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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi There. My Daughter was living in a Defacto relationship

Resolved Question:

Hi There.

My Daughter was living in a Defacto relationship with an Englishman in the UK for a couple of years. They applied for and recieved a partner visa so she could stay with him in the UK when her tourist visa ran out. After the visa was granted our daughter came home to Australia for a short visit, intending to return to England and continue their relationship. Whilst she was here he rang and ended the relationship.He now demands she repay funds which he said she owes him, things such as her share of rent/bills etc. As she had temporarily returned to Australia when they broke up, she had left most of her posessions with him. He is now in posession of some jewellery which he is keeping and using to demand money. This jewellery belonged to my mother and was passed down to my daughter. He has recently said the jewellery will not be returned until he gets his money. They have no other assets or children from the relationship. What are her rights?
Regards Peter
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Hi,

 

What type of Visa does your daughter exactly have?

 

Many thanks,

 

Customer: replied 5 years ago.
She had a partner visa, she is now living back in Australia, but was granted a partner visa
Expert:  INC replied 5 years ago.

Hi,

 

If your daughter has a Unmarried Partner Visa or a SPouse Visa and therelationship is no longer subsisting, it is likely the visa will be cancelled and she will notbe entitled to return to teh UK without making an application for entry clearance.

 

With regard to the jeweller, I would suggest that she writes to the person requesting return if tehJewellery within 7 days ir she will issue legal procedings, if at the end of the 7 days he still has not returned the jewellery, she will have to issue procedings for return of teh jewellery.

 

She will need to make a claim at a County Court using Form N1.

 

I hope this helps, if so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

 

 

Customer: replied 5 years ago.

Hi.

If I understand correctly. He has no right to withold my daughters belonging's and demand she pay for their return. Is this correct?

 

As we are in Australia, getting hold of an N1 form might be dificult. Would it be feasable to have a legal letter sent to him form a solicitor in Australia requesting the return of the jewelery and other personal affects.

 

Rgds

Peter

Expert:  INC replied 5 years ago.

Hi,

 

Yes that is correct. He is not entitled to withoold her belongings and demanding that he receive payment.

 

With regard to Form N1, click on the following link for a copy:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338

 

 

I hope this helps.

Customer: replied 5 years ago.

Hi ,

 

Thanks for your help. One last question.

 

He has threatened to sell the jewellery if his demands are not met. What could we do if he does this?

Expert:  INC replied 5 years ago.

Hi,

 

He is not entitled to sell the jewellery. Your daughter should inform him that if he sells the jewellery without her consent, she will take legal action against him. She may even have to obtain an injunction preventing him to sell.

 

I hope this helps.

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Thanks for your help

 

Rgds

Peter

Expert:  INC replied 5 years ago.
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