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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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Our son married a Kenyan girl summer of 2008 and brought her

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Our son married a Kenyan girl summer of 2008 and brought her back to UK. She left the marital home (Slough Berkshire) two years ago, has stolen his credit card and run up a huge debt, moved to Newcastle and started a new relationship and is now pregnant by this man.
What legal avenues should he be advised to explore urgently, as on the basis of this evidence there is reason to believe he was used as an "instrument" to gain access to the UK.

He has spent the last two years trying to encourage her to return to the marital home and despite many promises by his wife that she would, she never has.

He was contacted this past week by his wife seeking a meeting to discuss the debt etc., and the fact she wishes to seek a divorce now that she has met someone else and is pregnant with his child.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your question.
If she is not named on the credit card account and has run up debts then this is potentially a crime. He may consider speaking to the police, but they may consider it a civil incident unless she has defrauded others by deceiving them in to believing she was him to use the card.
They need to come to an agreement about the debt, if he authorised her to carry out some transactions on the card and he is solely named and she simply went overboard then he will remain liable to the credit card company.

As to divorce there is a presumption in the case of short marriages that each party has a 50% interest in the matrimonial assets acquired during marriage (the presumption is stronger if no children are involved). Assets acquired pre-marriage in one of this length generally remain the property of each individual.
If she has not yet obtained indefinite leave to remain then she cannot obtain it at the present time unless your son confirms they are still living together as man and wife, which presumably he is not minded to do.
He can inform the UKBA that the relationship is at an end and that he considers the marriage to be a dececption, a ruse. They will curtail her visa and if they catch up with her possibly issue deportation proceedings. However, if her boyfriend is a UK citizen and the child shall also be then her chances of staying in the country are greatly improved regardless of whether her informs the UKBA.
Sorry it could not be better news, he has my sympathies.

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Kind regards,


Tom
Customer: replied 2 years ago.
Thank you Tom. It is very difficult for us being in Canada but in our opinion she really wants to stay in the UK and we are trying to advise our son that he should be pro-active now in order to possibly recover some of the debts and expenses he has incurred. It looks as thought there is a four year deadline (immigration law) and if this is the case, there's not much time. Would you confirm that he must go to UKBA and how does he do this?
Expert:  Thomas replied 2 years ago.
Hi,

If she came on a spouse visa then she must apply for indefinite leave to remain. She could do this after being here married to your son for two years but only if he supported the application for this.

If he hasn't supported the application then she cannot stay without making another application based upon her new relationship (if with a UK citizen or someone else holding indefinite leave to remain).

He needs to contact the UKBA by phone and inform them of the break up and then follow it up by letter:-
http://www.ukba.homeoffice.gov.uk/aboutus/contact/contactspage/immigration/

Contact telephone numbers at the bottom of the above link.

Trust this clarifies, please click accept.

Kind regards,

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