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stylethai
22nd Dec 2007, 06:39
My wife asked me yesterday what will happen to her friend (well someone she works with) in the following situation?

She is on a 2 year marrage visa (think she came in on a 6 month fiance visa then got married in Uk) so got a 2 year <STRIKE>set m</STRIKE> FLR visa.
Now they are getting divorced (the blokes a proper butter fly and a bit of a **** etc etc), he has got the divorce papers but she has not signed them yet (he wants her to asap) will she have to leave asap after signing the papers (if he tells the authorities) or can she stay until june 2008 when her <STRIKE>set m</STRIKE> FLR visa runs out?


Cheers if you can help.......


Visa type stated edited by Admin (Paul) for clarification

stylethai
22nd Dec 2007, 06:39
My wife asked me yesterday what will happen to her friend (well someone she works with) in the following situation?

She is on a 2 year marrage visa (think she came in on a 6 month fiance visa then got married in Uk) so got a 2 year <STRIKE>set m</STRIKE> FLR visa.
Now they are getting divorced (the blokes a proper butter fly and a bit of a **** etc etc), he has got the divorce papers but she has not signed them yet (he wants her to asap) will she have to leave asap after signing the papers (if he tells the authorities) or can she stay until june 2008 when her <STRIKE>set m</STRIKE> FLR visa runs out?


Cheers if you can help.......


Visa type stated edited by Admin (Paul) for clarification

Keef & Lee
22nd Dec 2007, 10:55
From what you are saying... she has ILR? If so I dont think she has to leave, being divorced should make no difference - she can stay and go on to get citizenship in her own right...

If she has only a 2 year "FLR", following fiance visa and marriage, then I step aside for the real experts here to advise you...... :)

stylethai
22nd Dec 2007, 11:30
Originally posted by Keef & Lee:


If she has only a 2 year "FLR", following fiance visa and marriage, then I step aside for the real experts here to advise you...... :)


That's the one (not a set m visa as i said) sorry my mistake , following a fiance visa,she does not have an ILR visa.

Cheers.......Mark

Merseymike
22nd Dec 2007, 11:57
In theory, the BIA could curtail her current permission to stay, but that it unlikely. The chances are, therefore, that she can legitimately stay until her leave expires. However, if she wished to remain longer than June, it is unlikely that she will qualify for any further leave.

Tobias
22nd Dec 2007, 12:14
I agree with Merseymike, it is clear the lady in question currently has FLR and consequently (on the information posted so far) she will have to leave the UK before the current leave to remain expires. Are you able to amplify why/how the relationship broke down?

stylethai
22nd Dec 2007, 12:34
Originally posted by Tobias:
I agree with Merseymike, it is clear the lady in question currently has FLR and consequently (on the information posted so far) she will have to leave the UK before the current leave to remain expires. Are you able to amplify why/how the relationship broke down?


Thats true it is definatly a "FLR" visa.

She knows she can't extend it, i dont know the full reason of the marrage brake down she says he has been sleeping around, Have met him a couple of times and he does not seem the nicest of people, but i am sure there are two sides to every story,
He has said on the divorce papers "Irreconcicable differences"
She just wants to know if she can stay until the visa runs out?(living with friends), if she signs the petition to divorce as he wants or should she not sign? will it make any differance to the remaining time on her visa?
In other words if she signs can he get her kicked out of the Uk before june?

Cheers ....Mark.

Tobias
22nd Dec 2007, 12:54
Originally posted by stylethai:
... if she signs the petition to divorce as he wants or should she not sign? will it make any differance to the remaining time on her visa?
In other words if she signs can he get her kicked out of the Uk before june? As I don't know the circumstances I can't advise one way or the other if consenting to the divorce is the right or wrong thing to do.

However, from an immigration point of view, as Merseymike says, it probably won't make any difference. It is unlikely she will be forced out before the current leave expires.

She should be sure to leave before the leave does expire so as not to become an over-stayer, especially so if she has any desire to return to the UK again in the future - either as a visitor or for settlement.

stylethai
22nd Dec 2007, 13:28
Thats kinda what i thought,

Thankyou very much to both of you for the advice i don't want to get involved (as the wife says "up to them/can do what?"), i just what to let her know where she stands from an immigration side of things.


Thanks again.....Mark.

John
22nd Dec 2007, 13:33
Has she been subjected to any domestic violence? If so is there any proof of that? The Police involved? Doctor? Social Worker? Anyone?

stylethai
22nd Dec 2007, 13:53
Originally posted by John:
Has she been subjected to any domestic violence? If so is there any proof of that? The Police involved? Doctor? Social Worker? Anyone?


Nah nothing like that.

John
22nd Dec 2007, 15:31
These divorce papers she is being asked to sign. Who is the Petitioner? That is, who is accusing whom of "Irreconcilable differences"?

IanB
23rd Dec 2007, 03:06
She should take advice on the divorce papers. If she hasn't done anything wrong or disagress with what is written she does not need to sign them.

What happens if they are separated but not divorced? I am guessing she cannot then get ILR?

Ian

Tobias
23rd Dec 2007, 03:19
Originally posted by IanB:
What happens if they are separated but not divorced? I am guessing she cannot then get ILR? I would think that most unlikely, unless she has been subjected to domestic violence and is somehow able to produce evidence to establish such abuse (hence both my and John's questions above).

As there is no suggestion of domestic violence and it appears she is unlikely to qualify for any other class of leave, then she should be making plans to return home prior to the current leave expiring to prevent prejudicing any future application for leave to enter the UK.

stylethai
23rd Dec 2007, 06:43
She told me last night the care home where she works want to sponser her (as they do with some other employees)...So we will see what comes of that.
I wish her the best as shes a nice lady and has had a rough run with this bloke (all to familier story i know)


Thanks again for all your help........

Cheers....Mark

stylethai
23rd Dec 2007, 06:47
Originally posted by John:
These divorce papers she is being asked to sign. Who is the Petitioner? That is, who is accusing whom of "Irreconcilable differences"?


He is the petitioner, as you say the one who is accusing her of "Irreconcilable differences"....

Cheer's.....Mark.

Tobias
23rd Dec 2007, 11:15
Originally posted by stylethai:
She told me last night the care home where she works want to sponser her ... If you mean for a work permit then I'm afraid this is also very unlikely. What job is it that her employer proposes to sponsor her?

The rules for employment visas have been tightened over recent years and I will be very surprised if she qualifies under this category.

Vinny
23rd Dec 2007, 18:01
Originally posted by Tobias:

Originally posted by IanB:
What happens if they are separated but not divorced? I am guessing she cannot then get ILR? I would think that most unlikely, unless she has been subjected to domestic violence and is somehow able to produce evidence to establish such abuse (hence both my and John's questions above).

As there is no suggestion of domestic violence and it appears she is unlikely to qualify for any other class of leave, then she should be making plans to return home prior to the current leave expiring to prevent prejudicing any future application for leave to enter the UK.

She may be a victim of "domestic violence" without realizing it.

See also Chapter 8 - Family members (http://www.bia.homeoffice.gov.uk/sitecontent/documents/IDIs/idischapter8/), Section 4 - Victims of domestic violence (http://www.bia.homeoffice.gov.uk/sitecontent/documents/IDIs/idischapter8/section4.pdf?view=Binary) (2. DEFINITION OF DOMESTIC VIOLENCE); and
Chapter 8 - Family members annexes (http://www.bia.homeoffice.gov.uk/sitecontent/documents/IDIs/idischapter8annexes/), Annex AB - List of recognised domestic violence organisations (http://www.bia.homeoffice.gov.uk/sitecontent/documents/IDIs/idischapter8annexes/section4/annexab.pdf?view=Binary)

Tobias
24th Dec 2007, 03:19
Originally posted by Vinny:
... She may be a victim of "domestic violence" without realizing it. Unlikely I would think given the answer to my original question on this issue and John's subsequent question:

Question 1

Originally posted by Tobias:
Are you able to amplify why/how the relationship broke down?
Answer Question 1:


Originally posted by stylethai:
... she says he has been sleeping around ...

Question 2:

Originally posted by John
Has she been subjected to any domestic violence? If so is there any proof of that? The Police involved? Doctor? Social Worker? Anyone?
Answer Question 2


Originally posted by stylethai:
Nah nothing like that.

So, on the information posted so far, it appears there is no qualification under this particular rule either. We certainly don't want to give this lass false hopes of being able to to obtain additional leave once the current leave expires.

galahad
24th Dec 2007, 03:49
It seems a shame that she can,t stay...whilst only taking her side of the story..(who really knows?)
She,s employed,earning a living,paying her way etc...the preamble is that the marriage breakdown is not her fault so why doesn,t the law cover cases like this?
If she accumulated enough support or evidence of her husbands philandering ways why shouldn,t this be enough?
Does she have to get beat up just so she can stay :(
We hear enough of the thai lady getting her visa and them dumping the guy.
What about the ladies/wives who get s..t on by their partners.

Tobias
24th Dec 2007, 05:06
When this lady applied for her visa she applied for a fiancé(e) visa to marry her husband in the UK. Subsequently she applied for FLR, to remain in the UK as the wife of a British citizen. As she will no longer be the wife of a British citizen then she no longer qualifies for leave to remain under that category.

It may appear harsh but the rules are there for a purpose. If the rules were not there then there would be abuse of the system by the unscrupulous or the desperate.

John
24th Dec 2007, 09:45
stylethai, in the marriage we are talking about here, are there any children?

Vinny
24th Dec 2007, 12:26
Originally posted by Tobias:

Originally posted by Vinny:
... She may be a victim of "domestic violence" without realizing it. Unlikely I would think given the answer to my original question on this issue and John's subsequent question:

Question 1

Originally posted by Tobias:
Are you able to amplify why/how the relationship broke down?
Answer Question 1:


Originally posted by stylethai:
... she says he has been sleeping around ...

Question 2:

Originally posted by John
Has she been subjected to any domestic violence? If so is there any proof of that? The Police involved? Doctor? Social Worker? Anyone?
Answer Question 2


Originally posted by stylethai:
Nah nothing like that.

So, on the information posted so far, it appears there is no qualification under this particular rule either. We certainly don't want to give this lass false hopes of being able to to obtain additional leave once the current leave expires.


Originally posted by galahad:
Does she have to get beat up just so she can stay :(

My only concern was that stylethai and his wife's friend may have answered without knowing exactly what is included in the definition of " domestic violence (http://www.bia.homeoffice.gov.uk/sitecontent/documents/IDIs/idischapter8/section4.pdf?view=Binary) ". Nothing more was intended.

stylethai
25th Dec 2007, 04:29
Originally posted by John:
stylethai, in the marriage we are talking about here, are there any children?



No, there are no children involved.