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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 835
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I was wondering if you could help answer two questions

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Hello, I was wondering if you could help answer two questions for me?
To set the scenario, I am a British Citizen born in England and I met my wife Jo, who is Colombian, in June 2011 when she was in the UK on a student visa. From August 2011 we were a couple though she did have to go back to Colombia for 6 months when her visa ran out in Feb 2012 and we were not able to arrange another student course and visa for her until September 2012 when she came back to the UK. We were then married in June 2013 and applied in Dec last year for Jo's 2 year extension to her current spouses visa.
Unfortunately for various reasons the marriage really has broken down irretrievably. Despite being the aggrieved party, I have put a lot of effort and emotion into helping her build a life here and so I still want to see here do well over here and am worried that if she is forced to go home then she may slide back into depression.
Saying that, I have to protect myself and following a discussion with a divorce lawyer he has confirmed the significant risk to me in the future if I do not proceed with a divorce and financial settlement. So my questions are:
1) I was thinking of just separating from Jo and living our own lives apart and then in another two years she could obtain her permanent right to reside in her own right but now I think I may have to do things officially and file for divorce.
My question then, if I do separate from Jo or divorce her am I legally obliged to inform the Border Agency/Home Office and tell them and if so what, if any, are the potential legal or financial penalties to me if I do not inform them?
2) The second question, if we do divorce and I inform Border Control/Home Office is it pretty much a certainty that Jo will be sent back to Colombia or is there any way in which she can stay in the UK?
I am trying to do what I feel is the right thing without risking any more damage to me than I already have had, by doing so and therefore any help you can provide will be greatly appreciated.
I am really sorry to hear about your family situation. It must be a difficult period for both of you.
With regard to your wife's immigration situation, she must inform the Home Office of any change of circumstance. Divorcing your wife is likely to affect her current visa.
It seems to me you are going to be making difficult decisions and I appreciate that but be careful not to circumvent or seen to circumvent the Immigration Rules. I am sure it is not your intention and you want to do the right thing.
I hope this helps in anyway. I wish you all the best in dealing with your current difficulties.
Customer: replied 2 years ago.
Hi Frantz
Thanks for your sympathies, it is a difficult time to say the least!
Could you please just give a little more info on one point, namely is it just my wife's responsibility to inform the Home Office or is it mine too? I guess I just need to know if my not saying anything could lead to criminal proceedings or fines (have there been any cases of this in the past?) as that could effect my career as an financial adviser.or whether it is something I can leave in Jo's hands.
You are perfectly correct, I don't want to break any rules or laws, I just want to do the right things on all fronts!.
In general it would be the person with a visa or a biometrics residence permit but as you are also a sponsor in your wife's visa and application you may also have a reporting duty.
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