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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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My sister is a British citizen and got married in Bangladesh

Customer Question

My sister is a British citizen and got married in Bangladesh on March 2008. Her Husband came to the UK on a spouse visa on May 2008. He made an application for Indefinite Leave To Remain.

My sister wasn't very happy with this marriage and realized that her husband's intention for this marriage was to get a British passport. Therefore, she traveled to Croydon, Home office and cancelled the application her husband made and demanded a divorce from her husband.

When my family (father, sister and brother) discovered what my sister had done, they were furious, they gave all the verbal and physical abuse they can. At the end, they promised my sister that they'll arrange a divorce as long as she goes to their solicitor and makes a re-application. My sister agreed.

About three month ago, he got his passport back. His passport had a sticker, Limited Leave to Remain.


She recently escaped from home and went to France to meet her boyfriend (long distance relationship) and got married (Islamic marriage). My father and her passport hungry husband went to the police station to report her missing. The Police called me and I have explained the situation.

She got back to the UK today and wanted my help for the following matters:

1. Can she cancel her husband immigration status and get him deported some how?

2. She needs a divorce from her husband and it's obvious that her husband will not sign the divorce papers (his immigration status seems not perfect) plus there is a child involved. Could she get a divorce? If so, how long would this divorce procedure take?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

He could have applied for indefinite leave to remain in may 2008, are you certain he has only limited leave to remain?

Customer: replied 6 years ago.
Yes, Because my sister cancelled the first application after some time when the application was made. This cancellation got him very worried. He was terminated from his job. He couldn't apply any social benefits. His two year time has lapsed.

After allot of domestic pressure and false promises made about the divorce would be arranged, my sister had to sign on a re-application for ILR. But when his passport arrived, it had Limited Leave to Remain on the passport.

Would writing a letter to the home office help? Is there a way to get him deported?
Expert:  Thomas replied 6 years ago.



Thanks for your question.


She should really have specific contact details for the UKBA on the documentation/correspondence sent to her by the UKBA referring her to ways in which she can update any change in circumstances. I would tell her to look for this, failing that she can contact them in ways described on the following page but she will probably be passed on to the relevant department:-


It will be for the UKBA to decide whether or not to deport him, but following a recent ruling if he is the father of a UK citizen then he will be at liberty to obtain further leave to remain on the basis of this parentage (if he takes specific legal advice, which I presume he would do when faced with potential deportation proceedings).


If he will not accept service of the divorce petition then she can have them served on him by a professional process server that she can instruct privately. The server will then swear an affidavit stating he received the papers and then the divorce can proceed. The quickest divorces usually take around 4-5 months.


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Kind regards,


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