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 Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My husband is from South Africa and we married in Sept 2009

Resolved Question:

My husband is from South Africa and we married in Sept 2009 he then came to the UK on a marriage visa as I am a UK citizen, In July 2011 my husband moved to London as told me he wanted to be on his own for a while,(he also woeks in London which is a 45 min train ride from our home to centre of London) I felt then that our marriage was in trouble and he said we can work at it and try to solve the issues he said he would comee home on weekends, he has only been home 6 times since July 2011 I have had to go to London on weekends if I want to see him which of course I did as I love him. I signed the papers for his indifinate leave to remainwhich he giot at the end of Oct 2011 and since then he has become the most awful person to me speaks to me like somethibng on the bottom of his shoe and keeps telling me not sure what he wants. I am almost 100% sure that he onloy married me and used me to gain entry to the UK. As yet I have not contacted the home office to advise them of our seperation as I kept beleiving we woukld get back together, My husband has never paid any house bills or helped me to pay them the only thing he started to pay from May 2011 was the council tax £156.00 per month but on Monday the 16th Aopril he told me he is no longer going to pay this as cant afford it. I cant speak to him as he oputs ther phone down on me or if in person it leads to a majour argument. I feel totally used by him but dont know if the home office can do anything he took our a loan from Barclays last year for £15,000.00 which he didnt tell me about andd I have also found him talking to women on dirty web sites asking them all to meet him, I have all proof of this as I copied and pasted all the chatts I found he had been having, again when I asked him about this he said so what. I havent spoken to him since Monday gone as he was very nasty to me and I dont feel I ca take anymore. Please can you tell me if the home office would return him to SA with all the dirt I have on him and the disgusting websites he's been on, I HAVE BEEN USED AND HAVE WOKE UP FAR TO LKATE HE PULLED THE WOOL OVER MY EYES. I dont know what to do. Thank you
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
The UKBA will required confirmation from you in writing that you consider that you consider that the marriage has irretrievably broken down. The UKBA will then curtail his visa on their records.

The UKBA is very, very stretched at the present time so it will probably be that they may not have the manpower to come and actually detain and then deport him. They might though.
IN any event his leave to remain in this country would be cancelled and when he attempts to leave the UK (thinking he might be able to re-enter) then would stamp his passport confirming he no longer has leave to remain in the UK.
If they do detain him here before he tries to leave he would be subject to deportation proceedings. If you do not confirm that you are still in a relationship then he will be deported, his chances of securing further leave to remain are dramatically increased if you have children though. There would be a hearing if he attempts to avoid deportation and he may receive a ban depending on how he leaves the UK.
Obviously if you do nothing then he would not be able to apply for ILR unless you support the application.
It’s for you to decide if you wish to tell the UKBA. It’s a difficult situation 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.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.

My husband like I said already has his ILR for the UK this is why I asked the question if they can still sent him back to the SA even thoughh he has the ILR. He used me to get in the UK an get his ILR even though we where living apart at the time I signed the papers as he had me believe that our marraige could work, he knew he didnt want the marraige really. He used me, I know he did. Should I contact them will they beale to still send him back to SA or not

Expert:  Thomas replied 2 years ago.
Hi,

I do apologise, I must have misread that part of your question.

If he obtained ILR at the end of October 2011 then he has still remained married for your for a further 6 months since obtaining ILR. This means that you would probably have to prove that deceived you in to believing that your marriage was genuine and that there was a reasonably prospect that it would continue.

I note your comments regarding his behaviour and I agree it's appalling, but being of appalling character does not mean that you cannot at the same time mean that it is impossible for you to be in a marriage that is genuine.

You can gather the evidence that you have and inform the UKBA that you are certain that he used you to get ILR, but proceedings to revoke ILR once it has been obtained are diffifult and expensive for the UKBA and they will generally only commence these proceedings where their case is a completely watertight (eg. documentary evidence recording that the ILR holder is only doing it to get ILR).

In your case I would suspect the UKBA would take the view that there is too much uncertainty in their case to commence proceedings against him unfortunately.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas 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