Immigration question - relationship breakdown

Immigration question - relationship breakdown

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Discussion

ben5575

Original Poster:

6,293 posts

222 months

Friday 26th April
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Jordie Barretts sock said:
It seems like your friend just wants to find a way for him to be gone with no confrontation.

I don't see that as a possibility.

She needs to make a plan, and see it through. CAB seems like a good place to start. Perhaps a conversation with the local police station? At least that will formalise that she has contacted the police about him should it all get nasty.
Yes. This is my thinking exactly. But she needs a plan before she goes off half cocked.

loskie

5,257 posts

121 months

Friday 26th April
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So she went for a Brazillian and came back with this bloke!!!



Someone needs to tell her!

Rough101

1,747 posts

76 months

Friday 26th April
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Does the guy go out on a regular basis and then she can just lock him out, with some male backup just in case?

Ideally get her hands on the immigration letter and can pass to him when he tries the new locks?

Any shenanigans, call the cops, make backup will hopefully cool his jets?

FMOB

918 posts

13 months

Friday 26th April
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If the civil partnership is recognised in the UK, can she just throw him out or does he actually have some rights in this matter and a legal separation is needed.

It sounds the immigration side of this is being used as a way to over-ride the legal standing of the civil partnership.

A complicated situation that requires proper advice.

pork911

7,192 posts

184 months

Friday 26th April
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What's his take on it all?

Mark V GTD

2,245 posts

125 months

Friday 26th April
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FMOB said:
If the civil partnership is recognised in the UK, can she just throw him out or does he actually have some rights in this matter and a legal separation is needed.

It sounds the immigration side of this is being used as a way to over-ride the legal standing of the civil partnership.

A complicated situation that requires proper advice.
That’s what I was thinking. Clearly he has some rights as they entered, rightly or wrongly, in to a lawful partnership together.

dudleybloke

19,864 posts

187 months

Friday 26th April
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ben5575 said:
He has stated in the (recent) past that he will accuse her of being abusive which may entitle him to stay in the uk for longer.
She should strike first with any allegations.
Feck him.

OutInTheShed

7,692 posts

27 months

Friday 26th April
quotequote all
dudleybloke said:
....
Feck him.
Is that the difference between a marriage and a civil partnership these days?
I heard some half-baked stuff about the UK only recognising 'civil partnerships' from abroad between persons of the same sex (or is that 'gender' this week?). It is a minefield.

ben5575

Original Poster:

6,293 posts

222 months

Friday 26th April
quotequote all
dudleybloke said:
She should strike first with any allegations.
Feck him.
Yes, this was my feeling too

Re civil partnership vs immigration. I have another friend who has married an American (in the US). She’s having to go through all sorts of hoops to move over there with him. I get the impression that one mistake in that process and she’ll never get there permanently regardless of whether they’re married. If they separated during the process there’s no way she’d get to go over there even though she got married in the US.

The impression I get (rightly or wrongly) that it would be similar here but as above, expert advice is needed.

richhead

900 posts

12 months

Saturday 27th April
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two sides to every story, maybe she fell for him, asked him to come to england, he then burns bridges getting here, she gets pissed off with him and now wants him gone.
not saying this is true, but it may be.
other than that change locks and have a few friends stay over for a few days , and let him find his own way.

Rufus Stone

6,297 posts

57 months

Saturday 27th April
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ben5575 said:
It’s a Brazilian civil partnership as opposed to a uk one.

I have advised her to speak with various women’s charities as his refusal to leave the house is at the very least cohesive and controlling. She will also have a record of his behaviour.
And her trying to make him homeless isn't?

He has rights, it's the 'marital' home.

muscatdxb

23 posts

5 months

Saturday 27th April
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Rufus Stone said:
And her trying to make him homeless isn't?

He has rights, it's the 'marital' home.
I wonder how this would read from the other side.

Married a woman. Moved to her country under her visa sponsorship and financial sponsorship so quite a vulnerable situation.

She now wants to boot him out with no notice and no way of supporting himself.

Imagine if the genders were reversed and it was a man changing the locks on his foreign born wife.

I don’t think you should be able to do that to your husband or wife legally or morally.

I would certainly have a few things to say about it if I were on the receiving end!

Bill

52,836 posts

256 months

Saturday 27th April
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muscatdxb said:
Rufus Stone said:
And her trying to make him homeless isn't?

He has rights, it's the 'marital' home.
I wonder how this would read from the other side.

Married a woman. Moved to her country under her visa sponsorship and financial sponsorship so quite a vulnerable situation.

She now wants to boot him out with no notice and no way of supporting himself.

Imagine if the genders were reversed and it was a man changing the locks on his foreign born wife.

I don’t think you should be able to do that to your husband or wife legally or morally.

I would certainly have a few things to say about it if I were on the receiving end!
This.

They both need legal advice...

I suspect the most straightforward way to resolve this is to offer to pay his flight and give him some money.

ben5575

Original Poster:

6,293 posts

222 months

Saturday 27th April
quotequote all
Thanks for advice guys.

As you can see she hasn’t been gung-ho about this, nor have I been baying for his blood. As others have picked up, turning this into a massive confrontation is the last thing anybody what’s.

She has so far told him that it’s over and she wants him out the house. Rather than leave that open ended (so he never does it), she put a two month timescale on it.

He’s turned around and said no, I’m not leaving.

She now has a choice. Either he stays in her house indefinitely or she has to start the process of getting him out of there. If she does the latter, then she needs to do so as safely as possible whilst at the same time not doing something that later inadvertently trips up the process.

Changing the locks and sending the boys round is an option, but it’s not the right one as he would be homeless. She would prefer (and is still willing) to help him move on. However at the moment he’s refusing to do so.

Her starting point and the purpose of this thread (other than to seek other opinions/validate or not current thinking) is to try and understand the process so that she can put it in motion so a fixed timeline is started, but in the meantime try and sort it amicably if at all possible. Not least because it reduces the risks for her.

I’ll update the thread with the outcome in case anybody is interested, but it may be a while for obvious reasons.

Thanks once again for all your thoughts and yes next time I’ll suggest she gets a Hollywood rather than a Brazilian.

Jordie Barretts sock

4,213 posts

20 months

Saturday 27th April
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First thing she needs to do is understand her legal position. And his.

Rough101

1,747 posts

76 months

Saturday 27th April
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I had a look and if there is a list on the F&C website.

For opposite sex partnerships, the UK recognises both marriage and ‘ União estável’ so this is maybe much more complicated. The UK doesn’t recognise these for same sex relationships from Brazil.

IANAL but this really does sound like a divorce style arrangement first, then immigration.

The guy has had notice though, so I still stand by locking him out, although I understand why you don’t want to do that, as you probably still need to jump through all the hoops, just with him out, rather than in the home.

Edited by Rough101 on Saturday 27th April 08:32

vaud

50,620 posts

156 months

Saturday 27th April
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Bill said:
I suspect the most straightforward way to resolve this is to offer to pay his flight and give him some money.
I suspect a flight home is the last thing he wants.

pavarotti1980

4,926 posts

85 months

Saturday 27th April
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pork911 said:
What's his take on it all?
não, eu não vou embora e você não pode me obrigar

Bill

52,836 posts

256 months

Saturday 27th April
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vaud said:
I suspect a flight home is the last thing he wants.
Yep, that's where the additional money comes in.

Forester1965

1,565 posts

4 months

Saturday 27th April
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Might be some useful pointers here:

https://www.gingerbread.org.uk/find-information/ho...