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Not living together with (spouse visa) wife

General UK immigration & work permits; don't post job search or family related topics!

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Casa
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Re: Not living together with (spouse visa) wife

Post by Casa » Fri Feb 05, 2016 10:12 am

You are free to do so if you feel your safety is at risk. I believe you mean 'threatening', not 'tethering'.
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Re: Not living together with (spouse visa) wife

Post by secret.simon » Fri Feb 05, 2016 1:52 pm

You have mentioned that you have a British passport. If so, she can not stop you from returning to the UK.

If she were to complain to the police, they would investigate and if need be, arrest you. But they can't stop you from returning to the UK.
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Re: Not living together with (spouse visa) wife

Post by Casa » Fri Feb 05, 2016 1:58 pm

secret.simon wrote:You have mentioned that you have a British passport. If so, she can not stop you from returning to the UK.

If she were to complain to the police, they would investigate and if need be, arrest you. But they can't stop you from returning to the UK.
I think he means he's been threatened with violence on his return if he complains about her falsifying documents in order to extend her visa as a spouse.
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Re: Not living together with (spouse visa) wife

Post by akythaky » Sat Feb 06, 2016 11:57 pm

Thanks, Yes CASA is absolute correct what I mean.

One more thing I need help on, really appreciated your quick and correct response.

As I have already send mail to UKBA
https://www.gov.uk/visas-when-you-separate-or-divorce

but not got any response from them, I am planning to send one more letter to them. Also the situation has changed as she is in the UK and staying in my house, and I am based in India.

What will happen next , whether UKBA will ask her to leave the country in 28 days, even though we are not been divorced but not staying together from December. Or UKBA will allow her to dissolve my marriage that is divorce (Which she will only give after her ILR).

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Re: Not living together with (spouse visa) wife

Post by akythaky » Sun Feb 07, 2016 4:55 am

Thanks, Yes CASA is absolute correct what I mean.

One more thing I need help on, really appreciated your quick and correct response.

As I have already send mail to UKBA
https://www.gov.uk/visas-when-you-separate-or-divorce

but not got any response from them, I am planning to send one more letter to them. Also the situation has changed as she is in the UK and staying in my house, and I am based in India.

What will happen next , whether UKBA will ask her to leave the country in 28 days, even though we are not been divorced but not staying together from December. Or UKBA will allow her to dissolve my marriage that is divorce (Which she will only give after her ILR).

What is the action she can take to leave back in UK and what are the chances of she can stay back.

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Re: Not living together with (spouse visa) wife

Post by noajthan » Sun Feb 07, 2016 10:44 am

akythaky wrote:Thanks, Yes CASA is absolute correct what I mean.

One more thing I need help on, really appreciated your quick and correct response.

As I have already send mail to UKBA
https://www.gov.uk/visas-when-you-separate-or-divorce

but not got any response from them, I am planning to send one more letter to them. Also the situation has changed as she is in the UK and staying in my house, and I am based in India.

What will happen next , whether UKBA will ask her to leave the country in 28 days, even though we are not been divorced but not staying together from December. Or UKBA will allow her to dissolve my marriage that is divorce (Which she will only give after her ILR).

What is the action she can take to leave back in UK and what are the chances of she can stay back.
You cannot expect HO to take sides in this affair, they will follow their own path as per rules & processes.

The following will apply to the relevant party:
If you only had leave to stay in the UK because of your relationship with your partner, you must leave the UK or apply for a visa to stay in your own right.
Note HO cannot help you with a situation where someone you say is threatening you is, at the same time, staying in your house.

It is out of your hands now & HO is unlikely to keep you informed of next steps.
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Re: Not living together with (spouse visa) wife

Post by akythaky » Sun Feb 07, 2016 11:00 am

Thanks for your response.

But in this situation my wife never will show UKBA that my relationships is ended. She is staying in my house alone and I am outside the country.

I was under the impression she will be receive a letter and ask to leave the country in 28 days or apply for alternative VISA. If HO won't take any action then she will never leave the country.

I totally agree with you HO won't take any action about the threatening.

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Re: Not living together with (spouse visa) wife

Post by secret.simon » Sun Feb 07, 2016 5:09 pm

What are the specific threats that your wife has made against you?

Your wife is on a spouse visa that will need to be renewed in 2017. At that point in time, she will need to prove that her relationship with you is subsisting. Typically that means proving that you have joint bills and letters addressed to the same residence.

Close down your joint accounts. Speak to the council about getting the council bill in your name alone rather than joint names. Get all your personal mail diverted by Royal Mail to a friend''s address rather that your UK home. Your letter to the Home Office will already be on record with them. These steps will ensure that in 2017, your wife's LR will not get renewed.
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Re: Not living together with (spouse visa) wife

Post by noajthan » Sun Feb 07, 2016 5:21 pm

akythaky wrote:Thanks for your response.

But in this situation my wife never will show UKBA that my relationships is ended. She is staying in my house alone and I am outside the country.

I was under the impression she will be receive a letter and ask to leave the country in 28 days or apply for alternative VISA. If HO won't take any action then she will never leave the country.

I totally agree with you HO won't take any action about the threatening.
This is now rather more of a family law / divorce matter than an immigration matter.

Only you, & I suppose your wife, can sort out who owns the house & who has rights to live in it & etc.

The immigration matters will run their own course.
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Re: Not living together with (spouse visa) wife

Post by Obie » Sun Feb 07, 2016 5:53 pm

I think OP is the one with the problem and not the woman.


Unless you have a child together, I see no basis why she should return back to your home without your consent or why you did not inform the visa office in India, when you were aware that she was going to apply for a new EC , that he circumstances has changed.


Has it not occurred to you, that she may well have applied in another category?
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Re: Not living together with (spouse visa) wife

Post by CR001 » Sun Feb 07, 2016 6:10 pm

Obie wrote:I think OP is the one with the problem and not the woman.


Unless you have a child together, I see no basis why she should return back to your home without your consent or why you did not inform the visa office in India, when you were aware that she was going to apply for a new EC , that he circumstances has changed.


Has it not occurred to you, that she may well have applied in another category?
The wife lost her passport with her valid spouse visa and applied for a replacement visa with copies of the OPs documents.
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Re: Not living together with (spouse visa) wife

Post by Obie » Sun Feb 07, 2016 6:16 pm

If someone took my documents without my consent, then I know what course of action to take.

Clearly OP can't say this woman put him under duress.


It seems OP must have actively assisted the wife.

Love can blind a person's judgement.

The difficulty is where the other party don't reciprocate.
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Re: Not living together with (spouse visa) wife

Post by Casa » Sun Feb 07, 2016 6:51 pm

Obie, I think you've missed the post where the OP said his wife had forged his signature and taken documents without his permission..and asked for our help in how he should report this in order to prevent her from entering the UK. The situation was reported to the HO before his wife left for England with her new passport and visa but no action was taken by border officers :|
His concern is now (which you will see in recent posts) that she has threatened him with violence (by others) when he lands in the UK if he continues to complain to the HO about her.
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Re: Not living together with (spouse visa) wife

Post by Obie » Sun Feb 07, 2016 7:04 pm

The violence will not count to much.

What puzzles me is this. They went to India together, the OP knows her plan , he could have reported to the British High Commission in Delhi .

He appeared to have supported a subsequent application after the wife showed little interest in him. Then they both went to India together and the passport got lost, OP was aware of her intentions.

Getting a spouse visa or a replacement visa is nsenot something that can be easily done without OP'S knowledge, giving the rigorous checks that UKVI does.

It just does not make any sense.
Smooth seas do not make skilful sailors

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Re: Not living together with (spouse visa) wife

Post by raholptl » Sat Apr 16, 2016 2:00 pm

Hi,
What email did you use to inform home office? Did yhey ever responded back to you?

Thanks.

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