marriage breakdown and immigration

PM

My friend needs advice urgently. She Bren married for 9 months and has had enough will be leaving the guy who's from Indian sub continent.

She's has had bad time and times it's been ugly.

Can anyone help with couple of questions...
How does she make it official is it by divorce? He's not contributed to upkeep and has over 6k off her savings to..

If she looks at offiially ending it now will he get be sent back? This is ideal esspecisly if she could do it anonymously...

Any help much appreciated

Thanks

RAS

Hi

You might want to read here http://www.fco.gov.uk/en/fco-in-action/nationals/forced-marriage-unit/

Even if it is not fully appropriate, they could be a starting point.

ninsy75

You will need to contact the UK Border Agency. Contact details can be found on the UKBA website under contact details ( sorry cannot post link)

Once they recieve this information, they will investigate it and then get permission from your friend to use her 'statement' to curtail the visa ( that is to cancel it staightaway).
they will inform her husband of these details at his last known address and ask him to leave the country.
His details will be added to certain databases so if and when he leaves the UK, he will not be able to enter on the marriage visa again.

If you have any more questions, feel free to ask as I work for the UKBA

Nina

Catti

You cannot start divorce proceedings until you have been married for a year!

suki1964

Catti wrote: »

You cannot start divorce proceedings until you have been married for a year!

Why is that?

Bossyboots

suki1964 wrote: »

Why is that?

Because that is the rule. You have to have been married for a year before you can present a petition for divorce.

seadee

http://www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/DG_4002976

More info

suki1964

Thankyou

I already knew but its always helpful to others to know. Doesnt take two secs to add a linky to clarify. Obviously the Op and family arent aware of the law

PM

Thanks everyone.

What is the procedure in the case when you want to split before 12 months?

Also can the Spose try and make a claim on the savings even though he hasn't contributed. He's actually still for 6k he won't give back

Immigration said same as guys above though he can make a claim for some other visa, I think he's applying for army to.

Archlever

Hi,

Sorry to hear about your friends situation. What is the status of the husband's visa. She can only ask for deportation if his visa is somehow dependent on hers (i.e. spouse or marriage visa) and the marriage has legally ended. If he's in the country legally under any other category surely a divorce is not grounds for deportation, unless he's committed a criminal offence which could end in deportation.

In terms of divorce, the OP is right you cannot apply for one before a year of marriage (no exceptions are allowed to this rule). The other way around it could be separation...but the best thing to do is to talk to Citizens advice for further guidance.

Hope this helps. All the best to your friend.

margaretclare

She could separate from him now - has she got somewhere else to go? She could notify the Immigration people, then in only 3 months' time she could start the divorce process on the grounds of his 'unreasonable behaviour' - sounds like that, from your description of its having been 'ugly'. It seems that 'unreasonable behaviour' can mean just about anything, remembering what happened at the time of my DH's last divorce!!!!

If he only married her to stay in the UK, if she suspects that was the case or if she knows it to be so, she could mention that to Immigration.

Yes, it's true you have to have been married for a year before you can start divorce proceedings. It used to be 3 years!!!

No, he can't make a claim on her savings, especially after such a short marriage.

You said 'I think he's applying for army to....' I don't understand that. Applying for the Army - to do what? Do you mean he's applying to join the Army? I don't think non-nationals can join our Army. But your statement is a bit ambiguous.