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Posted (edited)

Hi scouse, a few people have suggested i ask you for help on this topic also posted in the general section. cheers.

Thanks for all the advice on the last post guys.

A couple of weeks on and things have not changed. She came to see me at work last Monday and apologised and said she would move back into my house. The next day her tone was different or should i say indifferent. Then again on thursday she came to stay the night. I stupidly believed her. Then in the morning while she showered I found her phone and on it where 16 text messages from another guy. 'I miss you! where are you?' etc. etc.

when i asked her about them i got a slap and told to '###### off and die'. later on she called to say sorry and again said she would change her number and move back in with me. i'm blind with love for the girl and had another happy day again. she said she was working. i went there she was not.

i gave her friends husband a call. he confirmed she had been seeing this guy for months. he also told me something which shook me to the core. she had told her friend that she had left me because i had beaten her up. this was a possibility that a few of you had suggested. of course i have not beaten her up and she has never had any bruises or anything to prove i had.

i think i am going to go down to lunar house in croydon tomorrow afternoon and tell them everything. i have been told that they will investigate her ability to survive without my sponsorship which means they will probably ask to see her wage slips which i know all display a major excess of legal hours. they will also probably contact her college which is the reason she is here. They will probably find out a lack of attendance.

question is am i doing the right thing? I know she is seeing another man for definate and has been lying for months and then constructing more lies to cover up the uncovered ones. her deception is staggering now i think back. i feel i cant sponsor her anymore now i dont even know for sure where she is and considering i know she is in breach of her visa. the big thing that scares me is whether she will play the battered girlfriend card she told her friends. she is so ###### good at lying they may take her side and i may end up in big trouble and she may get permanent residence.

we were going to go to thailand for a month together in 2 weeks. she has now cancelled her ticket. the ticket i bought her is an open return and expires in mid january.

or am i better off forgetting it all and letting her do her own thing.

any advice gratefully recieved once again.

Edited by walg
Posted

Walq,

From what I can recall, you are not married to this lady but, rather, she is in the U.K. as a student. Is this correct and what date does her current authority to stay expire?

If I am right that she is in the UK as a student, then any allegation of violence or abuse, true or otherwise, will not entitle her to remain in the U.K. This concession applies only to unmarried partners, spouses and civil partnerships. Notwithstanding this, any such allegation to the Home Office has to be accompanied by police reports, hospital reports, social worker reports and women's refuge reports, so the chances of making such an accusation stick where no abuse has occurred are minimal. I would, however, still change the locks on your property.

If you wish to report your girlfriend to the authorities, I wouldn't bother going to Croydon in person. It is likely to be a fruitless and long day. Instead, I would write to:-

I.N.D. Evidence and Enquiry Unit,

12th Floor,

Lunar House,

40, Wellesley Road,

Croydon,

CR9 2BY.

In your letter you should state your girlfriend's name, date of birth and nationality. You should also set out the reasons why you believe her to have broken her conditions of stay; e.g. she's working in excess of that allowed for students and she's not attending her classes. Also state where she is meant to be studying, the subject, and where she works. Send your letter by recorded delivery.

It is unlikely that the Home Office will immediately act upon the information. They will probably ultimately refer it to the immigration enforcement office which covers where she lives/works and they, in time, might pay a visit. However, politically speaking, failed asylum seekers are flavour of the month, so don't realistically expect something to happen straight away. At least your letter will be on file should she seek permission to stay longer.

There is an alternative to writing to the Home Office but it depends how vindictive you want to be. Sect. 24 (1) of the Immigration Act 1971 states inter alia:-

A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 4 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:--

(:o if, having only a limited leave to enter or remain in the United Kingdom, he knowingly....

(ii) fails to observe a condition of the leave.

Sect. 24(2) then states:-

A constable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit an offence under this section

So, basically, when you know she's at work, you can dob her in to the cops and ask that they have her nicked. The police might ask from where they derive their powers of arrest under PACE, to which you can explain that it's a preserved power. However, to have her kicked out of the UK, they will need to have evidence that she is either not attending her course, or is working in excess of 20 hours per week during term-time; i.e. your say-so will not be good enough.

All the best,

Scouse.

Posted (edited)

Thanks Scouse.

She was on a student visa which expired in june. She reapplied and got an extension with temporary leave to remain. It still states working hours must not exceed 20 hours a week. Her extension was for 14 months so expires in august. her place ticket expires in january.

I will take this advice and write to Lunar House. I have also spent the last hour trying to set up a meeting with a solicitor. It may help to have something in writing filed away safely.

With regards the abuse claims. I have two previous English girlfriends who I saw for 6 years and 3 years respectivly. I hope if it comes to it they can give me a charachter reference stating that I am not some kind of wife beater.

As for dobbing her in with the old bill. Its good to hear that but I think I will leave it to the letter.

I had booked to go on holiday with my girlfriend to Thailand in December for 4 weeks, strangely she decided that she wanted to stay in the UK where during holiday time she can legally work longer to make some big money for herself and her family. I now know the real reason.

Anyway I think I will write that letter this week and then go away kick back, relax and try to forget.

One more question. Do i mention the abuse claim in the letter?

Thanks again

walg

Edited by walg
Posted
She reapplied and got an extension with temporary leave to remain.

Until when, walq ?

Anyway I think I will write that letter this week and then go away kick back, relax and try to forget.

After you've changed the locks, eh buddy :o

Posted (edited)

If i were as a poster on the other forum sugested to just forget it and move on. would my rights be affected if she gets into trouble in any way in the future.

until august. sorry i just edited my post.

locks, changed ASAP.

Edited by walg
Posted

Are you named as a sponsor (or any other form of relationship) on any of her visa or leave to remain applications?

If you are and you were at some time in the future to sponsor a visa application by someone else then you would probably need to explain what had happened to this relationship.

That's all, really.

Posted
Are you named as a sponsor (or any other form of relationship) on any of her visa or leave to remain applications?

If you are and you were at some time in the future to sponsor a visa application by someone else then you would probably need to explain what had happened to this relationship.

That's all, really.

Went tits up because of her infidelity issues. :o

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