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Sponsered wife with Indefinite Leave to enter to UK left

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msh2503
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Posts: 15
Joined: Tue Nov 23, 2004 11:06 pm

Sponsered wife with Indefinite Leave to enter to UK left

Post by msh2503 » Thu Dec 06, 2007 8:26 pm

My friend sponsered his wife to come to UK and she was given Indefinite Leave to enter into the UK. Sadly, after six months, she left him to another man and she is now pregnant with the other man. She applied Income Support and claimed that she left her husband because he has beaten her which is lie. He never did. This was a plan between her and her new boy friend in UK. She only married my becuase she wanted to come to UK so that she can join with her new boy friend who is an asylum seeker and still waiting his case with HO.

Q1. Does my friend is required by Law that he should inform the Home Office that his wife left him with another man.
Q2. Can my freind ask the Home Office to cancel her ILR and send her back to her home country.

Thanks In advance

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Sponsered wife with Indefinite Leave to enter to UK left

Post by sakura » Thu Dec 06, 2007 8:57 pm

msh2503 wrote:My friend sponsered his wife to come to UK and she was given Indefinite Leave to enter into the UK. Sadly, after six months, she left him to another man and she is now pregnant with the other man. She applied Income Support and claimed that she left her husband because he has beaten her which is lie. He never did. This was a plan between her and her new boy friend in UK. She only married my becuase she wanted to come to UK so that she can join with her new boy friend who is an asylum seeker and still waiting his case with HO.

Q1. Does my friend is required by Law that he should inform the Home Office that his wife left him with another man.
Q2. Can my freind ask the Home Office to cancel her ILR and send her back to her home country.

Thanks In advance
I'm sorry to state that I do not wholly believe that she married him only to come to the UK. Why? Because in order to qualify for ILE - Indefinite Leave to Enter - as the spouse of someone settled here, you need to be married for four years. You state that she (only) entered the UK six months ago...unless there was a mistake by the Home Office and they accidentally gave her ILE rather than a spouse visa?? She was married to him for a long time, so maybe the marriage just broke down? Just my thoughts...so can you clarify when they met, married, and where they lived?

Anyway, to answer your questions;
1. I think that if she has ILE, he does not need to inform the HO about anything, because;
2. he has absolutely no right to revoke her status and ask for her removal. That is no longer his business.

However, if she is lying about domestic violence, he should certainly sort this out...with the police, and immediately document anything that proves his innocence.

impactcrew
Junior Member
Posts: 57
Joined: Thu Dec 06, 2007 12:12 pm

Post by impactcrew » Fri Dec 07, 2007 2:12 pm

Yr friend should just to clarify his back let the Home office know that they are no longer together as he is required to by law.

On yr 2nd query he has no right to revoke her ILR and the HO wouldn't take this into mind.

VictoriaS
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Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Fri Dec 07, 2007 5:42 pm

He has no obligation to notify the Home Office that they have seperated. She has ILR, so it is none of their business until such a time as she makes a citizenship application.

Victoria
Going..going...gone!

simon_mmu
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Posts: 2
Joined: Sun Dec 23, 2007 10:29 am

Post by simon_mmu » Sun Dec 23, 2007 10:41 am

Q1. Does my friend is required by Law that he should inform the Home Office that his wife left him with another man.
Q2. Can my friend ask the Home Office to cancel her ILR and send her back to her home country.
For Q1, Home Office only need to know if the application which was made for ILR in the first place was as a result of fraud. This could mean that the spouse forged the signature in order to get ILR, or, spouse was already married but did not declare this. Otherwise if everything was legal and clean and there were no illegal operation then the Home Office cannot do anything and there is no need to persuade them to cancel ILR because it is against human rights unfortunately for the victim.

For Q2, there is no way ILR can be cancelled because it becomes law once the legal requirements and consent of the husband to accept ILR for wife was made in the first place. This should have been taken into consideration before applying for ILR. The husband could have delayed ILR and see if the wife changes behaviour even though she would be living illegally as her spouse visa has expired.

However, the only way to cancel ILR is this:

a. She is a threat to national security
b. She goes abroad for more than 2 years and then when she returns to UK, her ILR automatically becomes invalid.

Otherwise there is nothing you can do. She will of course claim for naturalisation and a british passport. This is like breaking your heart because she betrayed. But in life you have to move on and pretend she never existed and that way you will be wiser and warn others and be successful with your future.

If you let this matter drag on, only your life will suffer. Thats my advice so don't try to take this to heart just move on like a brave soldier. Just leave everything to Judgement Day where those who did wrong shall be punished.

Hope that helped.

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