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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 875
Experience:  UK Lawyer holding practising certficate for England & Wales.
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SirsThis question concerns a possible

Customer Question

Sirs This question concerns a possible ‘marriage of convenience’, deception in obtaining Indefinite Leave to Remain and making false declarations on a U K visa application and marriage licence. My wife was originally an Uzbekistan citizen but obtained Russian citizenship around 2009. We ‘met’ online when she carried out work for me designing book covers (I am a book publisher), then, following face to face meetings in Russia and Ukraine, she came to England on a ‘work’ visa at the invitation of my company and we decided to marry. We seemingly fulfilled all of the marriage visa requirements which was obtained without problems and married on 15 March 2011. She has two daughters, one a dependent at that time and another age 25/26. Her younger daughter joined us in the U K in September 2011. The marriage was not successful but we remained in the same house until she applied for Indefinite Leave to Remain on 26 April 2013 which was granted for her and her younger daughter. Almost immediately she began to look for separate accommodation for her and her daughter and left in September 2013. We have lived apart since then although we are not yet legally separated. In the interim the following information has come to light: 1. She made a false declaration on each of her U K visa applications in that she entered the Netherlands illegally in 1999 from Uzbekistan and was deported when discovered after a few months. Her visa applications made no reference to this in the appropriate question. 2. On her status on our Marriage Certificate she describes herself as ‘Widowed’. She was, indeed, widowed in 1994 but remarried in Uzbekistan in 2002/2003. I have no knowledge as to whether this marriage has ever been dissolved. In any case, this is another false declaration. Of course, if the marriage has not been dissolved then we are looking at bigamy which is obviously very serious. I presume there is a way of obtaining this information? 3. Throughout our marriage she was apparently active on dating sites such as match.com and social media sites such as Facebook, with her status as ‘single’ and ‘looking for a relationship’. 4. During that time there are documented online conversations with men describing that she married only because we had similar business interests and to secure a better future for her daughters in the U K. Her older daughter visited the U K several times in the last three years and recently married a man from Edinburgh. Her younger daughter entered the U K education system and has a provisional place at university in September 2014. I have tried to document the above as objectively as possible and appreciate that we are looking purely at legalities here and not, for example, value judgements. My question(s) are really what can be done about the above scenario. It certainly seems to be quite a blatant case of a ‘marriage of convenience’ if there is such a term. In fact, my question was prompted because I came across the following definition of eligibility of Indefinite Leave to Remain: ‘Each of the parties intends to live with the other as his or her spouse and the marriage is subsisting.’ From the above information, even setting aside the false declarations which I would assume are criminal offences, this was palpably not the case when the application was granted. I assume, too, that there is a means whereby, under such circumstances, I L R can be revoked? Yours faithfully John XXXXX XXXXXX.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a 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 an 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
Customer: replied 2 years ago.

Dear Nicola

Thank you for your reply and efforts which are appreciated. I do understand that the question is complex and not too conventional. In a sense it breaks down into a number of sub-questions so if a higher fee is required I would be happy to pay this.

There are very few people with the experience and expertise to answer this sort of question so I will be prepared to wait until you can locate one amongst your ranks. It is important to me that I am better informed about this situation.

With kind regards,

John

Expert:  Nicola-mod replied 2 years ago.
Hello John,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Nicola

I am not quite sure what is happening now regarding my question - I received a '25% discount offer' today saying I had requested a refund which I have not done.

Does this mean that you cannot find anyone to answer the question and, if so, shall I simplify it to make it more accessible?

Kind regards,

John

Expert:  Nicola-mod replied 2 years ago.
Hello John,
I'm afraid those emails are automated and I don't have any control over them.
The question is still open although I am very sorry as we have not yet found a Professional to assist.
Would you like me to continue searching?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Dear Nicola

I understand. Perhaps it would be better if I simplified the question. I am quite happy to do this. If so, technically would you delete the question and I post another or do I need to delete it myself?

Not sure of the logistics involved.

Kind regards,

John

Expert:  Nicola-mod replied 2 years ago.
Hi John,
I think you would need to post another question with a new deposit; I will then close this one and refund the deposit associated with this question.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Dear Nicola

Okay I will post other question and you can refund for this one as you suggest.

Kind regards,

John

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