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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Even after 17 years, can a friend of mine have his immigration

Resolved Question:

Even after 17 years, can a friend of mine have his immigration status changed if they knew that he worked nearly all of his original 2 years working visa, then just before it expires he marrys a local girl and claims that her first child is his.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Has the person been in the UK for 17 years and are they still here?
What is the nationality of the girl he has married?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes they have been in UK for 17 years. She is British. He is from South Africa. I am told that she only married him because he threatened to take her daughter from her if she didn't.

I believe he had a 2 yr holiday working visa (work most of the time) she had her baby 9mths before his visa expires, 4mths before his visa expired they married. 1yr after that he applied to stay permanently.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
You said that he applied to stay permanently. What application did they make and what happened?
Are him and his wife still together in a loving married relationship?
Does his wife earn more than £18600 per annum from salaried employment?
Kind regards
Tom
Customer: replied 2 years ago.

He applied for permanent residency under the grounds that he married a British citizen. He got it and no they are no longer together. Their marriage ended in 2008 after she got help with her post natal depression.

Expert:  Thomas replied 2 years ago.
Hi,
Are you saying that he received "indefinite leave to remain" (which is the right to remain permanently in the UK without any more visas?
Or, in the alternative, are you saying that he got a "spouse visa" (which is the a form of visa which gives a person leave to remain in the UK for a limited time)?
Tom
Customer: replied 2 years ago.

Indefinite leave to remain

Expert:  Thomas replied 2 years ago.
Hi,
Right.
If he had a 2 year working visa and simply worked during the visa period, then married, then got a spouse visa, then got indefinite leave to remain, why do you think the home office might revoke his ILR?
Tom
Customer: replied 2 years ago.

Somebody told me that a holiday working visa you can only work 1 year out of the 2. And he worked for both of them. Also that he had to be married for 2 years before he could apply for indefinite leave to remain, which it was only one year.

I'm just trying to look after my friend.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
I see, if he had a holiday working visa then he should only have worked for 12 months of the 2 year period.
However, if this happened about 15 years ago and he has since obtained ILR then the chances of the home office finding out about and then actually doing anything about it are very, very low.
The would have investigated his claim for ILR at the time and if they had any doubts then they would not have granted it.
The home office have very stretched resources and seeking to enforce breaches which occured over 15 years ago and since which they have granted ILR is not really something they can devote massive resources to.
Additionally, if he is still married to a UK citizen and/or has a child in the UK then it makes it even more unlikely because he they could probably not deport him for this reason.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
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