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Desparately need your advice..

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Yummychouchou
Newly Registered
Posts: 5
Joined: Mon Nov 07, 2005 9:59 pm

Desparately need your advice..

Post by Yummychouchou » Tue Nov 08, 2005 2:21 pm

Hi, I am a spouse visa holder and my visa is going to be expired on 14th of November which is next monday.

My husband has run off with a married Irish lady with our all documents for the immigration including our marriage certificate since 30th of October.. and he never replies to my call or text messages and seems he has not appeared at work since then..

We have been married for five years and I have lived here for four years and my whole life is UK and I can not leave here like this without divorcement or preparing moving out fromthis country.. I tried to call home office which never reached and I do not know what to do. I am planning to leave here for a week or so and coming back however I ma not really sure whether I can come back here again (just worrying about Immigration officer at the airport may wonder why I am coming back after my visa expired).

Is there any chance that I could be given extension visa to stay if I contact to home office?

Please kindly advise me..

Kindest regards,

Y

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Nov 08, 2005 2:57 pm

So sorry to hear about your recent experience. No one should be subjected to that sort of thing.

You say "spouse visa holder" but you also talk about being in the UK for four years. So is your husband here with a WP or is he a HSMP holder, and you are his dependent?

Also, your nationality? You say about returning to the UK after your visa has expired. If you are a so-called Visa National then you will not be allowed in without a valid visa.

Has there been any domestic violence? If so, was that reported to the Police?

The job that you do .... might it be possible to get a WP, or for you to get HSMP?
John

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Nov 08, 2005 5:02 pm

Given the notable complexity of this matter and given the short time span in question I actually suggest the OP see a competent legal advisor forthwith from either:

1. OISC

2. ILPA

3. IAS - they provide pro bono (free) services where minimum income thresholds are met.

This is an issue not really for the forum as things stand (IMHO). I would further suggest regardless of being a non visa national that the OP does not depart the UK prior to seeking said advice. Just my 0.02p.

Yummychouchou
Newly Registered
Posts: 5
Joined: Mon Nov 07, 2005 9:59 pm

Post by Yummychouchou » Sat Nov 12, 2005 5:05 pm

Dear John and Kayalami,

Thank you for your kind advise that I could not reply to promptly. I deeply apologize it.

I am half American and Japanese and carry Japanese nationality and my husband is a British born Irish and we married in Japan in 2001
However I had had to go back to Japan and London with tourist visa for my previous business reason in Japan and we finally applied my Spouse Visa in 2003.

Regarding my job, I explained my situation to my boss last week and he introduced me to his Lawyer and I spoke with him on Thursday and Friday.
According to the Lawyer, once I leave here I won't be able to come back here without my husband and he recommended me to send the documents to the Home office with shortage of documents before my visa expires, and mean time I can apply for another visa if it is possible. I have been working in my company almost two years (I travel every month for the company and I am a next key person at the buying position) and they are going to help me out by applying WP.

However my boss wishes me to try to get him back and if it becomes hopeless, they will apply it for me. I am very concerning whether home office will not wait for me until I will be able to contact him and convince him (which seems quite difficult and his girlfriend has left her husband a child behind). Do you think this would generate a trouble for my status in this country?

Thank you for your kind attention.
kindest regard,
Y

Smit
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Posts: 375
Joined: Sun Jun 26, 2005 8:23 pm
Location: London

Post by Smit » Mon Nov 14, 2005 11:36 am

I would follow your lawyer's advice and get in an application with whatever relevant paperwork you have to extend your leave to remain (ILR or FLR) so that you get the protection of S. 3C whilst you sort out your immigration matters.

But your visa expires today, you will need to act very fast and get your application in before close of business today. I guess special delivery would be the best way of lodging your application.

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