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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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my wife (from russia) has just been granted indefinite leave

Resolved Question:

my wife (from russia) has just been granted indefinite leave to remain, (two weeks ago) and has now left me, saying that she does not want to see me again, is it possible to have her ilr revoked?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you believe that she considered the marriage to be a sham and do you have any evidence of this?

Tom
Customer: replied 1 year ago.

Hello, yes, she never took the marriage seriously, we lived together for one year, then she left me, we would see each other maybe once a fortnight, and speak on the phone once or twice a week, but refused to live with me again, she needed to be married for two years before ilr was granted, she said the relationship we had would continue, and that eventually we would live together again

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

ILR would only be revoked where there was evidence that the marriage was a sham and only for convenience. You would have to produce this to the UKBA.

You have to tread a careful line here because we’re talking about deception from her party (certainly) because she has effectively deceived the UKBA of your marriage being genuine. However, if it was plain that you were also involved in the deception then you would also be guilty of an immigration offences.

The fact that you had been separated or not regularly living together does speak to it being a sham, so it might be that you have explain yourself adequately why, taking this in to account, you still considered the marriage to be genuine and credible and therefore supported her ILR.

IF it was the case that you genuinely believed that the marriage was credible and would remain so and can explain this to the UKBA then it’s not likely that you would face any action.

So, on that basis if you are still minded to do so then you can inform the UKBA in writing of the fact that your marriage has broken down because she has left and that you believe now but not at the time that the marriage from her point of view, was a pretence to securing ILR. They can then investigate and issue an action to revoke ILR. However, they are very busy and embattled frankly, so don’t expect rapid action.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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 1 year ago.


yes, one last question, what evidence would be considered? my sister lived with me recently for four months, she saw my wife twice in that time at the property i was renting (technically my wife`s address), would a statement from my sister saying that wife was not living there at that time be sufficient?

Expert:  Thomas replied 1 year ago.
Hi,

Yes, that would help. It would in large part depend on your own evidence. Perhaps have a look for emails or text messages which confirm that she was absent during this time as well.

Please remember to rate my answer.


Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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