How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

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: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 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 2 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 2 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 2 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 2 years ago.
Hi,
No, definitely not.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.co.uk/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    875
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    121
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.co.uk/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm