAX wrote:
I agree, this isn't revenge, something the BIA SHOULD know about
...so let's all put in an appeal to the BIA to take action!

<shaking head>

It's not pretty when people play vigilante, bear in mind that the wife herself doesn't seem keen on action - it's the mother-in-law.

Considering that the marriage was genuine and that it broke down in the period running up to him getting his stay - and the wife likely saw the split coming (we don't see any denials there) - he delayed his departure till the passport came back. If he had left earlier this lot seem capable of "losing" his passport when it arrived, he may have had little choice. Whatever his merits as a husband/father this three-year-one-kid marriage was genuine, there's no dispute about that. If it was genuine then there is no fraud on BIA here. If there was no fraud then this is revenge.

Why do you believe it isn't?
I dont see how you can determine it is genuine
His actions indicated otherwise but my point is that that is for bia to decide
And there is no vigilantism involved, you really like to exagerate.

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Post by OL7MAX » Thu Aug 23, 2007 11:21 am

I dont see how you can determine it is genuine
Having a relationship, falling in love, getting married, having a kid, living together for years is... a bit of a giveaway.

But we are outsiders, how do we know the facts of what happened in the marriage? Let's rely on the wife's opinions. She said to the BIA that it was genuine. And proved it to BIA's satisfaction. What irrefutable insider information do you have to believe otherwise?
Last edited by OL7MAX on Thu Aug 23, 2007 11:23 am, edited 1 time in total.

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Post by avjones » Thu Aug 23, 2007 11:22 am

OL7MAX wrote:a

Considering that the marriage was genuine and that it broke down in the period running up to him getting his stay - and the wife likely saw the split coming (we don't see any denials there) - he delayed his departure till the passport came back.
Rubbish, you can't read! In the very first post, it said, "My daughter married an Albanian guy 3 years ago, they have a 2 year old daughter and last month was granted his indefinate leave to remain, his visa turn ed up on Saturday morning and he left her on sunday to start "his new life in another town" obviously she is devastated... no one saw this coming, he is a very good actor!!!"

"no-one saw this coming" directly contradicts your assumption.

It's not being a vigilante - you misunderstand the term. Reporting someone to the police, for example, isn't being a vigilante. Knocking the hell out of them, is. Similarly, informing the BIA isn't being a vigilante.

If he applied for ILR, got his visa, and left the VERY NEXT DAY, that's hardly subtle, is it?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Post by SYH » Thu Aug 23, 2007 11:29 am

OL7MAX wrote:
I dont see how you can determine it is genuine
Having a relationship, falling in love, getting married, having a kid, living together for years is... a bit of a giveaway.

But we are outsiders, how do we know the facts of what happened in the marriage? Let's rely on the wife's opinions. She said to the BIA that it was genuine. And proved it to BIA's satisfaction. What irrefutable insider information do you have to believe otherwise?
Umm no, from her side it was real affection to support a marriage
From his actions, he has shown that he was only after the resident permit.

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Post by OL7MAX » Thu Aug 23, 2007 11:37 am

SYH, well, good luck to her then. Let her call the BIA and ask if she can withdraw her support for the application. Who are you and avjones and I to decide on whether he was genuine? The woman who was living with him thought he was, if she has changed her opinion now - and I don't believe she has - it's up to her to make the call that for the last four years or more he was only pretending to be genuine, and that she was fooled by it for all that time.

For anyone else to go forming a posse is vigilantism (violence isn't a prerequisite: the actions of a vigilance committee in trying to enforce the laws)

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Post by SYH » Thu Aug 23, 2007 11:43 am

OL7MAX wrote:SYH, well, good luck to her then. Let her call the BIA and ask if she can withdraw her support for the application. Who are you and avjones and I to decide on whether he was genuine? The wife thought he was, if she has changed her mind now it's up to her to make the call that for the last four years he was only pretending to be genuine, and that she was fooled by it for several years.

For anyone else to go forming a posse is vigilantism (violence isn't a prerequisite: the actions of a vigilance committee in trying to enforce the laws)
Glad you feel that way OL7, good luck to her.
The point again as you seem to miss it is that BIA will make the judgment, and yes she is entitled to withdraw her support for his application. Who are you to decide it was genuine? We didn't say it was or wasn't, we said it looked suspicious and is something BIA would be interested in knowing about and that BIA should decide.

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Post by OL7MAX » Thu Aug 23, 2007 11:49 am

>>We didn't say it was or wasn't.

I refer you to your previous post: "From his actions, he has shown that he was only after the resident permit" ;)

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Post by Christophe » Thu Aug 23, 2007 11:49 am

OL7MAX wrote:For anyone else to go forming a posse is vigilantism (violence isn't a prerequisite: the actions of a vigilance committee in trying to enforce the laws)
True, you might not need violence, but I don't think that reporting something to the police or to a government agency (in this case the BIA) and then letting them decide how to proceed, if at all, in the matter can really sensibly be described as vigilante-type behaviour.

As to whether the relationship was genuine on his side or not (it clearly was on hers, from what we know), we shall never know for sure. If it was genuine on his side, however, his behaviour is extremely odd: putting the best complexion on it - even if he had decided to end what had once been (for him) a genuine relationship, the timing and nature of his departure make one wonder (at the very least!).

Anyway, it's probably a bit pointless us arguing about it really: whatever the rights and wrongs of it all, it is a tragedy of the first water for those involved, and they will make their own decisions and no doubt act accordingly.

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Post by SYH » Thu Aug 23, 2007 12:05 pm

OL7MAX wrote:>>We didn't say it was or wasn't.

I refer you to your previous post: "From his actions, he has shown that he was only after the resident permit" ;)
Yeah his actions show it but I keep telling you BIA is going to decide it
Just as you said it was genuine, so stop splitting hairs.

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Post by Administrator » Thu Aug 23, 2007 12:24 pm

.
sharonteresa wrote:This is a blatant case and as such this is why I was asking the question, had he have left it a couple of months i wouldnt have even bothered and accepted a maybe natural break down in the marraige but to receive the visa on one day and leave the next is too blatant.

He doesnt care about his daughter he has made that quite clear!

I did today contact the BIA and they have asked my daughter to put it in writing it will be investigated, but highly likely wont go anywhere, it is a decision for my daughter to make whether or not she does that.
Make sure that you get the entire story written out, with full timeline, and with documentation. Make sure it is absolutely accurate & without embellishment.

Submit it to BIA.

Submit it to the local police.

Submit it to newspapers.

Post it to blogs (as was suggested).

AND ...

Take it to social services and make sure that the father is identified and tracked and that all child support is accrued and paid.

He wants to stay in Britain .. fine. Let him abide by British child support laws.

Help him in every way that you can .... :twisted:

When discussing with BIA & social services, make sure you strongly suggest that you don't want him skipping out of the country to avoid his child support obligations. Given his current behavior, he is likely planning how to leverage his British visa to travel/work the EU (legally or otherwise).

Actions you and your daughter take can help prevent him from harming others. Please remember that.

Might not hurt to report him to the tax authority, either, to ensure that his activities in the workforce are monitored and that he remains a tax-paying resident of the country that has granted him leave to remain. No black-market jobs/income for him. His income needs to be monitored carefully to ensure his full child support obligations are met.

Some of these folks may listen, many may not. But do all these things quickly and get them behind you.

This way you will never berate yourself for not having taken all possible actions or not acting quickly enough.

"god" can have him after he shuffs off his mortal coil. Until then, he can abide in the domain of man and under mans laws.

Good luck!

the Admin

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Post by OL7MAX » Thu Aug 23, 2007 12:43 pm

Hounding him out of the UK is not compatible with trying to keep him in the country to meet his child support obligations. :roll:
He wants to stay in Britain .. fine. Let him abide by British child support laws.
I have no argument with that. Not just child support laws but... all British laws.
I don't think that reporting something to the police or to a government agency ... can really sensibly be described as vigilante-type behaviour.
A victim can report someone they suspect has broken the law, that's responsible. For a third party to report someone out of spite (and when the evidence suggests there is no crime) is not. Especially when there are a lot more serious cases to keep the limited BIA resources busy.

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Post by Christophe » Thu Aug 23, 2007 1:25 pm

OL7MAX wrote: A victim can report someone they suspect has broken the law, that's responsible. For a third party to report someone out of spite (and when the evidence suggests there is no crime) is not. Especially when there are a lot more serious cases to keep the limited BIA resources busy.
Well, some would argue that the people who would do the reporting in this case (if they choose to report it) are victims. And I don't really agree that the evidence suggests that there is no crime: what I would say is that it would be very difficult, from the evidence (as we know it), to prove that there has been any wrong-doing.

In any case, the word vigilante (as currently used - it is originally from the Spanish and meant simply watchman) implies, I think, a degree of organisation and possibly also the taking of the law into one's own hands in some way (e.g. by punishment), and neither would be present in this case.

But I think we're going to have to agree to disagree, which is no big deal really. :)

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Post by archigabe » Thu Aug 23, 2007 5:22 pm

As Admin mentioned, contact the relevant authorities for Child support, taxe dues. Get the word out on this guy on the internet (Blogs etc) so he doesn't cheat someone else this way.
If he still doesnt face upto his responsibilities as a father, you can try to contact his family in Albania. A lot of cultures in Asia/Middle East/parts of Eastern Europe are 'Shame/Honor' based. If his family feels he has brought dishonour to them they will try to get him to face upto his responsiblities. If the family doesn't care, you can try to write to the newspapers in his hometown of how their townsman has cheated his foreign hosts and brought dishonor to his town.
I personally know of a few cads who have abused the love of their spouses/girlfriends.They need to know their actions have consequences.

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Post by jimquk » Thu Aug 23, 2007 9:34 pm

Unfortunately, the concept of "honour" frequently doesn't extend to fair treatment of women, especially if they are outsiders. I think the OP said that he was in fact boasting to his friends about how he obtained his ILR.

The shame, if any, would only kick in if the wife's family were equally a part of the honour community, and prepared to defend their honour by taking suitable revenge on his family - thus the offender's honour would be sullied because his actions had brought about dishonour to his own family members.

Honour sucks, at least in this context.
The Refused are coming day-by-day nearer to freedom.

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Post by Administrator » Thu Aug 23, 2007 9:52 pm

.

Well, if speaking about honor and shame .. then make sure that his home village "gets informed" somehow that he abandoned his own child.

His family should be publicly shamed if a member of their own family is abandoned in a foreign country.

Besides, something like this making news would be a very serious and public black eye to the government of Albania ... something they would be very interested in avoiding given their crucial need for good relations with the EU.


Consider taking the the story to the Albanian embassy and filing a complaint against one of their citizens and against their government. Call him out for tax evasion and being a deadbeat father.

Probably will go nowhere, but might also pay off somewhat for a two hour or so visit one afternoon.

If nothing else, the story will be associated with his passport. May very well increase his difficulty in obtaining a renewal.

Maybe even go to the Albanian embassy and file for child support from the Albanian government. Ask to place a lean against his income and taxes to support his child.

That could be both fun and generate some extra funds to help the little girl out. Daddy's life could become VERY interesting with two governments tracking him down and asking him about his income, taxes and and child support status.

By documenting it now with both governments, it may make it easier for you to really press your claims later if he tries to remain invisible and refuses to cough up child support.

the Admin

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Post by sharonteresa » Thu Aug 23, 2007 10:20 pm

Wow!! I I cannot believe what a can of worms I have opened!
Let me just clarify, My daughter did genuinely enter into the marriage, she thought her husband was doing the same and no one in our family had any reason to doubt him. As far as anyone with close contact with them could see there were no signs of the marraige breaking down especially recently, but obviously we do not know what was going through this mans mind! It is the fact he left her so quickly and the fact he boasted and laughed with his friends about it that makes us suspicious.

O7MAX... the reason I am posting and not my daughter is simple.. she doesnt have access to internet and she has asked me to do this on her behalf!!!!!!

My concerns are firstly my daughter and grand daughter... child support issues and also upholding the law, people cannot be allowed to blatantly get away with it.

My daughter has today put all the issues and evidence in writing to the BIA ... we will await the outcome. I will also pass on to her the comments made on here about other routes to consider.

Thanks once again for taking the time to read and comment on my thread!!!

Finally... WE ARE NOT OUT FOR REVENGE... WE ARE NOT VIGILANTES... WE ARE PROTECTING OUR FAMILIES AND THE CHILDREN THAT ARE LEFT BEHIND...

I know my family are not the 1st to be affected by anything like this and i am sure we wont be the last,

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