Cancelling Further Leave to Remain(M)/Got scammed

[LostSoul]

Hi,

I'm a UK national married to a non EU citizen who presently has FLR(M). She has been here just over 4 years. The FLR expires Jun 2011. We also have a child who at the moment only has a British passport although he is entitled to a passport of his mothers country.

I've caught her cheating and the marriage is over. She seems to think (via boyfriend, non EU national as well) that her status allows her to stay in the UK indefinately and 50% of my house/income.

I have called the UK Border Agency today who have told me to write to Croydon explaining that I'm withdrawing my sponsorship due to marriage breakdown.

Any ideas as to how this will progress and outcome?

thanks

one LostSoul

[Mr Rusty]

You should write to Croydon as they suggest. By the time they look at the letter it will be getting close to within 6 months of expiry of her LTR, so it is extremely unlikely that they will curtail her leave - to do so would give her a right of appeal, which would potentially extend her stay long beyond her current LTR.
In any case, if she makes another application before her LTR expires, she would also have a right of appeal. If she is advised by a competent immigration lawyer, her application might be based on either or both of 2 grounds:- a) access to or custody of the child, b) domestic violence. In the latter respect you should be very careful in your future dealings with her, and not say or do anything which which could give rise to an allegation. Being arrested and interviewed by the police is unpleasant and stressful.
Spouses who can prove domestic violence can successfully apply for ILR on those grounds. Proof is usually a record of any police dealings with the couple, or social services evidence - so be warned.
The existence of the child will probably make it difficult for UKBA to enforce her removal. You should not base your plans on being able to get her removed from the UK. You mention her desire to acquire a share of your assets. This is a completely separate matter from anything to do with her immigration status, and you should take advice from a family lawyer.

[vinny]

If your relationship with your partner breaks down

[LostSoul]

You should write to Croydon as they suggest. By the time they look at the letter it will be getting close to within 6 months of expiry of her LTR, so it is extremely unlikely that they will curtail her leave - to do so would give her a right of appeal, which would potentially extend her stay long beyond her current LTR.
In any case, if she makes another application before her LTR expires, she would also have a right of appeal. If she is advised by a competent immigration lawyer, her application might be based on either or both of 2 grounds:- a) access to or custody of the child, b) domestic violence. In the latter respect you should be very careful in your future dealings with her, and not say or do anything which which could give rise to an allegation. Being arrested and interviewed by the police is unpleasant and stressful.
Spouses who can prove domestic violence can successfully apply for ILR on those grounds. Proof is usually a record of any police dealings with the couple, or social services evidence - so be warned.
The existence of the child will probably make it difficult for UKBA to enforce her removal. You should not base your plans on being able to get her removed from the UK. You mention her desire to acquire a share of your assets. This is a completely separate matter from anything to do with her immigration status, and you should take advice from a family lawyer.

Thanks and what a surprise. She called the cops last night saying I was about to attack her and she was afraid. Cops came and made me leave my own house despite the fact nothing had happnened. The Policeman who spoke with me radioed in to his colleagues to say it was just an "arguement". According to the Policeman, they always have to take some minimal action in these cases.

Aren't the authorities wise to this course? Everybody on FLR suddenly becomes a victim of domestic violence once the relationship starts to breakdown!

[t1s2010]

'what' if she is also reading (and researching for FLR) on immigration forums AND police call idea, she just picked from some post.

[Mr Rusty]

'what' if she is also reading (and researching for FLR) on immigration forums AND police call idea, she just picked from some post.

Generally there's no shortage of people who know, or think they know, how to work the system, and willing to give advice.

In the OP's case the police appear to have kept a sense of perspective over the recent incident, and his wife on this occasion is unlikely to have acquired any evidence to justify an application on the grounds of domestic violence. For further info as to what caseworkers look for in such cases, he might like to read Sections 2 and 3 of this document:

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Having notified UKBA of the breakdown of his marriage, his only concerns should be protecting himself from further unjustified accusations, and disentangling himself from the marriage. Beyond that his wife's immigration status should not concern him further.

[LostSoul]

Generally there's no shortage of people who know, or think they know, how to work the system, and willing to give advice.

Too true, in her case it seems to be some chancers that befriended her on her ESOL course. While most students on these courses seem OK, a few seem to get on with false documents etc etc. These people claim to be from within the EU but when the teacher asks them to talk about their country as an exercise they often forget and start talking about somewhere 1000's of miles away from the EU.

[asp]

With a good immigration history and a UK born son there is no strong prospect of your soon to be ex being required to leave the UK, particularly if your son will be living with her, though her current leave does not guarantee her continued residence in the UK.

Be aware that once you advise HO of the relationship breakdown they will generally treat you as a third party and will not discuss her status with you, which can be frustrating. In any case, you have more important things to worry about, like the care of your son and a divorce settlement that is fair to both sides.