Spouse visa granted 2yrs but things not working out

johnboy096 · Post by **johnboy096** » Sun Apr 20, 2008 9:35 pm

kasim wrote:hi guys,

Does anyone has a format of the letter that I need to sent ot British High Commission Islamabad. I am not sure what things I should mention in that.

Assalamu Alaikum Kasim,

I hope you're well.

Just keep it simple, say that the marriage has broken down, and that all spousal relations have ended.

And state the date that your wife left.

Also state you want to make the info public.

Check the link that was posted earlier in this thread, it should have the postal and e-mail address.

Good luck!

macaroni · Post by **macaroni** » Mon Apr 28, 2008 1:09 pm

martha wrote:
As for myself, well my husband is trying his utmost to convince me that he has not used me for a spouse visa. He wants me to accept his mistakes and continue with the marriage, and understand that his 2nd wife is 'allowed'. But it is all very strange how he married her after his spouse visa was granted in Pakistan. Why did he do it that way, and how does she benefit from all of this? A new life here if he gets ILR in October? there are many unanswered questions, and it really does me head in. But at the moment he is trying to convince me that our current situation is all my fault. Is that manipulation? He wants to look after me all life. Shame he didnt make a good job of it before. So why start now? He wants his cake and eat it too? And I am expected to be happy with his terms? Any suggestions what's going on in his head? Am I just getting a load of emotional rubbish from him. or could he be genuine after all.(think I know what response you guys will give)

All the best, Martha

I think your husband is deceitful toward you.

masalawalla · Post by **masalawalla** » Mon May 05, 2008 8:01 pm

Bit of a delay with my update as nothing has happenned.

I had my initial consultation with my solicitor. I've been waiting pretty much for him to send me his contract. (just ovre two weeks). Basically it confirms what we discused, the advise he gave me and his costs.

I now have to sign and return the contract and pay him a deposit upfront before he starts working on my case.

Initially he shall be attempting to establish an address at which he can contact my ex. His advise was to alert her that I was seeking a divorce and to basically she if she would contest it. If not then to come to an amicable solution so that when I started the actual divorce then there would be no counter arguments and thus delays.

masalawalla · Post by **masalawalla** » Wed May 14, 2008 8:58 pm

Another update:

Returned the completed contract and paid my fee to the solicitor but heard nothing since.

Visa enquiry:

I notified the HO and they responded requesting more details which I submitted but again I've heard nothing since. They do know we are nologner together and that I plan to divorce her.

What will precisely happen when her visa elapses ? I'm guessing she might attempt to get ILR ? Would she get detained if she went in when applying ?

martha · Post by **martha** » Wed May 14, 2008 10:27 pm

Hi there,
You should chase the solicitor and see whats taking so long. The initial paperwork for the courts are not difficult, and can be done in minutes in his office. He only needs your signature and then it is sent off.

As for your wife getting ILR. Thats not possible. You have withdrawn your support. Her spouse visa expires in October. She then has to leave or she is an overstayer. If she decides to contest the divorce, she could try to stay on these grounds until its finalised. Not sure how successful she would be getting permission to stay. I would say doubtful.(I'm also waiting to see if my h will attempt this, so will let you know what happens to him)

You say you have heard from the HO. Thats good. They never contacted me at all, but perhaps I had given them all they required. And I had also emailed the Islamabad embassy with a public statement. Hmm, perhaps I had better check with the HO to be on the safe side. Hope the letter reached them....

Since my earlier posts, I have learned that any kind of visa applied for by my husband, must be done in Pakistan. Heard that from an immigration solicitor. So your wife would also have to do the same.

How are you feeling these days? Are you OK?

masalawalla · Post by **masalawalla** » Thu May 15, 2008 8:52 pm

I'm feeling better but only because my parents feel safer. I was more worried about them.

As for my solicitor, I believe the 1st part was to establish her address inorder that we can serve her. The police have this address but were not able to supply it to me directly but should be able to hand this over to my solicitor.

He wants to contact my ex and let her know that I intend to divorce her and whether she wants to contend the divorce. He said if we could agree on the divorce conditions, then we could make the application. In the long run this would make things move smoother and be less costly.

Regards the HO, I have not heard from the Islamabad office, only the Croydon Office. They wanted some additional details from me which I submitted but have not been in touch since.

Speaking to some people about my situ, they said i should have held off starting the divorce as it will be her who needs it more than me, particularly if she wants to remain here. They said i could remarry under nikah but obviously it would not be accepted completely over here until I divorced her. Apparantly under our custom it would be acceptable for the man to do this but not for a women ???
I'm more concerned she will go into hiding as an overstayer and will then be stuck for 5 years in limbo just to divorce from her and hopefully remarry .

martha · Post by **martha** » Thu May 15, 2008 10:56 pm

Hi there,
Glad your parents are feeling more relaxed now. You sound OK too

Yes, your solicitor will want to send a courtesy letter, to tell your wife you intend to divorce her, and that she needs to see a solicitor too.
I'm surprised others feel you needn't start the divorce process yet. It is for your benefit as such, not hers. And you have rights to divorce her. ( I understand where others are coming from. She could do khula and remarry another, one month after the Islamic divorce. If you do talaq, I think she needs to wait 3months.)

The thing to remember is that if you start the divorce, and she is served the papers, then should she disappear without trace, the courts can still proceed. If she contests the divorce, then be prepared for it to drag out. I imagine she will contest it, as a reason to stay in the UK after her spouse visa expires. (My h is going the same route it seems.)

She would still be an overstayer in this case, and it would be more sensible if she didnt contest it. After all, you will both be asked to go to court, and questions will obviously be asked.

If she does overstay, unfortunately there is little you can do about it. But I would assume she would want to travel home at some point, in which case I doubt she would get back into the UK again.

Let us know how it goes. Always happy to listen, and hopefully give the right advice

singlemom · Post by **singlemom** » Mon May 19, 2008 6:55 pm

wow seems allot of us a being subject to entry scam's for the uk i was married to my hubby who i believed to be real we were apart for a whole four years whist we fought to get his appeal overturned first being due to the fact he overstayed on asylum now on second appeal which he put through without my consent he is here now... and now am finding that the attestation stamp's on the nikah may not be real am clueless to the whole thing but i did however report to it to the home office they curtailed his visa on the fact that i gave them evidence that hee was harrasing me to lie to the home office about t us splitting up anyway to cut it short they curtailed his visa his run's out next march 2009 how ever now that this marriage cert is fake then he poses high risk to being deported and as he's allready been removed now ive been told when a marriage ends thats a spousal sponsor it's the duty of the non eec citzen to inform home office and if they don't they are in breech however curtailement does give them right to appeal but even on extreme cases can this be void if enough evidence

martha · Post by **martha** » Mon May 19, 2008 9:08 pm

Hi singlemom
Sorry to hear you have had problems with your husband.
But your husband won't be allowed to stay here after his spouse visa expires.
You can hope he goes home to visit, because then when he tries to re-enter, he will be stopped by immigration.
The HO know you have withdrawn your support for his spouse visa. He can't get ILR without your support. His previous activities will be noted by the HO.
When his visa expires and he doesnt leave, he will be seen as an overstayer yet again.
So he wont be able to go anywhere,unless he voluntarily goes home.
And hopefully the HO can find him to deport him.
What a horrible mess for you to be in. I hope you can move on, and forget this in time. It makes you wonder if you can trust people again, doesn't it?

masalawalla · Post by **masalawalla** » Thu Jun 26, 2008 7:58 pm

Hi all.

But late with the update but had some serious pc problems (IT kind not the other)

MY solicitor contacted the police to get the addrees for my ex as they had it. Initially they had told me they could not give it to me but would give it to my appointed solicitor. Now there saying as its a civil matter they will not provide it. So now i'm stumped as it will mean apointing a PD to locate her. I have been advised to hold off doing this as it will be her who needs the divorce more than me.

This morning I received a letter from Croydon confirming receipt of my letter and they've sent some forms which they need me to sign. Basically asking my permission whether they can use my evidence.

I'll try and catch up with the new posts this week-end. Hope your all well.

masalawalla · Post by **masalawalla** » Mon Sep 22, 2008 4:44 pm

Hi all.

Just another update and some advise required.

Since my last update when my wife had been taken away for threats made by her supposed family members in Bristol I had not heard a thing from them until this past Saturday.

The police called round and asked me to come in on the Sunday. I got there to find they arrested me and charged me for forceful imprisonment and common assault. She claims that my family imprisoned her and beat her. I was interviewd, questionned photogrpahed, finger printed etc and then told to return in a month. My father has to go in tomorrow to be questionned. She claims he punched her.

Many months ago when the police officer originally called round becuase the Bristol family claimed we did not allow her contact for over 6months, surely if she felt threatenned then she could have told the officer yet she stayed only for the Bristol family to start threatenning us which hastenned her exit.

Her visa would have expired in November this year. To me its clear she is attempting to secure extended stay by virtue of the domestic violence route but what can i do. In the end the police will have to decide if their is any proof but i can say that we have never done any of the things she claims. Can i ask for us to be tested via a lie-detector ? why has she taken so long to make the claims ? does it normally take so long ? before the police would call round.

Help.

republique · Post by **republique** » Mon Sep 22, 2008 5:05 pm

Her visa cant be extended because she has made charges so I think you need to keep the two issues straight and perhaps inform her that no matter how many charges she makes, she can't stay in the UK with your sponsorship and can forget that tactic.
If you are talking about getting a visa due to DV. I suggest you or your attorney write the HO that she is making up stuff to secure a new visa.
Except for the inconvenience she is putting you through, you should not be concerned that she gets another visa except for part of denying her charges

republique · Post by **republique** » Mon Sep 22, 2008 5:06 pm

debug error resulted in double post

masalawalla · Post by **masalawalla** » Mon Sep 22, 2008 5:15 pm

Thanks for the reply.

My immediate concern is not whether immigration will allow her to stay or not as thats out of my hands to an extent but just the fact that i've now had to go thro' all thats happenned this past week-end based on allegations she has made against me and my parents.

How she intends to proove any of the claims I don't know but it doesn't stop people thinking the worst. I'm sure there are cases where it does happen the shoes maybe on the other feet and the people invloved are truely beaten but i can only state that my family and I have never done what she has claimed.

ps. I have no contact details for her whatsoever, my solicitor was waiting on me to locate an address for her inorder to contact her about a divorce. The police have her address but would not give this to my solicitor claiming it was a civil matter and were thus not obliged too. I will get in touch with the HO to explain whats has transpired recently

republique · Post by **republique** » Mon Sep 22, 2008 5:23 pm

masalawalla wrote:Thanks for the reply.

My immediate concern is not whether immigration will allow her to stay or not as thats out of my hands to an extent but just the fact that i've now had to go thro' all thats happenned this past week-end based on allegations she has made against me and my parents.

How she intends to proove any of the claims I don't know but it doesn't stop people thinking the worst. I'm sure there are cases where it does happen the shoes maybe on the other feet and the people invloved are truely beaten but i can only state that my family and I have never done what she has claimed.

ps. I have no contact details for her whatsoever, my solicitor was waiting on me to locate an address for her inorder to contact her about a divorce. The police have her address but would not give this to my solicitor claiming it was a civil matter and were thus not obliged too. I will get in touch with the HO to explain whats has transpired recently

Unfortunately this the immigration board. As for the police entanglement, you should check with your solicitor as to what to do and he should be able to work out with the police how to serve your wife divorce papers.

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Spouse visa granted 2yrs but things not working out

in the same boat