Seperation With 8 Months To Go On Visa

[thebee]

I asked a few questions on here a while ago when my marrige started to fall apart. I have tried very hard to patch things up but we have now agreed to split up. My wife will move out in the next couple of weeks to a shared house as she says she cant live in the same house anymore. She still has 8 months on her 2 year spouse visa remaining but with the money she earns from her cleaning job she will be able to support her self but she says that she cant go home to the family unless she has big money as they will all make fun of her. I understand in Thailand keeping face is a big issue but have heard from a friend that she is thinking of going on the game to get extra money. This has got me very very worried . I know she has worked bars in the past and I would never want her going back, but I do not think she understands what she is doing in England and she is not very streetwise. I am at my wits end and do not know what to do, should I tell the police, should I tell her family who will be very unhappy at us splitting up after meeting 5 years ago but would never want her doing this. I wish I had the money just to send her home with but I have not (no way near) I still dont know how I am going to pay for her flight home as money is so tight at the moment. I live in hope she is just trying to guilt trip me but she can be very imature and that is why the marrige has failed. Any help would be great as her friends are worried and so am I.

[saintofsilence]

If you are her sponsor and no longer want to sponsor her I believe you are reqired by law to report your seperation to the immigration and then it is up to them if she stays.

Edited June 26, 2009 by saintofsilence

[7by7]

Technically she is able to stay in the UK until her current leave to remain expires.

However, as her leave to remain is dependant upon her marriage to you, she will be unable to extend and will have to leave the UK or be here illegally.

Unless she is alleging the marriage breakdown is due to domestic violence committed by you on her, and she has police and medical evidence to support this allegation.

(Please don't take offence, I'm not implying anything; just stating the rules.)

Up to you if you inform UKBA of the break up or not. Doing so wont change any of the above.

[ThaiVisaExpress]

If you write to UK/BA and inform them you are no longer in a subsisting relationship they will write back to you for confirmation of this. If you sign it and return it they will remove her from the UK.

[thebee]

Thank you for your posts. If I think she is really going to go on the game then I will have to try to get her removed from the uk as I still care about her and am worried about her safety. Would informing the police of her plans help my case or not. Will I have to pay for her flight even though she has left me. I dont have the money but if she is safe I will be happy to find it somewhere. I am going to get legal help next week but any more info would be great. Cheers

[theoldgit]

If you write to UK/BA and inform them you are no longer in a subsisting relationship they will write back to you for confirmation of this. If you sign it and return it they will remove her from the UK.

Yes you should inform the UKBA that you are no longer able to support her as the relationship is no more, but it is highly unlikley that they will remove her from the UK.

[theoldgit]

Thank you for your posts. If I think she is really going to go on the game then I will have to try to get her removed from the uk as I still care about her and am worried about her safety. Would informing the police of her plans help my case or not. Will I have to pay for her flight even though she has left me. I dont have the money but if she is safe I will be happy to find it somewhere. I am going to get legal help next week but any more info would be great. Cheers

I think that it's unlikely that the police would take any action but on balance it's probably a good idea to advise them of your concerns, if you believe that she may be sucked into the sex trade against her will then your case might be stronger.

I think regarding the payment of flights you are between a rock and a hard place, someone has to pay, you obviously don't want nor can you afford to, she probably cannot afford to either, and she wants to go home with a wad of cash, her options are limited.

I have said elsewhere that you need to advise the UKBA that the relationship is no more it's then in their hands, and whilst her reason to stay fails with the end of the relationship it's highly unlikely that she will be removed though she will be required to leave when her visa expires.

[theoldgit]

Unless she is alleging the marriage breakdown is due to domestic violence committed by you on her, and she has police and medical evidence to support this allegation.

A very good point, there is a very good network amongst the Thai community and I have been told that in such cases women are advised by other Thai women to claim they have left their home because domestic violence, then under the protection of the Immigration Act they allowed to remain, at least for the time being.

[ThaiVisaExpress]

You will be suprised they can remove her i know of a guy who wrote and confirmed this and she was deported at Heathrow on entry from a family visit.

[Eff1n2ret]

Thank you for your posts. If I think she is really going to go on the game then I will have to try to get her removed from the uk as I still care about her and am worried about her safety. Would informing the police of her plans help my case or not. Will I have to pay for her flight even though she has left me. I dont have the money but if she is safe I will be happy to find it somewhere. I am going to get legal help next week but any more info would be great. Cheers

Your first duty is to protect yourself. Her motivation may be (i) to find a way of staying here, and/or (ii) to get "big money" out of you.

You need to consult a divorce solicitor to understand your rights and potential liabilities. You should try to avoid being alone with her from now on, so that you're not vulnerable to accusations of threats or violence which would bolster her case in divorce proceedings or an application for Leave to Remain.

Inform UKBA (not the police) that you can no longer sponsor any application she makes, and leave it at that. If her Leave is curtailed or expires, you are not liable for any of the costs of removing her, it falls to public expense.

[ThaiVisaExpress]

Not forgetting if you married in Thailand it is much easier to divorce at the place you married. I have first hand experience of this via a close friend he has been trying to get divorced for2 years from a Thai national who has now returned to Thailand.

Edited June 27, 2009 by ThaiVisaExpress

[7by7]

Indeed.

Not forgetting that in the UK one cannot divorce until the marriage is at least two years old and you will need to do so through the courts.

Very important to note that if you divorce at the Thai embassy in London then although the divorce will be recognised under Thai law, it will not be legal in the UK! The only place one can divorce in the UK is through the courts.

[ThaiVisaExpress]

Just going back to what i was saying i have known of one person deported on entry on a Tourist visa last year.

Reason immigration said her circumstances had changed from when she applied for the visa.

[CharlieB]

Just going back to what i was saying i have known of one person deported on entry on a Tourist visa last year.

Reason immigration said her circumstances had changed from when she applied for the visa.

Yes, but that was when she turned up at the airport for re-entry. Hiw wife is in-country now and by the sounds of it, not planning on leaving and trying to re-enter any time soon. It's unlikely that the border force will turn up on her doorstep to kick her out. It's not impossible, but it's unlikely. I think their priority is locating illegal workers so they can fine the employer £10k per illegal and get a bit of cash in for Gordon to spend on MPs expenses.

[Eff1n2ret]

Just going back to what i was saying i have known of one person deported on entry on a Tourist visa last year.

Reason immigration said her circumstances had changed from when she applied for the visa.

A passenger with a valid visa has a right of appeal before removal if the visa is cancelled, as does someone in-country whose Leave is curtailed by UKBA. People can and do exercise their right of appeal even if it has little chance of success, as it enables them to prolong their stay, possibly by many months.

It should therefore not be assumed that anyone refused entry or an extension of stay will be removed quickly, unless they decide they don't want to appeal.

[theoldgit]

You will be suprised they can remove her i know of a guy who wrote and confirmed this and she was deported at Heathrow on entry from a family visit.

Being refused entry isn't the same as being removed when you are already living in the UK is it?

[ThaiVisaExpress]

They have the right to remove anybody if she cannot maintain and accommodate herself or the sponsor has withdrawn his support,or is working illegally within the UK.

Where a marriage has broken down the non settled partner has no longer has any claim to remain in the UK on the basis of why they entered through marriage.Either they must show that they fit into some other part of the immigration rules or their are strong exceptional circumstances for them to stay under human rights .

What the UK/BA decide to do is entirely up to them but they may deport her especially if she is offering illegal goods or services for sale.

That's my take on the issue and you are entitled to your opinion

Edited June 27, 2009 by ThaiVisaExpress

[Mossfinn]

If the reasons for a visa have changed and the applicant has no recourse to fit into another, then yes she can be deported, but does anyone know of a person so reported being deported outside of an airport or having been picked up by other means, I suggest they will not pursue under the usual circumstances.

[7by7]

It is unlikely, even if the OP informs UKBA that the marriage is over, that anyone will come looking for her.

However, were she to remain in the UK once her current leave has expired she would be here illegally, which means, among other things, that she would not have access to the NHS or any public benefits, including housing, and would not be able to work legally.

UKBA do check on illegal workers, and if an employer is found to be employing them then the employer faces a heavy fine (£2000 per illegal employee rings a bell, but it may be higher) and the illegals face deportation.

Finally, were she ever to leave the UK then she would not be able to come back, unless she applied for the appropriate visa. If she did this then it is probable that the overstay would come to light (the gap between her current leave expiring and her re-entry into Thailand would be a big clue!) and so she would have to overcome this in order to be granted another visa.

[Mrbiggus]

If you write to UK/BA and inform them you are no longer in a subsisting relationship they will write back to you for confirmation of this. If you sign it and return it they will remove her from the UK.

Complete Crap

I informed them of my divorce/separation from my Thai wife and never heard a thing from them. In fact she carried on working after the Divorce Nisi and her time was up (over two years from the spouse visa)

she was here in the UK illegally working; Found a new gent, married him and now she has yet another mug for her to prey on.

So "ThaiVisaExpress" utter nonsense.

To "thebee" you can not get anybody removed from the UK you are not God nor Gordan Brown or The Queen you have no rights in this matter.

Go see a solicitor and get the divorce petition signed on her ASAP. For if she runs away and you cannot find her then you will never be able to get on with your life as she might come back in twenty years and make her claim

7by7 also incorrect information a divorce can only be started after ONE YEAR of marriage, not two.

The information on this site is very incorrect and very dangerous.

GO SEE A SOLICITOR.

If you have no money then I would say you are a very lucky guy as this Thai will not be able to screw you anymore

[7by7]

7by7 also incorrect information a divorce can only be started after ONE YEAR of marriage, not two.

I stand corrected; you are correct on this one point.

I mixed this up with the two years living apart required for a 'seperation' divorce with consent. Apols to the OP.

[hhgz]

"I know she has worked bars in the past...she is not very streetwise."

Oh please. She knows which side of her bread has the butter on it. Frankly, as someone who got married to a woman who has "worked bars", I believe that it is you who is not so streetwise. Now, she's making you feel guilty, and you can expect to have your arm twisted so she can "save face". Let's call a spade a spade. A woman who works bars is not worried about saving face.