How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CharlotteSJ Your Own Question

CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
Type Your UK Immigration Law Question Here...
CharlotteSJ is online now
A new question is answered every 9 seconds

I have been having an affair with a poor (Financially) Indian

Resolved Question:

I have been having an affair with a poor (Financially) Indian woman who happens to be married with three children for the last four years. She has tried unsuccessfully to leave or divorce her husband but her family and community refuse to let her. Now her husband has found out she has gone into hiding after he beat her. We were hoping I could move out there if she got a divorce but that has now become an impossibility. Is there any way I could get her and the children to live in England. They would not need any help financially or some where to live as I can support them and own my own property. We would like to marry but do not know how to go about it being she is married already although she has no papers to prove this
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 3 years ago.

As you correctly highlight, the problem she will have is the fact that she is already married. Legally there is not really any way that you can bring her here as a dependent of you while she is still married as even if you applied for a finance visa, you would have to be able to demonstrate that you were both free to marry in the 6 month period that would be granted. If you cannot do that, the visa application would most likely be refused. The unmarried partner visa is also not really an option for you since she is still legally married to someone else and you do not seem to have lived together in the UK for at least 2 years in a relationship akin to a marriage or outside the UK for 4 years on the same basis.

 

The other option for bringing her here is that she comes under the points based scheme as a worker but this is a complicated route to take and it involves her finding a job etc before she can come.

 

Legally there is little that you can do. If she is in danger in her country then she could seek protection from the authorities in India and if they fail to protect her, there is the option of seeking asylum in the UK but this is not something that you can do, she will have to do it herself and it is not a decision to be taXXXXX XXXXXghtly as the requirements for qualifying as an asylum seeker are strict and if her application fails then it can have adverse consequences for future applications she may make to come to the UK to live.

 

The best advice I can offer is to try and help her get out of the marriage from within India and then you can bring her here as your fiance or wife under the immigration rules.

 

I hope this answers your question in which case please accept. If you require any further information, please ask.

 

Are there no womens refuge's in India that she could seek assistance from in getting a divorce? In the UK there are organisations that assist women in getting out of violent situations and helping them seek legal advice to get a divorce, even if the spouse doesn't necessarily consent to it, particularly where violence is involved. Can you not go to India to assist her in this and then bring her to the UK as a fiance or spouse?

CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience