Spouse Visa.

Habib2342

So assuming he isn't back in work by April 2019 and she is still with her family/relatives - she has to leave ? What if she does a runner and goes into hiding ?

indiepanda

Habib2342 wrote: »

So assuming he isn't back in work by April 2019 and she is still with her family/relatives - she has to leave ? What if she does a runner and goes into hiding ?

I don't quite follow your line of questioning. Yes, she would have to leave. She should already have done so as your brother should have notified the authorities that their short lived marriage broke down some time ago - frankly I think she is already an illegal immigrant because her visa is conditional on her living with your brother as husband and wife.

The way you describe things (jackpot) it sounds like you strongly suspect she used him to get into a country where she already has extended family, and it wasn't love on her side at all and this suggestion from her family of a "reconciliation" with you mum funding them just backs that up.

Sure, we all know people overstay visas and UKBA aren't always that good at tracking them down and sending them home. Is that what your brother is planning? To not tell UKBA the relationship has broken down and pretend he doesn't know where she is so he can stay here - perhaps because he feels guilty for not being fully honest with her about his illness before marriage? I really wouldn't advise that as a route.

She can't get round the rules by marrying someone else by the way, she would have to divorce your brother first, at which point she would be deported and she'd have to apply for a visa to come back as a spouse to the next husband. I wouldn't be surprised if that got declined either - they would be very suspicious after the relationship with your brother broke down. And if they had any suspicion they hadn't been honest and told UKBA as soon as possible of the breakdown of the relationship, they would almost certainly decline any future applications for her to come into the country. UKBA take quite a black and white view of things - if you've lied to them, you are seen as someone who always lies.

coolcait

As others have said, the wife and/or your brother should notify the Home Office now.


Depending on the details of the events which you have vaguely described as "they clashed, it brought about a relapse", the wife may be able to apply to settle in the UK.


But, as the very first answer said, it would be better if she got a good immigration solicitor who deals with family issues.

silvercar

Habib2342 wrote: »

I don't think he's going to do that as he is trying to patch things up and get back on track. However if he doesn't achieved this by April 2019, then does her right to be in the UK lapse and she has to go back or be forcibly removed ?

Possibly she will have a change of heart when faced with the thought of being sent home.

Sicard

What nationality is she? I ask because this may have some bearing on various options available depending on the country. I brought my Kenyan wife over and although she had a spouses visa we went down the 'remain to leave' visa route in which case she had to undergo an English course followed by a citizenship course. Thereafter she can stay as long as she wants but it is quite expensive as the courses aren't free and the visa is costly.

This was a long time ago some things may have changed and my recollections could be wrong but I seem to recall on the spouses visa she wasn't allowed to work or claim any benefits.

It may be in their best interests if she wishes to remain in the UK to go down this route and could be a negotiating point for a reconciliation.

On the point of the schizophrenia: I used to work extensively with paranoid schizophrenics both in a residential and day care setting. They really only become 'ill' when not on their medication. The law is such that they can't be forced to take them but someone who has knowledge and can build up rapport with them can persuade them to. The drug most commonly used now is Olanzapine which replaced others that had unpleasant side effects but the newer drug has less and is very effective.

If he has mental health problems he should have a care plan which is organised by the mental health team connected to social services. Amongst other criteria an annual visit to a psychiatrist is part of this plan. It's worth investigating.

Good luck.

indiepanda

Sicard wrote: »

What nationality is she? I ask because this may have some bearing on various options available depending on the country. I brought my Kenyan wife over and although she had a spouses visa we went down the 'remain to leave' visa route in which case she had to undergo an English course followed by a citizenship course. Thereafter she can stay as long as she wants but it is quite expensive as the courses aren't free and the visa is costly.

You can't just apply for leave to remain after doing a couple of courses. You will have to have a number of years resident in full compliance of the terms of the visa you came to the country under to be granted indefinite leave to remain (the timescales vary according to visa, spouses can apply sooner than those who came under a working visa). Given she's already broken the terms of her visa by leaving her spouse and not notifying the authorities, I wouldn't rate her chances highly I think you have to have at least two years with your spouse in this country, and still be with them to apply, not six months.

There is a wealth of information on ww.gov.uk about immigration, I can't see anything to suggest someone who only stayed with their partner for 6 months could get the right to stay here. By all means consult a lawyer, but I will be surprised if they can find a loophole.

UKBA are pretty tough on immigrants these days which is why all the Brexiteers are so excited about the prospect of being able to apply the same / similar tough rules to EU citizens to slash immigration (I do not share this excitement I hasten to add - I was in favour of remaining). I say this as someone who had a fiance visa turned down on both application and court appeal as my fiance had broken the terms under which he had come into the country and they believed he was using me for a visa, despite evidence to the contrary. All this Daily Mail stuff about not sending someone home just because they own a cat is seriously misleading. The reality for the majority of people is (provided they find you) if you've not got a valid visa, you will get sent home.

TBagpuss

Gingernutty wrote: »

If the schizophrenia wasn't under control, was he mentally fit to marry?

Is the marriage valid?

It would only be invalid if he was so unwell that he did not understand the nature of the arrangement - i.e. if he was too ill to know the ceremony was a marriage.

TBagpuss

Habib2342 wrote: »

So assuming he isn't back in work by April 2019 and she is still with her family/relatives - she has to leave ? What if she does a runner and goes into hiding ?

The important part is what *he* does.

It would be wise for him tp inform the Home Office they have separated. He can make clear, if this is the case, that he is not currently starting divorce proceedings and that he is hoping for a reconciliation.

It sounds as though e may be better off thinking about divorce proceedings, (not least because that will get much harder, if he waits and she does disappear or returns to her home country) but that's up to him to decide.

If he keeps them informed about the separation then he is unlikely to be in any trouble, even if she does end up getting deported or staying illegally.