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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am in Uk on tier 1 visa and my dependent wife joined

Customer Question

Hi
I am in Uk on tier 1 visa and my dependent wife joined me in feb 2010. But now things are not working well between us and I want us to go back to india for few days and settle the issues or go ahead for seperation.
But she told me that she will not go from here.
I am leaving the house next week and then I will not be staying with her (if she decides not to go back).
I wil initimat home offcie about this.

What are the implication for me and what are the options with me.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Who is registered as the owner of the property or is it rented accomodation?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
Its a rented accomodation and the contract is in my name only. Though I have added her name to council tax bill
Customer: replied 4 years ago.

Its a rented accomodation and the contract is in my name only. Though I have added her name to council tax bill

 

Do I need to inform police or some body for my safe side? She might do a harm to herself and put blame on me?

Few days back she called police for no immidiate reason (but due to an earlier argument), but police took her away to her friends and then my and her parents intervened and she was allowed into the home.
But now I go only for the sake of sleeping to my own apartment and I am concerned that when i tell her to leave or when I vacate house she might do some thing similar again.

Expert:  Thomas replied 4 years ago.

Hi,

 

If you inform the UKBA that you are seprating from your wife then they will almost certainly make a decision to curtail her visa. If curtailed then they would write to her asking her to leave the country. She would have the right to appeal but these are rarely acccepted.

 

They do not physically go to every house to deport her because practically speaking this is difficult for them, but they do go to the house or when they otherwise catch up with her then she will probably be deported.

 

If you are concerned about how your wife is to react at any point then in view of the fact that the police already have a recorded incident then I would let them know before you tell her about separation. If you are concerned at the immediate time of telling her then it would be best to have a third party present (perhaps her parents if you think they accept the situation but this is up to your judgement.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks Thomas! can you pls clarify few things below

Will home office ask for any kind of proof for seperation? She might say that I do not want to separate and what recourse do I have in that case.

Is there a way that I tell UKBA in advance and then they can speak to her and leave properly rather than being deported?

Do I have to leave the country as well?

 

 

Expert:  Thomas replied 4 years ago.

A letter from you confirming that although you are married you are separated and that you no longer have a husband/wife relationship will suffice.

 

The UKBA will probably not involve themselves in approaching the situation in the way you suggest - they will either curtail or they won't, and they probably will.


If you still have a valid worker's visa then this will continue.

 

Tom

Customer: replied 4 years ago.
Hi
Further to our last interaction, we went to india and the matter is with legal now. We are not legally seperated but are not living together and she is in india.

I have told home office about this and told that I am not going to sponsor her if she comes over. Is that enough and am i covered in respect to her expenses and other activities in the UK.

What harm can do to me if she manages to come over to the UK.

I have not heard anything from the home office on this yet.
Expert:  Thomas replied 4 years ago.

The Home Office may require further proof of your separation.

 

I am not sure what you mean about her "..expenses and other activities in the UK...". Can you provide details of what you are concerned about.


Tom

Customer: replied 4 years ago.
We I meant that if she comes to the UK who is responsible for her accomodation/day to expenses etc and when a dependent is sponsored the sponsor takes responsibility of the dependent -
She can try to file a case here as well or harass me in some other way or try to hurt herself and put a blame on me etc. or she can some act (illeagal etc) for which i have to pay heavily as a sponsor...
Expert:  Thomas replied 4 years ago.

Hi

 

If she is back in India then I do not really think you need to worry about this too much.

 

You will remain liable for contracts that you signed obviously, or ones that you are and you wife signed under which the liability is joint and several, but apart from that I doubt you are too exposed.


Tom

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