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I am in mess help plzzzzzzzz

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manu123
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I am in mess help plzzzzzzzz

Post by manu123 » Tue Aug 15, 2006 8:31 am

Hello friends
i am indian newly married to a british indian girl. marriage took place in india early this year. i am in uk from last two month as i joined my wife.
Now I am working in uk being a Computer professional. I have permanent job here.

Having some problems with me, my wife don't want to continue with this relationship. She is not even willing to consider it. and i personaly want to live in uk. can i change my visa status from spouse visa to work visa or any other kind of visa which can keep me in uk with my work.

thanks
Manu

manu123
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Post by manu123 » Wed Aug 16, 2006 8:36 am

can't anybdy help me??

L_E_O
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Post by L_E_O » Wed Aug 16, 2006 9:05 am

I'm sorry to hear about the breakdown of your marriage.

The first thing you should do is go to your employer and ask them to sponsor you for a work permit. I can't comment on how successful that work permit application is likely to be as you've just said you're a "computer professional". If your employer agrees to sponsor you and the application is successful then everything is fine and you stay in the UK.

If either your employer doesn't want to sponsor you or the work permit application is rejected then try the HSMP. Again, as you've only said you're a professional I have no way of knowing if you'd have enough points to qualify.

Best of luck.

manu123
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Post by manu123 » Wed Aug 16, 2006 1:45 pm

Hi LEO

thanks for ur reply. from COmputer Professional i mean to say is, I have A PG level University degree in Computer Software, Working as .NET Programmer, I have done MCSE as well.
Please tell me
Can i apply for the work permit after discussing the things with my boss??

Is there any possibility that my application be rejected even if my employeer sponser me??

How much it will "cost" to my employeer to sponser me???

Can my wife deport me back to india as divorce application can only be submitted atleast after one year of marriage???

Can i apply for work permit or HSPM without ging back to india???

John
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Post by John » Wed Aug 16, 2006 3:04 pm

Can my wife deport me back to india as divorce application can only be submitted atleast after one year of marriage???
No, she has nothing like a veto over whether you are in the UK or not. You cannot stop her writing to IND saying about the marriage breakdown, but then neither can she stop you getting an alternative visa to the one you already have in your passport.

Your qualifications! Looks like it is possible that you qualify for HSMP ... well at first glance you do ... certainly worth you having a closer look. It is a points-based system. You need 65 points to qualify. Go to this webpage and then scroll down to "Highly Skilled Migrant Programme". Then download the appropriate guidance and application form.

There is a £315 application fee payable ... by you!

The point about HSMP is that it is considered a better option for you because it will enable you to work in the UK without needing a Work Permit. So you don't have any hassle changing jobs, if that is your wish at any point in time.

If you don't qualify for HSMP then your employer would need to apply for a Work Permit for you. The application fee ... payable by the Employer .. is £153. But it is not as simple as that. It is a question of the employer showing that they cannot fill the vacancy from the UK, or anywhere else in the EEA ..... factors that just would not arise if you held HSMP visa.

So see if you might be able to get 65 points under HSMP.
John

manu123
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Post by manu123 » Wed Aug 16, 2006 3:37 pm

No, she has nothing like a veto over whether you are in the UK or not. You cannot stop her writing to IND saying about the marriage breakdown, but then neither can she stop you getting an alternative visa to the one you already have in your passport.
thanks john for your reply. this is very valuable information you have provided me. Actualy from the above quote.. I am living with my wife at the moment, i want to know if she can forcly send me back to india now?? i hve two year spouse visa on my passport and our marriage took place in india. when she can apply for the divorce????? i guess after one year of marriage. am i rite?? if yeh thn i have some months to one year. can she or any law send me back to india on her request during this period of time???

can i apply for HSMP visa from uk or i will hv to apply from india???

my major concern is about knowing if she can send me back to india or not?? bec if she can't then i can try to make things better bec i don't want the divorce bec of family respect etc.

can i hv ur email id i will write u the wholeplzzzzzz

L_E_O
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Post by L_E_O » Wed Aug 16, 2006 4:58 pm

No, your wife cannot send you back to India. She cannot request to have you sent back to India (as long as you are on a valid visa) either.

I am fairly sure you can switch to an HSMP visa in-country, anyone else care to confirm or deny that...?

manu123
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Post by manu123 » Thu Aug 17, 2006 11:11 am

hi leo plz chk ur personal msgs in ur inbox

thanks

manu123
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Post by manu123 » Thu Aug 17, 2006 2:05 pm

i have read the guidelines for HSMP visa, it is stating that if a person is applying from uk for HSMP visa thn he should be having the current visa under certain catagories but spouse visa is not in that list, can i still apply??

plz answer

John
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Post by John » Thu Aug 17, 2006 2:20 pm

Yes I think you can. You are legally in the UK.

The point is that, ordinarily, no one would want to switch from a spouse visa to HSMP. After all a spouse visa is a quicker route to ILR ... 2 years .... rather than HSMP ... 5 years.
John

manu123
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Post by manu123 » Thu Aug 17, 2006 4:23 pm

Hi John

thanks for your reply.

I hope you have read the whole thread n you are aware of my situation.

Can u please tell me few things:

Like i said before I am on spouse visa for which i am dependent on my wife. our marriage is six months old and its been abt three months i am here. marriage took place in india and registered there. thn my wife n me both applied for my wife while she was in india showing her abilty to sponser me having sufficient accoumdaton n assets etc. thn she came back here n after few months i got two year spouse visa n i came here now.

now she don't want to be in this relationship n want divorce. I THINK SHE CAN ONLY APPLY AFTER ONE YEAR OF MARRIAGE ?? Am i rite??

CAN SHE send any application to uk or india immigration oficces saying she want divorce and don't want to be with her husband, and want to withdraw her sponsership so he should be sent back to india?????????? if yes then what can be the action taken?
OR as i have two year visa, she can't send me back for this period bec i already have the visa on my passport..


I am so confused n upset bec i didn't expected all this from her, at this moment i can't discuss it with anybdy in family or friends, its a mattare of my family's prestiege, so i don't want to go back, i hope u understand. i will really appriciate any help.

John
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Post by John » Thu Aug 17, 2006 4:52 pm

I hope you have read the whole thread n you are aware of my situation.
Yes
now she don't want to be in this relationship n want divorce. I THINK SHE CAN ONLY APPLY AFTER ONE YEAR OF MARRIAGE ?? Am i rite??
Under UK law no divorce petition can be filed until one year of marriage has happened. (Except I think in extreme circumstances and only then with the specific consent of the Court ... rarely applied for and rarely given).

Even after that one year the person filing for divorce has to specify grounds in the divorce petition showing why the marriage has irretrievably broken down.
CAN SHE send any application to uk or india immigration oficces saying she want divorce and don't want to be with her husband, and want to withdraw her sponsership so he should be sent back to india?????????? if yes then what can be the action taken?
OR as i have two year visa, she can't send me back for this period bec i already have the visa on my passport..
That is already answered in this topic. Well mostly. Even though you have a 2-year visa in your passport, if the marriage has broken down you should take timely action to get a new visa, or alternatively leave the country.

As regards the marriage, have the two of you considered going to RELATE, an organisation that used to be called the Marriage Guidance Council?
John

manu123
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Post by manu123 » Fri Aug 18, 2006 8:31 am

As regards the marriage, have the two of you considered going to RELATE, an organisation that used to be called the Marriage Guidance Council?
???? Plz explain John

manu123
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Post by manu123 » Fri Aug 18, 2006 8:34 am

and another things i wante to ask. as u said it is already answered in the thread that she can send the application, I am asking

Is there any chance I can be sent back before My this visa expires on request be my wife?? or she can't send me back before two years??

Thanks!!

RobinLondon
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Post by RobinLondon » Fri Aug 18, 2006 9:10 am

Listen, I don't mean to insult you and I know that you're stressed out, but how many times can you ask the question whether your wife can send you back? You've already been told several times that your wife can't do this to you. She can't do this to you. She can't do this to you. She can't do this to you.

There. Now will you stop asking the question?

If you really want to do something productive and useful, do what several people have already suggested: look into switching into a work permit, or even better, the HSMP category. Start investigating this and apply immediately. It will give you peace of mind. Trust me.

Good luck.

John
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Post by John » Fri Aug 18, 2006 9:30 am

As regards the marriage, have the two of you considered going to RELATE, an organisation that used to be called the Marriage Guidance Council?
???? Plz explain John
RELATE are an organisation that try to help those whose marriages are in trouble. From what you post you certainly want the marriage to stay in place; it is your wife who wants to end it. Why don't you contact RELATE and see what advice they can offer to you. Doing that can't do any harm. Their telephone number will be in the telephone directory, or available online at bt.com .
John

manu123
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Post by manu123 » Fri Aug 18, 2006 9:36 am

RobinLondon wrote:Listen, I don't mean to insult you and I know that you're stressed out, but how many times can you ask the question whether your wife can send you back? You've already been told several times that your wife can't do this to you. She can't do this to you. She can't do this to you. She can't do this to you.

There. Now will you stop asking the question?

If you really want to do something productive and useful, do what several people have already suggested: look into switching into a work permit, or even better, the HSMP category. Start investigating this and apply immediately. It will give you peace of mind. Trust me.

Good luck.
Thanks Robin for ur words. being new in UK i don't know the rules. i don;t know any consulting agency, can't even discuss with family etc bec i don't want to make them upset like i am, bec i want to try this mariage to work. FOR THIS REASON I AM ASKING AGAIN N AGAIN NAGAIN N AGAIN, bec i want to make sure if she can't send me back thn i can try to make things better bec its not her own brain behind her decision but some of her family members.
do you understand now buddy. well thanks for your advise i will try to change my visa to HSMP

John
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Post by John » Fri Aug 18, 2006 9:48 am

i will try to change my visa to HSMP
OK, but also try to save your marriage! Get in touch with RELATE.
John

manu123
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Post by manu123 » Fri Aug 18, 2006 1:48 pm

Thanks John

I have emailed n phoned relate consultants
will see hat happens

Thanks Alot

manu123
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Post by manu123 » Mon Aug 21, 2006 1:42 pm

John i only started a new thread because it was all abt HSMP i was asking, so i thought it will be better to ask in that specific topic forum

anyways \thanks for ur help

John
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Post by John » Mon Aug 21, 2006 2:10 pm

John i only started a new thread because it was all abt HSMP i was asking
But it wasn't, as proved by the answer you got from "Mrs Khan", which is why I was not prepared to allow a duplicate topic to develop.

You are totally free to post about HSMP, but before you do that I suggest you have a good read of the topics already there in the HSMP section, that might just answer any question you have. Your current spouse visa status is totally irrelevant as far as an HSMP application is concerned. (You have been married for less than two years so could not possibly get points for your spouse, but clearly that would be inappropriate in your circumstances anyway.)
John

manu123
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Post by manu123 » Mon Aug 28, 2006 8:19 pm

hello friends.

as discussed earlier my mariage is almost going to end.

as i am on spouse visa with a permanemnt jon in uk. plz tell me the procedure how i can apply for work permit bec i need it to be done in days otherwise my wifw can send me back to india.

i want to know the procedure.do i need a solicitor for applying for work permit or not.

HSMP is an other option which as per myknowledge is a lengthy procedure?? please advise.

Another doubt i have as in the forumJohn n other told me that my wife can't send me back for two years, But few ppl around my place are saying she can send me back bec my visa is bec of her, and that she can tell homeoffice that she is unhappy with her marriage and don't want to continue this relationship, so homeoffice should send him back? is that possible.

Can anybody plz give me some address of some solicitors in bradford and leeds.

Thanks

John
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Post by John » Mon Aug 28, 2006 9:36 pm

A Work Permit? You don't apply for that .... the employer applies for it.
John

manu123
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Post by manu123 » Tue Aug 29, 2006 8:14 pm

Another doubt i have as in the forumJohn n other told me that my wife can't send me back for two years, But few ppl around my place are saying she can send me back bec my visa is bec of her, and that she can tell homeoffice that she is unhappy with her marriage and don't want to continue this relationship, so homeoffice should send him back? is that possible.

Can anybody plz give me some address of some solicitors in bradford and leeds.

Thanks
plz tellme

ppron747
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Post by ppron747 » Tue Aug 29, 2006 8:25 pm

Go to a Citizens Advice Bureau, Manu123 - they should have details of local solicitors
|| paul R.I.P, January, 2007
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