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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
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Ive decided to divorce my wife (the divorce part is covered).

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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?

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.

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Kind regards,

Thomas, Solicitor
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years 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?


Yes, any application that she submit will have to give a her residential address. It's essential for an application.

I'm afraid that you stating to the UKBA that you are not happy with her living at your property does not mean - from the UKBA's point of view - that she does not have a legal right to stay there.

Do you own the property, or do you rent?

Customer: replied 2 years ago.

I own the property


Basicaly, you need to see a solcitor to sort out the financial side of the divorce. This would include sorting out her right to occupy the property.

If you were to attempt to evict her by giving her reasonable written notice of her eviction then I assume that she would immediately seek legal advice and they would attempt to regsiter her matrimonial home rights against the property so that she could re-occupy it.

If you see a solicitor they will begin negotiations for a settlement that will include her not living at the property.

Customer: replied 2 years 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?


This question is a little out of my purview to be honest but the answer is probably "not necessarily". She could still assert her rights.

My view is that you shoudl seek financial settlement from her and include her eviction in with that.


Customer: replied 2 years ago.
The problem I'm facing is that she will never agree to a financial settlement from me.

Well then you will be free to evict her then I should imagine.

You need to see a solicior directly to do this though.


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