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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My friend is Moldovan National. She holds a Moldovan

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My friend is Moldovan National. She holds a Moldovan passport but also holds a Romanian passport.
She came to England about a year ago and married a Georgian man in England about 9 months ago. She had known him for about a year and a half before.
The husband had a Visa and overstayed. He is currently waiting a decision on whether he will be deported or not.
The wife had her Romanian passport taken away from her as the home office do not believe that the marriage is real and think that is a fraudulent marriage.
On her part the marriage was 100% because of love at the time. She thought this when they got married but now she is not sure whether it was for love on his part.
The husband has become very possessive and commanding of the woman in question.
It is her understanding that if the home office/UKBA judge the marrriage to be fraudulent she will be deported back to Romania and be band from returning to England for a period of time.
Can they do this?
As I understand they can deporrt in extreme circumstances for example murder but didnt think they could deport an EU national for suspecting its a false marriage.
She is due to hear back from the Home office in mid August.
In the time since the home office has taken her passport and made the accusastions however, her marriage has broken down for the reasons stated earlier.
She is scared to leave the husband as she thinks it will effect her case to stay in England in a negative way and the Home office will immediately assume that it is a false marriage.
She is also scared to leave him as she pays for the home they live in and does not want to leave it to him.
She is also scared because she thinks that he will come after her and if not himself then his friends will come for her and maybe even hurt her.
She is stuck between a rock and a hard place.
She wants to know what she can do?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Is she working?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
are you still there?
Expert:  Clare replied 10 months ago.

My apologies for the delay

Then your friend is exercising her treaty rights and it is unlikely that she will be deported.

If her husband is abusive then she must seek assistance

She cannot get a divorce until they have been married for a year

but she should seek help from the charity Woman's Aid

https://www.womensaid.org.uk/information-support/

Please ask if you need further details

Customer: replied 10 months ago.
If she was to leave him now though, would that effect her being deported?
Customer: replied 10 months ago.
Under what circumstances would they deport her holding a Romanian passport?
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Where is your mother currently living and how did she come to be there?

Customer: replied 10 months ago.
It's not my mother. It's a friend.
Expert:  Clare replied 10 months ago.

Sorry there was a site glitch - that was not for you

There is very little chance of her being deported - and leaving him as a result of his violence strengthens her case not weakens it

You can read more about deportation here

http://www.biduk.org/sites/default/files/BID%20Factsheet%206%20Deportation%20Appeals%20Deportation%20of%20EU%20nationals_pdf%20version_0.pdf

Customer: replied 10 months ago.
Why would they of taken her passport and made threats about deportation to her though?
Expert:  Clare replied 10 months ago.

To frighten her into an admission most likely

Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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