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, Lawyer
Category: Immigration Law
Satisfied Customers: 7673
Experience:  UK Lawyer holding practising certficate for England & Wales.
Type Your Immigration Law Question Here...
Thomas is online now

my husband has indiffenate leave to remain,but 15 months ago

Customer Question

my husband has indiffenate leave to remain,but 15 months ago he walked out on me and our kids,how do i remove myself from his visa ? want to know if there is anything i can do about it,and would it be worth getting more legal advice ?

Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.

When did he obtain ILR please?

Customer: replied 4 years ago.

we got it in 2011 september

Expert:  Thomas replied 4 years ago.

Thanks for your patience.

I’m afraid that the likelihood of the UKBA in taking action to now revoke his ILR I he received it in 2011 is very low.

This is because the UKBA generally take revocation action where there is clear evidence that it was obtained by deceptive means. It’s very serious so the evidence that they use to rely on mst be very substantial and very strong.

The difficult here is that although he may have been having an affair it does not necessarily mean that he was not committed to the marriage at the time that he made his application for ILR, which is the main criteria for it.

Presumably he would defend any revocation action as well, so it would be your word against his and the UKBA would form the view that it is not an efficient or sensible use of the public’s money in relying on this in the absences of any other evidence given that the better part of two years has passed since.

The other thing that you need to be concerned with is that you supported his application, so you would also need to avoid the implication that you were supporting a spouse visa application when you knew that the marriage had broken down because this would also be a breach of the immigration rules, which is a crime.

I am sorry, but you are better off divorcing him. I would recommend focusing your energies and focus on that.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Expert:  Thomas replied 4 years ago.

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 your position. Please remember to rate my answer, if you are satisfied.

Kind regards,

Expert:  Thomas replied 4 years ago.

You will see that I have provided you with my answer.

You have not rated my answer.

I do not receive any credit for the time I have taken to answer your question if you do not RATE my answer, so please rate my answer.