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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 34236
Experience:  25 years hight street experience
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After receiving her indefinite leave to remain, my wife has

Resolved Question:

After receiving her indefinite leave to remain, my wife has disappeared with my child.?
She is in this country and may of gone back to a refuge. She received her ILR on the 8th September 2009 and disappeared on the 9th september with our 18 month gorgeous boy. She returned after a week and said she was upset and down (which is why she went to the refuge) She spent 3 weeks with me and everything seemed fine we were happy e.t.c and even tried for another child. She then said she would like to go back to pakistan to see her mum (she has no further family ere) which I agreed to and she went from here happy and normal with our boy on the 7th october. She had put in a return date of 5th jan 2010 but I subsequently found out she had arrived 4th November. I contacted the police (again) and after a few hour they told me that she had been located and she and child were fine. I found out she was coming back as she wanted me to fly in on the 30th nov so we can spend eid together and return together. Have I been used by her to gain rights in this country and as a baby making machine? Please help as I a absolutely devastated and shocked as everything was perfect until her ILR came through she didn't even tell me she received it
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  Clare replied 7 years ago.

hi

i am afraid that now the ilr has been granted it will not be withdrawn

so far as contact with your child is concrened ou must make an application to the ocurt and ask the court to order the DWP to release the address of your wife to the court - they will transfer the case to her nearest court and set a hearing date

you could serve her with the divorce papers at that hearing if need be

claire

Customer: replied 7 years ago.

I appreciate what you are saying but immigration has to question her conduct. My divorce is on the grounds of deception

Expert:  Clare replied 7 years ago.

hi

no i am afraid immigration do not have to question her conduct and are unlikely to do so - especially since there is a child involved

this is a separate issue form your ability to issue a petition based on her unreasonable behaviour

i do understand how hurt and angry you feel but her ILR will not be revoked - not least because she has had a child with you

claire

 

Customer: replied 7 years ago.

She went to another country and has not been see since. She has taken my child. I have been used by her so she can gain access to public funds.

 

Now she will try and take everything I have got. Are you a specilist in immigration or family law?

Expert:  Clare replied 7 years ago.

hi

]i am a family law specialist with immigration experience as it relates to family law

claire



Edited by claire on 11/9/2009 at 3:51 PM EST
Customer: replied 7 years ago.

Ok thanks. From your viewpoint, there is no chance of revoking her indefinite leave to remain based on deception? The same time as my divorce petition being submitted on unreasonable behaviour (deception) I know there is a child involved but if it helps I would want to go for full custody because of her intentions of using me. Whats in store for my son god only knows

Expert:  Clare replied 7 years ago.

hi

i am afraid that i have dealt with a number of similar cases and the ILR sinmply will not be revoked in these circumstances

claire

Customer: replied 7 years ago.
So the jusdge would rule in her favour even though she is a fraud. Great
Expert:  Clare replied 7 years ago.

hi

i am not sure where a judge will come into it

- the border agnecy simply will not revoke the ILR

claire

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