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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In November 2013 I got married to ***** ******* in Pakistan.

Customer Question

In November 2013 I got married to ***** ******* in Pakistan. She came to the UK in October 25th 2014.
On January 21st 2014, she screamed abuse at me which resulted in my shouting at her. To my astonishment she promptly rang the police screaming 'I need help' and when I attempted to placate her she launched into a frenzied physical attack upon me during which she bit me, scratched me, punched me and attacked me with a vase. When the police arrived she began to sob hysterically and I was subsequently arrested on suspicion of actual bodily harm and taken to the police station.
She then told the police that I was very controlling and had tried to strangle her and had punched her in the stomach. The police then released me due to the fact she had no evidence of any injuries
Two weeks later she filed a non molestation order against me. I contested the non-molestation court order. My ex-wife has got legal aid.
In September she sent a divorce through her solicitors. Her petition asserted that I had beaten her and inflicted mental cruelty. I defended the divorce. I told her solicitors that I was not prepared to sign a pack of lies.
The final hearing was on the 1st April 2015
At the hearing I was approached by her barrister who told me that she wanted to resolve matters without going to the hearing. I told the barrister that her client was after a domestic violence visa and as such I was determined to contest the non-molestation order.
Her barrister then informed me that she already had indefinite leave to remain. I was naturally astounded by this as there was still six months left before the marriage visa expired.
I demanded proof. Her barrister then showed me a photograph of her biometric residency card taken on her smart phone. In the photograph that I saw it clearly stated that she had indefinite leave to remain.
As such I signed an undertaking not to contact thus discharging the non molestation order. I had refused to sign such an undertaking before as it was part of the requirements needed for a domestic violence visa.
The very next day I received a letter from Miss A. Clarke from the UK Visa Customer Service Operations telling me that Rizwana Kouser will not be given leave on the basis of marriage. I was very surprised since she from the letter it seemed that the UK Visas were not aware that she already had indefinite leave to remain.
I phoned UK Visas and told them that she already has a card which states that she has indefinite leave to remain. They told me this was a fake.
Her sister in law has confirmed that the card was a fake and it was supplied to her by her solicitors, Asghar and Co.
Subsequently I contact the SRA and told them that I had reason to believe that Asghar and Co supplied her with a fake biometric residence card. The SRA emailed me today and told me that they had would not be taking any action against her solicitors due to lack of evidence.
In november last year I wrote to her solicitors and told them that I wished to expedite matter by sending a divorce on the basis of 2 years separation. I attended a cour hearing on the 3rd December 2016 in which the judge agreed that this was a civilized way to proceed.
My ex-wifes's visa has expired on 24 October 2015. She is now here illegally. Her solicitors are pressing me to send the divorce. They are threatening me with counter action if I do not send the divorce.
My question is:
1) Since my ex-wife has no right to be in this country she has no legal rights. How can she still be represent in a county court?
2) How is she still able to receive legal aid and representation from her solicitors Asghar & Co when she has no legal right to be here?
3) Is the fact she showed false documentation to her barrister not a a criminal offence itself?
4) Would I better off to send a divorce on the basis of unreasonable behaviour? Will it cost the same as a divorce on the basis of legal separation? My thinking is that if she signs my petition it will be proof of her deception to obtain leave to remain in the UK. If she chooses to defend the divorce she will have to prove her side of the story to the county court judge?
Any insight you can give would be much appreciated.
Thanks
Sagheer
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi Thank you for your questionMy name is ***** ***** I shall do my best to help you To answer your questions1. Not having the right to be here does not mean that she has no right to be represented in Court2. She is, as you are aware, relying on the (false) allegations of Domestic Violence3. Sadly no - she can show her Barrister what she wishes4. It will make no difference whatsoever - failing to defend it would not in any way go against herPlease ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ClareNice to speak to you again. My ex-wife is also refusing to give back the jeweller. When I last met her barrister at the County Courts I stated that return of the jewellery would be a requisite condition of the divorce. Her barrrister now denies this. If I apply for a divorce on the basis of unreasonable behaviour can I claim costs and return of jewellery.Thanks
Customer: replied 1 year ago.
Also what is the cost of divorce on the basis of 2 years separation and divorce on the basis of unreasonable behaviour.Thanks
Expert:  Clare replied 1 year ago.
The Costs are the same - and the Jewelry must be dealt with within the financial side of the divorce
Customer: replied 1 year ago.
Hi Clare.One matter I am unclear on, The police report was in my favour it clearly stated that there was no evidence of any injuries on her, How is it then that she has got legal aid on the basis of domestic violence? I suspect that her solicitors are duplicitous. Is there a regulatory board that determines upon which basis legal aid is given? Would it be worthwhile contacting them and telling that Rizwana Kouser is not eligible for legal aid becuase:1) There police reports confirm there was no domestic violence
2) She has no legal right to be in the countryThanksSagheer
Expert:  Clare replied 1 year ago.
Do you have a copy of the Notice of issue of Legal AidThis gives you the Certificate Number.You are entitled to write to the Legal Aid Agencyhttps://www.gov.uk/government/organisations/legal-aid-agencyObjecting to the Certificate
Customer: replied 1 year ago.
Hi ClareCould I ask you one more thing? As I wrote before I signed a document which discharged the non molestation order which she filed against me. I think it was an agreement not to contact or have any contact for a period of six months. I signed this document because I had been falsely led to believe that she had already been given indefinite leave to remain. Did my signing this document affirm the allegations she made against me in her non-molestation order?ThanksSagheer
Expert:  Clare replied 1 year ago.
They did not affirm them - but they did mean that she had sufficient to entitle her to legal aid

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