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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7474
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter here in UK married a man from Pakistan . It is

Customer Question

My daughter here in UK married a man from Pakistan . It is now after 3 years he wants a divorce ! What are his rights to stay on in this country . he does not seem keen to start divorce proceedings. And I'm wondering if this is because he has to stay married for a certain time to be able to apply for a British passport . Any help would be appreciated as it now seems he married her just for a visa 😟😟😟
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi.
Thanks for your question.
Do you know if he has obtained indefinite leave to remain? If not do you know when he first came to the united kingdom on his spouse visa?
Kind regards
Tom
Customer: replied 1 year ago.
Yes but on 2 year marriage rule as he applied before 2012 but he has told my daughter he has it extended it for 5yrs . He says he has indefinite right to remain but my daughter has not seen proof of this .
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If he has already obtained Indefinite leave to remain some time ago, then if they divorce he would be able to remain in the UK. The only circumstance where the home office may take action is where they have evidence that he considered the marriage a “sham” marriage or a marriage of convenience.
If he has not already obtained ILR and still has a spouse visa, then if he divorced your daughter he would have to switch to another category of visa because he could not then apply for indefinite leave to remain.
If he was here before the rule change in July 2012 then chance are he has obtained ILR, although he would have required your daughter’s signature on the forms to get ILR .
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 1 year ago.
My son in law received spouse visa before July 2012 valid for 2 years . Last year he applied for ILR which he said he got but never showed my daughter and then he said it was extended for 5 years ..... Very confused
Expert:  Thomas replied 1 year ago.
Hi,
If he got ILR then there was no need to extend it.
If he got further leave to remain then he shoudl probably have received a further 27 months of further leave to remain.
You won't know unless you are able to see his passport.
Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Customer: replied 1 year ago.
I'm still none the wiser as to his rights to stay in this country 😟
Expert:  Thomas replied 1 year ago.
Hi,
If he has already obtained Indefinite leave to remain some time ago, then if they divorce he would be able to remain in the UK. The only circumstance where the home office may take action is where they have evidence that he considered the marriage a “sham” marriage or a marriage of convenience. If the home office did take action then they would revoke his visa and he would not be able to stay in the UK.
If he has not already obtained ILR and still has a spouse visa, then if he divorced your daughter he would have to switch to another category of visa because he could not then apply for indefinite leave to remain. if he could not switch to another visa (eg work visa sponsored by an employer - quite difficult) then he would have to leave the UK.
Kind regards,
Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Customer: replied 1 year ago.
Hi I've just found out that he has got ILR so can he now apply for a British passport ? We are convinced that he married my daughter for a visa so what can we do ?
Expert:  Thomas replied 1 year ago.
Hi,
You have not rated my answer despite me answering your original question. Please do so.
The home office have the power to revoke ILR if they consider that it has been obtained by deception. In your case this would mean that he would have to have only married your daughter for the purpose of obtaining ILR and that he never considered the marriage to be genuine and credible.
I would call “UK Visas and Immigration contact centre “ on the following link and tell them what has happened and that your daughter wishes to write to them to update them formally:
https://www.gov.uk/contact-ukvi/visas-and-settlement
Kind regards,
Tom

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