Sponsor's ILR Questioned ?

[autumn489]

Hi,

I have posted a couple of times regarding my Fiance's Visa application from BHC Mumbai. This morning we got a letter with his refusal.

The reasons are

1) HO believe the sponsor's Ilr was obtained by deception.
2) I applied for ILR in Jan 2011
3) Then got divorced which was decreed in July 2011
4) In August 2011 we applied for his Fiancee Visa as my dependent
5) HO believe that my relationship with my ex husband had broken down even before i applied for my ILR.hence they think that as my legal residence in UK is questionable they cannot grant him a fiancee visa

Now i really need some advice i dont know how to go about things.

ANy advice / any suggestion for the best immigration lawyer would help

XX

[vinny]

2) I applied for ILR in Jan 2011

5) HO believe that my relationship with my ex husband had broken down even before i applied for my ILR.hence they think that as my legal residence in UK is questionable they cannot grant him a fiancee visa

I can understand UKBA's reasoning because:

We are in a relationship since Jan 2011 and have decided to get married this Oct. I am just worried that his previous refusal might affect our current application.

[John]

autumn489, who divorced who? Were you the Petitioner or the Respondent in the divorce?

Also, when was the divorce presented to the Court?

[autumn489]

I was the petioner and the case was presented in march.

[John]

So in January, when applying for ILR, you certified that you intended to stay with your spouse, and in March you issued a divorce petition.

What happened between January and March to cause such a radical change of heart?

[autumn489]

Issues were always there in the marriage. Being a typical Indian wedding, we were forced to make it work any how.

I always suspected him of seeing someone else too.

My fiancee have been friends since last 4 years. you could say more like an acquaintance. Discussing relation issues -- we both developed a liking for each other.

My husband always wanted to end the relationship. Once i knew there cud be more to life than just making things work. I gave in......so its not a sudden things..... may be not in march but a few months down the line.... i wuld have given up eventually.

I know all this makes the case so complicated

[John]

Vinny has posted above "I can understand UKBA's reasoning", and I concur with that.

I was hoping that in your answer above to the question about what happened between January and March that you would say that it was a happy marriage in January, and then in February you found out that your husband was committing adultery and he left you, that you could not accept that and issued the Divorce Petition.

But you have posted nothing like that, unfortunately. So I think you have a real problem winning any appeal that might be lodged against the visa rejection.

Another question. The Divorce Petition, if you sought legal advice about that, when did you first seek that legal advice? Or if you did the petition without legal advice, when did you get hold of the forms and start filling them in?

The declaration on the form SET(M) includes :-

I declare that we are still married and that we are living together as husband and wife and intend to do so permanently, or that we are still the civil partners of one another and that we are living together as civil partners and that we intend to do so permanently.

-: and also :-

I confirm that if, before this application is decided, there is a material change in my circumstances or new information relevant to this application becomes available, I will inform UKBA.

So when was the ILR actually issued?

[autumn489]

Hi,

ILR was decided on 24 jan...one day application. And then the divorce came.

[autumn489]

Then the divorce was filed...... it was all done my me..... no solicitors etc....

[John]

Well at least that helps. There can be no suggestion that there was a change of circumstance while the ILR application was being considered.

But you need to maintain that "we are living together as husband and wife and intend to do so permanently" was true when you signed the declaration in January.

But I still think you have a severe problem.

[autumn489]

point is, should i appeal against this decision or wait for UKBA to send me a letter and then respond to that ?

[John]

The applicant has received the rejection letter and it is the applicant that should appeal, if so minded.

UKBA will not write to you as sponsor.

Because of the difficulty that will be faced, you might want to consider getting professional help with the appeal.