Spouse visa expiration but couple separated

nessie · Post by **nessie** » Thu Jun 22, 2006 2:40 am

This is a bit of a problem and I hope someone can help. My friend had got an arranged marriage 2 years ago in Pakistan and his wife got a 2 year spouse visa in May 2004. She came over here in the September 04 but ran away from the house in December 04 and the couple have been separated ever since. He is her sponser but he now wants a divorce from her and he was told he had to wait 2 years before he could apply for a divorce. We stay is Glasgow, and apparently she is staying in Edinburgh just now. What will happen to her as he no longer wants anything to do with her and nor does she but her visa has expired and the marriage only lasted less than 4 months from when she came here and she has not stayed in his house since December 2004. He is now looking to get re-married and move on with his life but he can't until this has been sorted. Will immigration send her back to pakistan? Please can someone help

Chess · Post by **Chess** » Thu Jun 22, 2006 9:23 am

Dont be spitefull; get the divorcee and live her alone to get on with her life.

What goes round comes around

Post by **John** » Thu Jun 22, 2006 10:25 am

Will immigration send her back to pakistan?

Based upon what you post she appears to be an overstayer and if that is the case then yes, she is liable to deportation.

However it is possible you may not know her full immigration history. For example, she might have got a Work Permit without you knowing.

Also appreciate that getting a divorce will be easier if she is in the UK during those proceedings.

nessie · Post by **nessie** » Thu Jun 22, 2006 2:48 pm

Chess wrote:Dont be spitefull; get the divorcee and live her alone to get on with her life.

What goes round comes around

I have nothing against the girl, I was just asking if she would be deported back or not? He is her sponser and so I wondered if he would get into any bother from this, and he's quite happy to help her in anyway but he can't get in contact with her that why I asked

nessie · Post by **nessie** » Fri Jun 23, 2006 1:22 am

How does my friend go about informing immigration as he no longer wishes to sponser her as she left him and doesn't want to stay with him anymore? Should he write to them, get on the phone to them? He really has no clue what to do and would be grateful if you could help

Post by **John** » Fri Jun 23, 2006 9:28 am

How does my friend go about informing immigration as he no longer wishes to sponser her as she left him and doesn't want to stay with him anymore?

In a sense he has already done that. By this stage, ordinarily, he would have signed a form SET(M) confirming the marriage is on-going etc. Clearly that has not been done.

So either she is now an overstayer, or alternatively, and the husband may have no knowledge of this, she has legally obtained another sort of visa and remains in the UK legally.

The IND records will already reflect the situation .... she is an overstayer, or not, as the case may be.

nessie · Post by **nessie** » Sat Jun 24, 2006 2:08 am

Is it true that no matter what country your marriage is registered that the laws apply to you and your spouse in the country that you are living? Since they got married in Pakistan but they have to apply the british law to their divorce since they are living in uk?

nessie · Post by **nessie** » Sat Jun 24, 2006 2:09 am

Also I forgot to ask, can his wife apply for asylum since her visa has now expired?

Wanderer · Post by **Wanderer** » Sat Jun 24, 2006 8:45 am

nessie wrote:Also I forgot to ask, can his wife apply for asylum since her visa has now expired?

On what grounds? AIUI from my Social Worker brother who deals with Asylum cases there are comparively few 'unsafe' countries in the World at the moment - no doubt that will change! Is Pakistan 'unsafe'?

Steve

nessie · Post by **nessie** » Thu Jul 20, 2006 2:46 am

I wouldn't say Pakistan is an 'unsafe' country. What I really need to know is that they got islamically married in Pakistan and he brought her here as his wife. But they have not been registered in the uk. So does anyone know how he would go about this? How does he inform immigration she is no longer his wife? Because he doesn't want to be responsible for her. She came here because he was her sponser but doesn't want to be her sponser now. This is so confusing and it's really giving me a headache. Does anyone know what he should do?

nessie · Post by **nessie** » Wed Sep 06, 2006 2:52 pm

For anyone in the same situation, I found the answers myself from the home office and I hope this might help:

Thank you for your enquiry.

If their marriage is no longer subsisting, the spouse should be informed that they are expected to leave the UK as soon as possible as their basis of stay is to be in a relationship with him.

Please advise your friend that he should write a letter formally stating that he is no longer their sponsor, to the following address:

IND Home Office
Lunar House
40 Wellesley Road
Croydon
CR9 2BY.

If they wish to remain, they must make an application to stay in another immigration category and apply to the Home Office. His letter will be taken into consideration for any further applications she makes to the Home Office, but she may still be granted leave if she meets the immigration requirements.

Please advise her to visit our website: www.ind.homeoffice.gov.uk for more information.

Otherwise she must leave the UK. She can apply to return to the UK at a British Diplomatic post in her home country

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Spouse visa expiration but couple separated

Spouse visa expiration but couple separated