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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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Ive decided to divorce my wife (the divorce part is covered).

Customer Question

I've decided to divorce my wife (the divorce part is covered). She is about 1 year and 10 months into her FLR (M) spouse visa. I want to write a letter to the border agency to cancel this. She is an Iranian citizen. I've spoke to the border agency on the phone for advice and all they can say is that if I send the letter then she is not my problem anymore - they can't ellaborate on that though. I know that because she is an Iranian woman she is liekly to be allowed to stay in the country. What I want is for her not to be able to stay living with me in my flat. If they were togive her another visa or asylum would they allow her to carry on living in my flat with me even if I write in the letter that I don't want this? The way I see it id they say if i wrote them a letter saying I don't want this anymore and they are saying she is not my problem anymore but they allow her to stay in my flat with me then she is my problem. Whats likely to happen?
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

The UKBA exists to regulate immigration. This means to grant visas and to revoke visas where appropriate

They will not get involved in where your wife lives. They have no powers to evict her or to insist that she remains living with you.

Once you have written to the UKBA informing them that you and your wife are no longer in a married relationship they will write to her. The letter that they send to her will advise that they have or will curtail her visa and that at this point she will no longer have legal leave to remain in the UK. It will advise her to leave the country.

What she does then is entirely up to her: no doubt she will submit another application for a new visa or asylum.

Really, her ability to occupy the property depends on whether you are jointly named on the land registry title (if you own it) or on the tenancy agreement. If either is the case then she has a right to stay in it.

If the property is in your name and she is not jointly named then you can attempt to evict her, but she may seek legal advice and attempt to secure a right to stay there whilst the financial aspects of your divorce are being resolved.

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
Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 10 months ago.

If she submits a new application for a visa or asylum she will have to state where she is living - this is important to any visa or asylum application. If i am stating that i am not happy her living in my property that will surely affect any new application. Am I right?

Expert:  Thomas replied 10 months ago.
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Customer: replied 10 months ago.

I own the property

Expert:  Thomas replied 10 months ago.
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Customer: replied 10 months ago.

If we are divorced and the decree has gone through then she has no right to be in my property right - and it will be up to her to sort any financials out - right?

Expert:  Thomas replied 10 months ago.
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Customer: replied 10 months ago.
The problem I'm facing is that she will never agree to a financial settlement from me.
Expert:  Thomas replied 10 months ago.
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