Hi there First post on this site Was looking for a bit of advice - complicated one this I was married to a filipion for 10 years, we seperated two years ago and will be applying for divorce next month. I have now met a new girl (filipino) and we are very happy and have been dating for 9 months, here's the problem, she is on spouse visa yes she is married She is in a very unhappy relationship he treats her bad not physically but verbally Her visa was just renewed but she still has 3 years until she has ILR She is very worried if he finds out he may deport her - can he do that? HELP - What can we do? she feels that she must stay with him for at least that length of time Any advice ???
hi--welcome to the site. life is never easy--is it ? first off--where were you married ? where was your new girl friend married ?
You are aware that there is no divorce in the Philippines? But a Filipino divorced abroad by their spouse can have their Decree recognised and their marriage annulled fairly painlessly. This will be particularly important in your girlfriend's case, she should not remarry until she has obtained her Philippine annulment otherwise she potentially faces a charge of committing adultery and a consequent jail sentence.
We are not planning on remarring for some time We just want to be with each other and worried that he would deport her
i dont see how she can be deported as she now has FLR for a further 30 months. best solution is for her to keep her old man sweet for that time and save up for her ILR. once she gets that shes home free and you 2 can shack up happily ever after. has your girlfriend been on this site before ?
A visa is based on the relationship with your sponsor and you MUST tell the UKBA if you divorce or seperate. www.gov.uk/visas-when-you-separate-or-divorce
He will advise the HO who can remove her visa and she has 2 options leave the country or get a new visa.
No idea but if the sponsor advises the UKBA he has withdrawn all financial support, and the relationship has broken down then they must decide! The visa holder was granted the visa on a number of things but the biggest call is the domestic or professional relationship. I would of thought like wise on a student or work visa if you break that relationship then UKBA come knocking
i think if she keeps her head down and doesnt make trouble theres not a lot ukvi can do. they are not marriage police. all married couples go through bad patches. however--if the husband starts abusing her then i think she could leave him and still live here. otherwise its almost a form of slavery. one step out of line and back she goes. hmmm...food for thought there.
Did you read the link I put up? Scenario,, aggreived party writes to UKBA and completes a public statement and withdraws all support.Where and how will she live? Scenario 2 he beats her then she needs to check her eligibility to stay as a victim of abuse. The question by the op is " could he have her deported" i would say yes if he keeps his nose clean and blames it on her adultery. It is not a question of being marriage police or modern day slavery its a basic as the relationship that the visa was granted on has broken down and changed.
There is a same case in one of the fb grps I know. The husband abuses her by getting all her salary and just leaving her £10 monthly. He is claiming back all the money he spent for her visa and travel to Phil. If she sends money to Phil, he would ask lots of questions, etc. In this case, the members advised her to report the husband for domestic violence and file for divorce. And then file for ILR. Now, that's also applicable to the OP's lover. If she is abused verbally, she can go to Citizen's Advice Org and ask for help. She can also go to her GP, undergo some tests, and they can give her medical certificate that she is having psychological problem coz of the verbal abuse.
I don't disagree and in both cases the relationship the visa was granted on has broken down. The choice is leave the country or fight you corner on eligibility grounds (victim of abuse) The UKBA would need to consider all factors involved in each case and decide. I hope your friend does ok going forwards.
closer to home we had a similar situation. my wife's sister had been here on a student visa--and she met and married an english chap ( pre 2012 --old rules ). since then the marriage broke down..he went off with someone else...but they agreed not to divorce till after settlement was completed and she got citizen ship. there were no kids--no property or money division. i think in the OPs case the best outcome would be if the girl friend and her husband could reach a similar compromise. meantime--she stays put in the house. if the husband wont play ball---and does decide to divorce--and get her deported--he could end up well out of pocket.
Thanks for all your responses She has been to citizens advice who told her that unless he laid a hand on her there's no much she can do Hmm