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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi I am a British citizen is was married to a Pakistani citizen

Resolved Question:

Hi I am a British citizen is was married to a Pakistani citizen who entered the uk on a d-spouse visa. The marriage broke down within a month the home office were informed however the Pakistani citizen is still in the uk and is coming and going.he had a 24 month visa which was completed in 2013. I would like to know, could he still be doing this on my visa application how can I find out and what can I do to stop him if he is. At present we are still legally married, however there is absolutely no contact
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If there visa has expired then they would no longer have leave to remain unless they made a new application.
Obviously, you would not have supported a new spouse visa extension application so they will not have been able to apply on this basis. They only way that they could is if they had fraudulently forged your signature and documentation (eg passport), which seems unlikely. However, if you are concerned that this might have been the case then you must write to the home office and tell that you did not support a spouse visa extension (if one was applied) and that any application clamiing your support was fraudulent.
Assuming that they do not have access to £200, 000.00 for purpose of investing in the UK economny, then only possibility of other visa categories which they might –in theory – have been able to switch to would be a Tier 2 General visa if they are able to get an sponsorship by a licensed tier 2 employer. This is very difficult though and the eligibility criteria is quite demanding as you will see from the following page:-
https://www.gov.uk/tier-2-general/eligibility
If their visa expired then they would have ceased to have leave to remain, which means that the Home Office will detain them if they catch up with them (assuming there are no children of the relationship). If they do not then leave the UK then they will issue removal directions to deport them from the UK.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 3 years ago.
Hi is there any way of finding out if fraudulent documents have been used can I instruct a solicitor to do this for me? The previous time I contacted the home office it took months to receive a reply from them. I am concerned he may be using fraudulent paperwork as he is coming and going as he pleases but mainly travels via italy to the uk. He does not fly directly to the uk
Expert:  Thomas replied 3 years ago.
Hi,
Well, if you know you have not supported a spouse visa extension application but after you write to them the Home Office confirm that a spouse visa extension was made, then there will certainly be fraud because your signature would have been forged.
If he is leaving and re-entering the property then he has a new visa, but you cannot be sure whether it is a fraudulent spouse visa application or a visa granted under a completely new category.
You won't know until you write to the home office and advise them that you did not support his application.
Kind regards,
Tom
Customer: replied 3 years ago.
I am not divorced from him would that give him rights to remain in the uk ? Even though I have refused to support his application
Expert:  Thomas replied 3 years ago.
Hi,
No, definitely not.
Tom
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