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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7580
Experience:  BA (Hons), PgDip, Practising Solicitor
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I married my husband in cairo in 2010 he joined me in 2012

Customer Question

hello i married my husband in cairo in 2010 he joined me in 2012 the marriage had desolved due to him being engaged to his cousin in egypt he has mentally abused me i was pregnant unfortantely our son had down syndrome he encourged me not to have my son i am of sick work he says he dont need me now he be in the UK 5 years next year is planning to apply for british passport so basically the marriage was based on him getting permanent here can his indefinite leave to remain be stopped or can i stop him obtaining a britsh passport
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: united kingdom
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: just trying to sort out a divorice
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: UK Law
Expert:  Thomas replied 10 months ago.

Hi,

Have you separated from your husband?

Have you commenced divorce proceedings?

Tom

Customer: replied 10 months ago.
Hi
am separated i did not register the marriage in UK therefore will obtain a divorice from the egyptian embassy in london he has agreed to this
Expert:  Thomas replied 10 months ago.

Hi,

Thanks.

Are you a UK citizen?

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

Thanks.

What month did your husband join you in the UK in 2012?

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

Great. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 10 months ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If your husband has not yet completed 5 years residence on his spouse visa then you can tell the home office that the relationship has broken down and that you will shortly commence divorce proceedings.

The home office should then write to your husband to advise him that they are curtailing (ie. terminating) his visa and advising him that he needs to leave the UK or make a new separate application.

This does not necessarily mean that he will leave the UK, but it does mean that he would have to make another application. If he has a child in the UK and is involved in the child’s upbringing and will continue to be then he could make an application based on his rights with the child.

However, this application based on the child is not an easy one to make an he may have to first apply to court in order to secure a contact order with the child confirming that he should have contact/visitation with the child. Additionally, the evidence he would need to submit is quite complicated and he would need to instruct a solicitor.

So, yes, you can compel the home office to terminate his visa but the likelihood that he would ultimately secure leave to remain based on the child is quite high but it will take time, put him under pressure and be difficult for him.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 10 months ago.
Hello tom thank you we have no children i do not have a address for him at present but i will definietly write to them and explain i am hoping we can get divoriced in the egyptian embassy that way i can send them a copy as well thank you
Expert:  Thomas replied 10 months ago.

Sorry, I thought you mentioned that you had a child. Perhaps I misunderstood.

In that case, it's going to much more difficult for him to stay in the UK after the home office curtail his visa. It's now quite probable that he would be issued with removal directions to deport him if he does not leave the UK and does not make a further application.

His options for a further application are now severely limited if he does not have children in the UK.

Please remember to leave positive feedback.

Tom

Customer: replied 10 months ago.
Of course thank you Tom I will write to the home office with all the facts
Expert:  Thomas replied 10 months ago.

You're welcome. Please do leave feedback when you are finished.

Expert:  Thomas replied 10 months ago.

Hi

If you have no further questions then please do leave positive feedback.

Kind regards,

Tom

Expert:  Thomas replied 9 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom