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Nicola-mod
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Category: Immigration Law
Satisfied Customers: 11
Experience:  Moderator
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Hi,

Case - Major Point of Concern -

a) As per law in UK , In case she goes to India and obtains a divorce what will happen to me. Since I do not have any other means of living and I am here and now have a job and earning on my own and taking care of all household expenses??
However my visa is a dependant type . What will happen to my future and my career and my family life??

I feel emotionally and psychologically stressed out due to her threats .

Please note I have never threatened her or harassed her in any way. She is always free to do anything she wants .


I would like to discuss my case on the following points related to family law, Immigration law and disputes.

a) Iam on a dependant visa with my wife being on Tier 1 General visa.

b) She came to UK on 2010 and she is in Job in UK and I joined her on July - 2011 and I got job from April - 2012 .We have renewed the visa in March 2013 and now have residence permits valid upto April 2015 .

c) We got married in India.

My Wife general behaviour (very important) when she wants to get something done, she will act nicely and try to get her job done, if I refuse , then she will start yelling and screaming at me.


As soon as we got married , my wife made me to resign my job in India and join her in UK on a dependant visa. Since I was not in Job, she made me stay in shared accomodation .
when I got job in April - 2012 , she made us move into rented house - x amount + bills
she paid only 25% rent + bills and made me pay 75% of rent per month the details can be obtained from bank statements.

Then now in July 2013 - She took a mortgage and included my salary slips and employment details and got the loan sanctioned and bought a house in both of our names.


Right from the beginning , she does not behave friendly with me. She is serious all the time and only when has her things to be done, she is nice and if I tell her I don't want to do it. She will scream and shout till I finish the job.

household jobs - I need to do cleaning utensils, purchase groceries, she does cooking .
The rest of chores are shared - washing clothes , cleaning house.

Issue :- Right from the beginning , she never was friendly and never showed any interest in building husband and wife relationship. Now after 2 years , after she has bought the house she says that we never had sex because there is something wrong with me and she wants to divorce me and wants me to leave her alone.


Important points :-

a) Instead as soon as marriage was done, she said since she is a girl, she needs me to be with her and asked me to join her ASAP.

b )Initially I came on vacation of 2 months and went back then she told me its not a problem we are husband and wife and we should take care of each other and she told me to resign and come here to UK.

c) Since I was not in JOB, she made us stay in shared accommodation.

d) As soon as I got Job, she moved us to Rented house - on her name, all bills on her name
house rentals - x amount + bills she paid only 25% of rent +bills and made me pay 75% of rent pounds.

e) As long as we stayed in Rented house, she used to sleep in a different room, When I used to tell her to come and sleep she used to avoid it by screaming and yelling at me.

f) After the mortgage got sanctioned and we moved into new house , she threatens me that we never had sex and it was all my fault and She will go to India and get a divorce and will leave me.


Thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What job do you have please?

Would they be willing to sponsor you?

Tom
Customer: replied 3 years ago.

Iam working as Software testing - automating the test suites which interact with the developed code and detect the bugs in the developer code.


 


No my employer will not sponsor me .


 


However is there no law against a person who brings somebody here on pretext of dependent and then made use of for 2 years and then abandoned quoting silly reasons.


 


Is this not a criminally motivated cos I have been duped and harassed in all possible ways and she knows very well that my employer will not sponsor me.


 


Where do I go ? What do I do ? Since I have been here , I have been following all the rules and regulations and been a law abiding citizen with no criminal records and I have been paying the Income Tax and NI . My behaviour has always been polite and courteous which can be assessed from my employer and my colleagues with whom I work.


 


Do these things not be taken into consideration ? Can a innocent man not be allowed to live and work since he has been duped . I never had any criminal intentions but this all clearly shows she did.


 


Else she would have called me on a vacation without me losing my job, live with me and than abandon me if she thought I was not right. What was the need to use me for 2 years and then abandon me ??


 


Please help me !!

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Are there any children of the relationship?

Tom
Customer: replied 3 years ago.

no , there are no children in this relationship,


however the thing to note is I never did any harm to anybody.


 


If you see , the victim is me. I put in blind trust in her, lost everything and now being blamed for nothing and being abandoned .


 


The job that I have here is all I have got .


 


 


Iam kinda feeling depressed and sad about all this .


 


 


 


 


 

Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

If you are a dependent of her visa then your status in the UK is at risk.

Your immigration status and your matrimonial rights are separate issues.

If your wife informs the UKBA that the relationship between you as man and wife is at an end then they will write to you. They will tell you that they have been advised of this and that your leave to remain in the UK is curtailed, which means that you will be given a short time (usually about a month) to make arrangements for your return to your home country.

I am very sorry but this is the position of a dependent of a spouse. Therefore, you want to avoid her informing the UKBA of this for as long as possible so that you can potentially work out if there are any other categories of visas that you can switch in to.

Most persons in this situation attempt to switch in to Tier 2 Sponsored Skilled worker visa category:-
www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/
If you cannot switch in to this category, will not study to switch in to Tier 4 and do not have any children or considerable money to invest in UK business then your options are very slim I’m afraid.

If you are both named on the mortgage for the property then this means that she cannot sell the property without your consent. She cannot remortgage the property without your consent either, so you have an element of protection there. However having a property does not prevent you from having your leave curtailed. The asset will form party of the matrimoninal asset pool over which (if you do divorce) you and your wife would negotiate a settlement. If it looks like it’s getting to this stage at any point then you really need to have consultation with a solicitor about your financial rights, based upon the specific information that you give them when you meet.

You have my sympathies. Clearly, she acted in a very mean and unfair way and she should take personal responsibility for that frankly but unfortunately her cruelness does not improve your immigration status.

I am very sorry.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 3 years ago.

what you say is alright from immigration prospective but what about the criminal law ?


 


As a solicitor you may also look into the criminal in the whole episode , cos if Iam to be sent off, as per law. what about her ? can she not be sued for doping me ? what is the need for her to do all this ?


 


Does it not encourage her to do similar things in future with others?


she can again rope in somebody else on the pretext of dependant visa and dope him as well ?


 


So where is the protection for the people who are getting doped as dependants under the overall british law? why are the dependants not being forewarned that they may be doped and hence they need to consider or obtain some sort of security from the primary visa holder before going in for dependant hence protecting the rights of dependant. I would like to obtain the details from the criminal law prospective . thanks

Expert:  Thomas replied 3 years ago.
Hi,

No. There is no criminal offence here. She has not committed a criminal act I'm afraid. She may have misrepresented things to you, but these would not be regarded as things which give rise to criminal proceedings.

It's important that you forget about the crmimal argument, you need to focus your energies on seeing if there is another visa immigration category for which you could become eligible.

The criminal offence of fraud is the only one that might give rise to criminal proceedings. You would probably have to show that she:-
- made a false representation
- dishonestly
- knowing that the representation was or might be untrue or misleading
- with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

To be quite frank though, the police will almost certainly not be interested in this becaue they will say that it is a civil matter.

However, this will not solve YOUR problems (which is the most important thing). Only focusing on securing your immigration status will.

The UKBA are there to regulate immigration, they are not there to provide relationship advice. They cannot give a visa to you as a dependent married spouse effectively saying that they find the marriage genuine and credible but then at the same time also warn you that it might not be genuine and credible because you might be being doped. It would be completely contradictory, if you think about it.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 3 years ago.

The criminal offence of fraud is the only one that might give rise to criminal proceedings. You would probably have to show that she:-

- knowing that the representation was or might be untrue or misleading
- with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.


 


i find the fraud is valid


 


- the representation was or might be untrue or misleading


a)dependant visa is provided when some one is dependant and the relationship is valid


 


b) she misrepresented law and me by bringing someone here on that visa which was not needed in the first place .


 


c)then utilise me, as in case of a person being with her for 2 years.


so she just wanted someone to come here and stay with her till she became stable and than abandon that person and cancel his dependant visa when she found that person was no longer needed.


leads to prime motive .


 


 


- with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.


 


Right from the beginning this is quite true -


a) when i was here and i was without job and she was earning handsomely , she made us stay in shared so that she can gain herself.


b)when i got job , my salary was much less than her salary even then


she made me spend more than her every month and she spent less and had all the bills on her name and rental contract only on her name which is quite clear leading to - with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.


 


c) then when she saved enough money to make a downpayment for house, she went for it , but i guess there was some issue to get the mortgage loan passed hence she roped me in knowing very well that when she pulls the rug under my feet and divorce she will get back everything . which is again a clear motive.


 


d) infact wrt the energies related to immigration I find them almost nil, cos my employer can't give me Tier2 and in other jobs that I have applied for they don't want to provide Tier2 .



e) she jas done her homework before doing this to me.


So she knows that Iam totally at her mercy or at UK mercy .


hence the fraud criminality is quite certain as I have done no harm to her but she is doing all this just to harm me and knowing that it will end up in me being bankrupt . (- with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.)


 


f)She would also know that in the first instance it would all look like civil case and not a criminal one unless you look into the facts more deeply.


which is why I have put my questions to you .


 


 

Expert:  Thomas replied 3 years ago.
Hi,

I appreciate that you consider that she has deceived you. My personal opinion is that it would still not constitute fraud on the basis that the quantifying the loss atriibutable to her deception is far to remote.

You are free to speak with the police if you wish, but my further opinion is that even if it were a criminal offence having her charged would not solve your problems. It would not secure your immigration status and it would not provide you with any better financial recourse than you would probably get in divorce proceedings.

Additionally, it would prompt her in to adopting an even more adversarial approach than she already has. It would certainly prompt her in to informing the UKBA that your marriage is at an end, which woudl then result in your leave being curtailed.

I am sorry but that is my honest opinion.

Please rate my answer.

Kind regards,

Tom
Customer: replied 3 years ago.

You are free to speak with the police if you wish, but my further opinion is that even if it were a criminal offence having her charged would not solve your problems.


 


a)having her charged is the only option else she goes Scott free to harass others in future .


b)infact there should be stringent clasues in UK law to avoid the dependants getting harassed by misuse and misrepresentation of dependant visa by primary holder .


why did she make me spend more than her when she was primary visa holder and she was earning more than me - which is a clear motive to gain more and make more loss to me


and why is the law turning a blind eye to it all ??


 


 


It would not secure your immigration status and it would not provide you with any better financial recourse than you would probably get in divorce proceedings.


 


Like I said before and you know it as well - even if I don't charge her there is no security for immigration status and financial recourse .


which even she knows right from the beginning hence she went into all this in the first place .


 


What will I get in divorce proceedings if I don't charge her?


 


what will I don't get if I charge her ?


 


Charging her will her no impact on divorce proceedings ??


why is the UK law blind to all this in the first place ? why can't there be more stringent laws such as putting such persons in prison confiscating and freezing all their assets and cancelling their primary visa .


 


(primary visa is not issued to bring others here under pretext of dependant make them spend more and then abandon them when you find you are stable enough to take care of things in future )


 


(dependant visa is not issued to bring others here, make them spend and than abandon them midway )


 


and these two are clear in here which is misuse of British law and visa rules


and secondly why british law has no consideration for me in all this scenario ?? Can I not sue the british law itself cos of the looop holes in the law she has done all this and goes scott free .


 


I was in job before I came here and I can provide the evidence for it .


so is the british govt not liable to prosecute her for bringing me here and then abandoning me .


 


it has led to my loss emotionally, financially. she should be made held responsible for it all and sued and put behind bar so that she does not indulge in such activities in future and deported back cos she is misusing her primary visa .


 


 

Expert:  Thomas replied 3 years ago.
Hi,

Your financial arrangements as to who pays what during marriage are your own private individual decisions. You can ask for these to be taken in to account in matrimonial divorce proceedings, that is why this offers you more appropriate recourse than criminal proceedings.

I'm sorry but you are simply not going to get anywhere if you proceed on a criminal basis.

If you inform the UKBA that you consider that she has deceived you and that she never considered the relationship to be credible and genuine at the start then it's possible (unlikely, but possible) that they may revoke her visa. This would make it more difficult to do again.

There is absolutely zero chance of having any recourse against the UK government.

Please rate my answer.

Tom
Customer: replied 3 years ago.

I guess we consult a solicitor who knows law and who has experience in dealt with cases and can easily sniff the cat in the bag .


 


There is absolutely zero chance of having any recourse against the UK government.


- I do not intend to have any recourse from anyone in the first place.


All I am asking for justice not financial recourse.


 


a)If someone has been duped to come here and then abandoned why is the law not taking action against that person ?


 


 


b)Why is the other person being allowed to go scott free to commit more crimes ?


 


c)Do u see any wrong being committed by me on her in the whole episode?


 


d)Has she not doing this intentionally right from the beginning ?


 


e)and she knows she can act innocent and move away?


 


f)should there not be laws to fix these loop holes ?


 


g)laws are made so as to provide justice to all and if there are any loop holes should they not be fixed so that they are not misused in future?


 


 


Ideal scenario - she would have invited me here on vacation after marriage and if she found me useless just have me deported .


which is the right way and no criminal intention on either side.


 


 


how did she live with me for 2 years ? why make me come here on dependant visa ? what is the use of it ?
If I were dependant , why was my earnings utilised ?


 


why is the law not doing anything about it ?


if everything is so plain and clear then why are cases fought in the court . and why these things should have been informed to me before the issue of dependant visa that -


 


a)warning (she can utilise me and is free to abandon me when she likes hence apply for visa at your own risk )


 


b)security(earnings of dependent visa should not be utilised by primary holder and then dependant abandoned midway) which should be liable and punishable act with stringent term


 


c)security( obtain substantial security from primary visa holder for issuing dependant visa incase dependant is abandoned midway - he does not suffer financial risk )


 


That way the dependant visa will not be misused and primary holder will than only apply for dependants in genuine way and not risk other person in future


 


 

Expert:  Thomas replied 3 years ago.
I am not going to debate the moral rightness or wrongess of your situation, I can only advise you of your legal recourse (which I have done but which you refuse to accept).

I'm sorry but I am going to opt out.

Your question will remain open for others to answer.

Good luck.

Tom
Customer: replied 3 years ago.

 


Thanks , I want an answer which should be legally suited to my scenario. Iam not taking about moral - right or wrong, Iam seeking a legal reply perhaps it should be referred to someone with more experience , expertise and knowledge on these matters.


 


for instance you would agree know from the legal cases that you have dealt with


 


crime committed by a criminal is directly proportional to his intellect, educational background, complexity of the crime being committed .


 


In this particular scenario I find that the case is quite complex and so interwoven that she can go scott free but the facts are clearly stating that is a crime being committed right under the british law , within the british constitution where in there visas are being misused and an innocent person is being duped


 


So can you please refer my case to someone who is more experienced and has dealt with similar cases so that it can be looked into the right frame of criminality and legality and law would take its own course so that law is not broken and misused .


 


you did quote the fraud (2 points) and i did provide circumstantial evidence to support the facts of fraud .


 


The criminal offence of fraud is the only one that might give rise to criminal proceedings. You would probably have to show that she:-

- knowing that the representation was or might be untrue or misleading
- with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.


 


These 2 are clear in my case and the british law should provide me justice because


a)Iam innocent


b)I didn't dope anyone here


c)I didn't harrass anyone .


d) I am being victimised due to the loop holes in british visa rules


e) I have made to suffer grieve loss - financial , emotional and psychological


 


These are all against british law and culture which provides and works on a fair and just society where no one is to undergo any kind of pain and sufferings due to the wrong doings of someone else.


 


 

Expert:  Thomas replied 3 years ago.
Please refrain from replying any furher until another expert assists.

Tom
Customer: replied 3 years ago.
Relist: Inaccurate answer.
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question.

In this case it may also be because the professional has answered already to the best of his ability and cannot add any more. It is also worth remembering that sometimes a professional cannot give you the answer you want, but must give their opinion as to the best legal answer.

I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for another answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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