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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hello, i am just making enquires regarding what i believe could

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hello, i am just making enquires regarding what i believe could be a fraudulant immigration application. sadly my wife left me in december 2010 after 19 years marrige and she is a US citizen with a indefinate stay permit granted in 2003 in her US passport. she left the marrige in december for no valid explanation other than the unreasonable behaviour option given in british marrige law{we were married in the USA} whilst planning this divorce she used our marrige status to apply for a british passport which has recently been granted . And so has now started proceedings against me with no solicitors involved as yet and is demanding 50 % of the equity in the home even though i was the two thirds bread winner.
i would be very grateful for any advise given as i do not know how to proceed ? thankyou so much bye rob anderson.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Rob,


Can you be a bit more precise about when she applied for and received her UK passport?

 

Do you consider that it was fraudulent because you think she applied for the passport whilst believing that her marriage to you was at an end?

 

Kind regards,


Tom

Customer: replied 3 years ago.

she started the process for the passport in january 2011 application AN6{2]+ and she has just told me that she has received dual citizenship and is applying for an EU passport.

yes i believe it is fraudulent as she planned it all deliberately using our marrige as the basis for her application knowing full well it was needed and then planned to divorce once it was granted and i was not fully aware of this ?

Expert:  Thomas replied 3 years ago.

Hi Rob,


Thanks for your question, I would caution this will not be easy reading you I regret to say.

The difficulty in terms of her naturalisation is that the requirements are residence for 3 years for spouses of UK nationals and 5 years for anybody else. Obviously, she qualifies under both of these criteria so even if she were not married she would still be entitled to be naturalised. We don't know how she applied for naturalisation (ie. As spouse or other). Even if she applied citing herself as being married the criteria is that she is married to a UK citizen, which she technically was.

 

The UKBA only take enforcement action in respect of revoking a person's citizenship in most serious circumstances where it has been obtained fraudulently. In my view I cannot say that it has. You can attempt contacting them to see what there view is but I should think they will take a pragmatic view because they are so over-stretched in other areas of immigration enforcement:-

http://www.ukba.homeoffice.gov.uk/contact/report-crime/

 

It would also have the disadvantage of inflaming her approach to your divorce.

 

A marriage of your length is considered a "long" marriage for the purpose of matrimonial settlement. This means that all assets of each party including those ac quired before marriage form the matrimonial assets pool over which a financial settlement must be agreed (either privately or via the courts in ancillary relief proceedings during the divorce process.

 

There is a presumption in long marriages that each party shall receive 50% of those assets. This presumption can be rebutted largely if there are minor children that shall reside with one party or, to a much lesser extent, if one party requires more income/assets because they have a health condition that requires this but in any event it is difficult to see that a Court would depart very far from a 50% split I'm afraid.

 

I would take specific advice from a local divorce lawyer on this after confirming all your assets and hearing what the UKBA have to say. It may be that you accept that she is entitled to a portion of the matrimonial assets pool but choose to negotiate informally with her by appeasing her with less than 50% for the sake of being amicable and thus obtaining a better settlement than you could reasonably expect at Court during the anciallry relief divorce process.

 

I am very sorry it could not be better news and you have my sympathies.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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