Ask a Scots Law Question, Get an Answer ASAP!
ONLY qualified/certificate lawyers/legals please.
This is a question regarding someone immigrating from Pakistan and whom I would like to stop in whatever way is possible. This is indeed an immediate family related issue and I will try to explain the situation without much emotional baggage. My sister who is a quiet and unconfident 18 year old lives at home with mother. I live in England whilst they live in Scotland. Due to several family issues after the deep loss of my father 4 years ago, I have only kept in touch with my sister as we are very close. I have only found out very recently that my sister and mother went abroad to Pakistan without telling anyone (granted they are adults but you still let family members know where you are for safety etc...). During this time, my sister was slapped/abused physically and this has completely torn me to pieces. This was abused by a person who is now known to believe to be someone who has married my mother... without me (the son) or anyone else knowing! Now, this person is someone whom I know but not enough. A few years ago, he was always asking my family (especially my father) about wanting to come to the UK and for that we need a visa. We of course can't do that, then he asked me (as I have a UK business) and I said I can't do it. So he has always wanted to come to the UK and this seems to be an opportunity for him to take advantage of the situation (my father is no longer with us and family is still grieving - my sister has been the hardest hit), and basically ruin/destroy the family given how all this has happened. My mother doesn't care I have been told - no love/care/respect is given to my sister and this is such a big worry. My sister lacks confidence already given other things that have happened before and hearing that he laid his hands on her really makes me blow my trumpet. I DO NOT want him anywhere near her or even living in the same house. My sister cannot live on her own (she is studying and works part time) as she is not confident nor has the money and I wouldn't dream of allowing her to live on her own. I unfortunately cannot have her live with me as the place I live in is not hospitable for a number of reasons and I am also in the process of setting up my business in the US and migrating over there due to this. To cut the long story short (sorry for the lengthy question), I want to know how it is possible to stop the scumbag from immigrating to the UK? I do believe his visa has been approved and will be coming over in 2 months time. It is a difficult situation since we come from a background of strict upbringing but with lots of respect and dignity. We don't over-react and pick up the phone every time to the police or anything, we keep things within the family no matter how difficult things are but since I am now taking the role from my father... its difficult and stressful to find the right thing to do given all of this. So I would appreciate your understanding in my dilemma and situation. I do feel this is also a sham marriage in a sense as I have said that he has wanted a UK visa. He is already married and has children abroad. He has no prospects of even getting a job in the UK and does not speak very well English either. Please, I would appreciate everything you can give. I cannot find anything that remotely could help online. I also was told that I should be entitled to something regarding my fathers assets however I have not been given anything or aware of much. I do know that my father had life insurance (no will) and that apparently my mother had around £50K issued to her, which she is spending like there is no tomorrow and not providing support to my sister. What does one do in this situation? I am so torn apart.
Thank you. I appreciate the response. I would find it a miracle if the solicitors can contact the border agency as it appears impossible to get a hold of any contact details as they either do not exist or are very old/outdated and no new leads to contact them.
my father had either 100K or 150K insurance. I would have thought if anything at least my sister would be entitled to something? I know mother got the house and furnishings but not sure what else and not even sure what was part of the confirmation.
regards ***** ***** abuser: it is a serious worry. Seems the country will let anyone in and no protection for UK residents?
In regards ***** ***** way mother is spending money recklessly, is there a way (given being the only son of the family) to place some court order to freeze assets or get rights over property or the like?
Thank you. Indeed I did not receive my share and I am sure nor did my sister however there really is no physical property AFAIK. The house is council rented, furnishings were bought by my father. The car that was then was from the Motability scheme or something of that nature.
I received the confirmation.
the total assets (money) is around 120K. there were 2 separate life insurances made under the same company which makes up 99% of this value.
On the confirmation papers, it says that as the widow of the deceased that she has sole ownership (or something to that affect) of the estate as per section 8 and 9 of the succession act 1964 of Scotland
does this mean I get no rights?
Thank you again. I understood this from what you stated earlier but my concern is this written statement in the confirmation document (declaration):
"The widow of the said deceased who died intestate and as such am entitled to the deceased whole estate by virtue of section 8 and 9 (2) of the succession (Scotland) act 1964 and to be confirmed executor dative qua elict as per petition xxyyzz granted on <date> at <sheriff court>"