Spouse absconded, visa not curtailed?

[rippoli8]

Hi, this is a bit of a long story, but I hope I can get some clarity.

I got married to a guy in Bangladesh in early 2015. Immediately, there were issues with his family acting weirdly, which delayed us applying for a spouse visa for him to join me. This eventually seemed to be sorted out, and so we finally applied for a spouse visa. Because he had previously been in the UK, and overstayed, it took longer than normal, but eventually he joined me in late 2017.

Then things with his family really took a turn. I don't believe in curses or black magic or anything, but we come from a culture that does. His sisters sent us a home made card, that had cotton wool covered in blood glued in between it. We later found weird little lockets with bones and blood in them all over the house. At this point, I had just purchased a flat, and we were still together. He blindly trusts his family, no matter the evidence to the contrary.

Eventually, it got too much for me and my family, and we sat him down, and had a talk. We told him that we were not happy with the situation, and that we thought this marriage should end. He begged us not to send him back, that he would go to his cousin who was also in the UK, work for the rest of his spouse visa time, and then head back. As it was getting late and we had work the next day, I said I would think about it, but that there was no way this marriage could go on.

I had got him a job in an office of a cash and carry business, and we usually walked to the train station together, and we did so the next day. Sometimes I would wait and catch the same train back, and asked him if he wanted to, but he declined, saying he would come back on his own. That evening, I returned home, but he did not. I was worried, tried calling him, but got no answer. I rang the police, and they eventually got back to me, saying that he was safe, but asked not to divulge his location. I was pretty sure he went to his relatives place at that point, which made me angry, that he would just run away, pretending like things were fine.

I hired a divorce lawyer, and got the ball rolling. I knew his relatives address, so was able to get the divorce papers served to him after some time. I also wrote to the curtailment team, and my local MP, to try and get his visa curtailed. In that time, however, me, my mum and my dad got a letter each from the local police station, asking to meet them. We gathered that he had reported a domestic violence case with the police officers who rang him that day (or his relative had told him to say that, he is not so smart as to have thought of that himself). We each went in for an interview, and the file was closed as the officer could find no evidence of DV, and even admitted off the record that it just seemed like a desperate ploy.

I got a letter back from the curtailment team stating that they were not curtailing his visa at this time. My solicitor suggested that he had filed a SET(DV) as that would be his only way to stay. I also received the Decree Nisi soon after, however have waited on filing for the Absolute because of the fact that I am in a good job, and have my own car and flat, and wanted to make sure he couldn't claim any money off me at any point.

I went to court a few months ago for the financial order, which he did not turn up to. The Judge was very kind, but wanted to make sure that he had a chance to respond. So he sent a court order that he had to appear to court (which is in a couple of weeks) and that he would have to pay costs. He also would write to the Home Office to find out what was happening. It turned out that my ex had hired his own Solicitors for his immigration case.

Today, my solicitors got a letter from a different solicitors, stating that he would sign any financial order waiving any right to my assets, as long as costs were waived. We never expected to get anything from him, so my solicitors and i agreed that was fine. However, it has come to light that he is on benefits, which I thought was impossible in his situation (I know in some cases of destitution, they allow 3 months of benefits, but that time would have elapsed a while back, surely he still cannot be in receipt of those?)

Through the grapevine back in Bangladesh, I have also heard that he was made legal in this country, but I do not understand how that is possible? Surely with no evidence whatsoever, the Home Office would not have granted the ILR to him on the grounds of DV? Or is there some other way he could have gained a visa or settlement? Everything I have read suggests that it is not possible.

I know a lot of people will say just go to court, get the financial order settled, then get the Absolute and move on with my life. However, it angers me to think he might get what he wanted from the start, to stay in this country (all his actions suggest that was his only aim in marrying me).

Any help or clarification you can provide will be much appreciated.

[physicskate]

The long and short of it is that there is absolutely nothing you can do about his immigration situation. You did the right thing by reporting him and that is literally all you can do. I'm sure you don't know the full story here, and it seems increasingly unlikely that you ever will.

My advice is the advice that you have given yourself: move on as best you can. Frustrating, but the best case scenario for you.