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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband is from South Africa and we married in Sept 2009

Resolved Question:

My husband is from South Africa and we married in Sept 2009 he then came to the UK on a marriage visa as I am a UK citizen, In July 2011 my husband moved to London as told me he wanted to be on his own for a while,(he also woeks in London which is a 45 min train ride from our home to centre of London) I felt then that our marriage was in trouble and he said we can work at it and try to solve the issues he said he would comee home on weekends, he has only been home 6 times since July 2011 I have had to go to London on weekends if I want to see him which of course I did as I love him. I signed the papers for his indifinate leave to remainwhich he giot at the end of Oct 2011 and since then he has become the most awful person to me speaks to me like somethibng on the bottom of his shoe and keeps telling me not sure what he wants. I am almost 100% sure that he onloy married me and used me to gain entry to the UK. As yet I have not contacted the home office to advise them of our seperation as I kept beleiving we woukld get back together, My husband has never paid any house bills or helped me to pay them the only thing he started to pay from May 2011 was the council tax £156.00 per month but on Monday the 16th Aopril he told me he is no longer going to pay this as cant afford it. I cant speak to him as he oputs ther phone down on me or if in person it leads to a majour argument. I feel totally used by him but dont know if the home office can do anything he took our a loan from Barclays last year for £15,000.00 which he didnt tell me about andd I have also found him talking to women on dirty web sites asking them all to meet him, I have all proof of this as I copied and pasted all the chatts I found he had been having, again when I asked him about this he said so what. I havent spoken to him since Monday gone as he was very nasty to me and I dont feel I ca take anymore. Please can you tell me if the home office would return him to SA with all the dirt I have on him and the disgusting websites he's been on, I HAVE BEEN USED AND HAVE WOKE UP FAR TO LKATE HE PULLED THE WOOL OVER MY EYES. I dont know what to do. Thank you
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Thanks for your question.
The UKBA will required confirmation from you in writing that you consider that you consider that the marriage has irretrievably broken down. The UKBA will then curtail his visa on their records.

The UKBA is very, very stretched at the present time so it will probably be that they may not have the manpower to come and actually detain and then deport him. They might though.
IN any event his leave to remain in this country would be cancelled and when he attempts to leave the UK (thinking he might be able to re-enter) then would stamp his passport confirming he no longer has leave to remain in the UK.
If they do detain him here before he tries to leave he would be subject to deportation proceedings. If you do not confirm that you are still in a relationship then he will be deported, his chances of securing further leave to remain are dramatically increased if you have children though. There would be a hearing if he attempts to avoid deportation and he may receive a ban depending on how he leaves the UK.
Obviously if you do nothing then he would not be able to apply for ILR unless you support the application.
It’s for you to decide if you wish to tell the UKBA. It’s a difficult situation and you have my sympathies
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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 5 years ago.

My husband like I said already has his ILR for the UK this is why I asked the question if they can still sent him back to the SA even thoughh he has the ILR. He used me to get in the UK an get his ILR even though we where living apart at the time I signed the papers as he had me believe that our marraige could work, he knew he didnt want the marraige really. He used me, I know he did. Should I contact them will they beale to still send him back to SA or not

Expert:  Thomas replied 5 years ago.

I do apologise, I must have misread that part of your question.

If he obtained ILR at the end of October 2011 then he has still remained married for your for a further 6 months since obtaining ILR. This means that you would probably have to prove that deceived you in to believing that your marriage was genuine and that there was a reasonably prospect that it would continue.

I note your comments regarding his behaviour and I agree it's appalling, but being of appalling character does not mean that you cannot at the same time mean that it is impossible for you to be in a marriage that is genuine.

You can gather the evidence that you have and inform the UKBA that you are certain that he used you to get ILR, but proceedings to revoke ILR once it has been obtained are diffifult and expensive for the UKBA and they will generally only commence these proceedings where their case is a completely watertight (eg. documentary evidence recording that the ILR holder is only doing it to get ILR).

In your case I would suspect the UKBA would take the view that there is too much uncertainty in their case to commence proceedings against him unfortunately.

Trust this clarifies, please click accept.

Kind regards,

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