Visa Cancellation

[topdjdel]

Hi all,

A bit of advice or knowledge around a bit of a delicate situation,I'll try and keep it brief as i can but with as much info as poss.

My mrs has relative here in the UK,her marriage is going west(sorry east) but where the break up is more and more probable she is concerned over her visas etc.The hubby is threatning to cancell her visa if she leaves him.She has ILR but I was wondering whether or not he can do this or what she should do-there is no third party involved Im told.

Does she tell immigration her marriage has failed and state she is happy in England(circunstances no pun intended)and would like to stay??

I would really like to help her,but Im not 100% sure with what answers or advice to give.

Any advice or knowledge would be most appreciated and I thank you all in advance.

delboy

[Mossfinn]

Hi Top,

ILR Info

There is a section here that states, ' At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.'

So how long has she been here?

Her Husband cannot cancel anything.

Moss

[topdjdel]

Thank you Moss,

HOW LONG HAS SHE BEEN HERE?? she has been in the UK 3and half years.

She has done the probation period when she first had the settlement visa 2yrs and now has full indefinate leave to remain.

Its just one of them sad stories of a marriage breakdown,however as we are at the other end of the country we have said to her come and stay with us.

I'm told her hubby is refusing to give her passport to her,Ive told her to demand it,if was more local Id get it for her.

After speaking with her not so long ago she did say that she would like to stay in England and work-she said and i found this quite funny I came from thailand to England so coming to you will be easy.The way she said it did make me laugh.

I hope so I said,but Im not sure of the rules.

Once again,many thanks.

delboy

[Mossfinn]

I'm afraid Del,

You are going to have to wait for the more knowledgeable posters, but if she has ILR then that is exactly what she has got, Indefinite Leave to Remain. Her Husband cannot cannot cancel it!

The problem is the passport, I am not sure how you intend to get this back and the consequences if she does, but the passport belongs to her, or being pedantic, it probably actually belongs to the Gov't who issued it, so she could have recourse to the local constabulary.

If he says he hasn't got it, then you can apply for another, stating the reasons for loss.

Or you could show a little muscle, I wouldn't advise this, any convictions, no matter how trivial can come back and bite you in the arse for entry into other countries.

Good Luck in any case.

Moss

[the scouser]

Unless it can be demonstrated that the ILR was obtained by deception, it can't now be taken off her soley because she splits up with her husband, so she's in the clear and can stay in the U.K. However, if she were to spend more than 2 years outside of the U.K., she would lose it.

As Moss said, she can either ask for her passport back or report the theft of it to the local plod. If she fails to have it returned, she can apply to the Thai embassy for a replacement and the Home Office to have her ILR placed therein. If she has the letter which came with the ILR endorsement, she can use that as evidence of her entitlement to be in the U.K.

Scouse.

[Mahout Angrit]

Exactly a Scouse says (of course!). With ILR she can remain in UK ( there are so many relationships where the girl just waits for the ILR to drop through the door then she's off with her bags!).

As for her passport if her husband can't be persuaded to give it to her and she has no other issues with him then the easiest is probably just to report it stolen so as to get a police report then apply for another one at the Thai embassy in London (she will need the report and her Thai ID card).

[topdjdel]

Thanks guys,all words have been most appreciated.

Im sure she will be a bit happier knowing that she can stay in the UK,I did say to her if her hubby does not give her passport then go to the police she has plenty of freiends down there to help her Im told,she knows where it is but does not know the combinations.

I would suspect the husband is hurt by the break up,naturally and I personally think that is the case,once the dust so to speak has settled he would probably give it back.I'm sure hes not monster,always seemed pleasant to me but then what goes on behind closed doors who knows.

My missus is a bit panicy as her niece is well lets say a sandwich short of a picnic and is naturally concerned for her as I am.

As I've said earlier she's at the other end of the country so its difficult to help her but if needs must and after all its family this week potentially looks interesting.

I have read and heard of horror stories where the lady has got ILR and buggered off,I believe this is not the case tho,the sparks have gone is my impression and by coming here I think would be good for her,it will at least give her and him time to get there heads straight.

Many many thanks guys

delboy