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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
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my husband is Turkish and was made a British Citizen earlier

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my husband is Turkish and was made a British Citizen earlier this year through his marriage to me. After his first visit back to Turkey in 4 years he has come home to tell me he doesn't want a life with me anymore and that he has been now promised by his family in a Muslim marriage to his cousin. He wants me to divorce him so he can then bring this new wife to the Uk as his spouse they also share the same surname. I have said I wont divorce him he must me as I did not break up the marriage.
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 8 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

Could you state what you would like to know?

Kind regards
Customer: replied 8 months ago.

my husband is Turkish and was made a British Citizen earlier this year through his marriage to me. After his first visit back to Turkey in 4 years he has come home to tell me he doesn't want a life with me anymore and that he has been now promised by his family in a Muslim marriage to his cousin. He wants me to divorce him so he can then bring this new wife to the Uk as his spouse they also share the same surname. I have said I wont divorce him he must me as I did not break up the marriage.

Customer: replied 8 months ago.

my husband is Turkish and was made a British Citizen earlier this year through his marriage to me. After his first visit back to Turkey in 4 years he has come home to tell me he doesn't want a life with me anymore and that he has been now promised by his family in a Muslim marriage to his cousin. He wants me to divorce him so he can then bring this new wife to the Uk as his spouse they also share the same surname. I have said I wont divorce him he must me as I did not break up the marriage.


Where do I stand surely he should divorce me , if I him will it make it easier for him?

Expert:  UK_Lawyer replied 8 months ago.
Thank you for your reply.

If you do divorce him then yes it would make thing easier for him as the divorce will not be contested and if there are no children involved then it would be a relatively simple divorce.

However if he initiates the divorce proceedings then he would need to pay the required fee for petitioning for a divorce and then it would be up to whether you agree with him divorcing you or not. The matter would then go to court and it would be put in front of a judge and the judge would need to view the case and see if a divorce should be granted to your husband, the judge would also need to view the case and decide if there are adequate grounds for a divorce. The grounds for a divorce are as follows:

Adultery
Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them. You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife behaved so badly that you can no longer bear to live with them. This could include:
• physical violence
• verbal abuse, eg insults or threats
• drunkenness or drug-taking
• refusing to pay for housekeeping

Desertion

Your husband or wife has left you:
• without your agreement
• without a good reason
• to end your relationship
• for more than 2 years in the past 2½ years

You can still claim desertion if you have lived together for up to a total of 6 months in this period.

You have lived apart for more than 2 years
You can get a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
You have lived apart for more than 5 years
Living apart for more than 5 years is usually enough to get a divorce, even if your husband or wife disagrees with the divorce

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 8 months ago.


can you then tell me if he would have the right to bring a new wife into the UK from Turkey and not have his immigration status re looked at. AS at this time feel he has used our marriage in order to gain British citizen would his application be looked upon especially as he as divorced me as suspicious

Expert:  UK_Lawyer replied 8 months ago.
Thank you for your reply.

The unfortunate part of this is that it is not an uncommon thing at the moment. a lot of applicants obtain either indefinite leave to remain or citizenship and then leave their respected partners.

The fact is that the home office is unable to distinguish a genuine divorce from an divorce which isn't. The fact that he is a British Citizen means that he is no longer subject to immigration control he is able to divorce and remarry as many times as he wishes. Due to these happening the home office have introduced longer residency requirements from July 2012 ie from 2 years to 5 years prior to becoming eligible for indefinite leave to remain to test the validity of the marriage.

Although unfortunate the fact that he now has citizenship he is able to remarry if he wishes. The home office will not look at in a suspecting way.

I hope this clarifies the matter, I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
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