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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Eastern European partner of two years entered into a sham

Resolved Question:

My Eastern European partner of two years entered into a sham marriage with a non-European man in early 2011 and cohabited with him until late 2012 when she moved in with me. I'm from the UK and we have a baby together. This non-European man uses the marriage for Visa purposes. I gather that many of his non-European friends also exploit young Eastern European girls in the same way. They offer a place to live in England to Eastern European girls online - they think it's a good idea at the time but as my partner's case testifies they come to regret it.

My partner wants a divorce. I take it that will mean that her husband will have his visa terminated and he will have to leave the country? If that's the case it's fair to say that he won't be happy - what are the risks that my partner is running by filing for divorce if he won't agree to it? Should she contact the UK Border Agency?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, she should contact the UKBA if her marriage was a sham so that they can investigate this man and his gang who appear to be breaking/exploiting UK and EU immigration laws, she may do so here:
https://www.gov.uk/report-immigration-crime

Divorce is a complicated issue and there are 5 grounds for divorce which are explained here: https://www.gov.uk/divorce/grounds-for-divorce

There are some grounds where she can get the divorce even if her so called "husband" doesn't like it e.g. adultery, desertion, separation for 5 years.

Hope this helps

Customer: replied 3 years ago.

Grounds for divorce are adultery on the part of the petitioner - the actual divorce will be simple enough to push through, even if he doesn't agree.


 


However, what concerns us is the UKBA will investigate and prosecute my partner - even if she does the right thing and exposes the sham marriage?

Expert:  UKSolicitorJA replied 3 years ago.
If she knowingly entered into the marriage and received a cash benefit or benefit in kind, yes, it is possible she may be arrested as well.

If she was tricked or forced into entering the marriage, then that would be a different matter.

Adultery is not a suitable ground here as it is your Partner/the petitioner doing it, not her husband.

Unreasonable behaviour is more common but if he objects, there may be a problem, see here for further information: http://www.linnitts.co.uk/family-law/divorce/grounds-for-divorce#Unreasonable%20Behaviour

All the best
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