Immigration question - relationship breakdown

Immigration question - relationship breakdown

Author
Discussion

vaud

50,867 posts

157 months

Saturday 27th April
quotequote all
Bill said:
Yep, that's where the additional money comes in.
Suspect it would take a lot of money to persuade that a future in the UK with potential citizenship vs no citizenship and back to Brazil.

Octoposse

2,170 posts

187 months

Saturday 27th April
quotequote all
One possible motivation is that he needs to eke the situation out from the nine month mark to twelve, so as to be able to apply to get the temporary spousal visa exchanged to “right of permanent abode”?

(Assuming the law’s the same as when my partner came to the UK after our wedding overseas 25 years ago!).

(But . . . if so . . . false declarations will have to be made, which is another can of worms).

And it’s not a quick turnaround (or it certainly wasn’t back when we did it - in fact I ended up going to see my MP who kicked ass at the Home Office whilst I was in his office and got it sorted then and there). So, your friend is looking at three, six, nine months of this stress? Plus the possibility of being browbeaten into making a false declaration on immigration paperwork.

It only gets worse, so he needs to be gone now - urgent, but reasonable, action required.

Bill

53,109 posts

257 months

Saturday 27th April
quotequote all
vaud said:
Suspect it would take a lot of money to persuade that a future in the UK with potential citizenship vs no citizenship and back to Brazil.
No doubt, but still probably cheaper than the legal bills. They are married, he has rights, thrashing that out in court won't be cheap.

And locking him out is likely counter productive.

E63eeeeee...

4,007 posts

51 months

Saturday 27th April
quotequote all
Octoposse said:
One possible motivation is that he needs to eke the situation out from the nine month mark to twelve, so as to be able to apply to get the temporary spousal visa exchanged to “right of permanent abode”?

(Assuming the law’s the same as when my partner came to the UK after our wedding overseas 25 years ago!).

(But . . . if so . . . false declarations will have to be made, which is another can of worms).

And it’s not a quick turnaround (or it certainly wasn’t back when we did it - in fact I ended up going to see my MP who kicked ass at the Home Office whilst I was in his office and got it sorted then and there). So, your friend is looking at three, six, nine months of this stress? Plus the possibility of being browbeaten into making a false declaration on immigration paperwork.

It only gets worse, so he needs to be gone now - urgent, but reasonable, action required.
No, it's changed quite a bit. Family visas are issued for 30 months, then renewed for another 30 months before you can apply for indefinite leave.

The OP's friend should not even consider offering to sponsor him for any extension. Once other government agencies are involved there will be straightforward evidence of her colluding in what's become essentially a sham marriage. Even if it's before those agencies get involved, it's something the spouse could use against her as he sounds manipulative and if he's prepared to risk getting sent home (which is the most likely outcome for him anyway).

TVRnutcase

153 posts

232 months

Saturday 27th April
quotequote all
They have been together 9 months in the UK.

How long were they together in Brazil?

pork911

7,289 posts

185 months

Saturday 27th April
quotequote all
Meanwhile on Brazilian possibly - sex tourist takes advantage of poor person, uproots them and flies them across the world to a strange land on the promise of a wonderful life, having used them for their own base needs gets bored and now wants to rely on immigration laws to bin them off.


ben5575

Original Poster:

6,353 posts

223 months

Saturday 27th April
quotequote all
Ha well that’s certainly one way of interpreting events biggrin. Everyone’s been really helpful so far.

FMOB

1,100 posts

14 months

Saturday 27th April
quotequote all
pork911 said:
Meanwhile on Brazilian possibly - sex tourist takes advantage of poor person, uproots them and flies them across the world to a strange land on the promise of a wonderful life, having used them for their own base needs gets bored and now wants to rely on immigration laws to bin them off.
An alternative scenario is she fell in love, got manipulated into a civil partnership in Brazil and bringing other party into the UK, has now realised what happened and is trying to extract herself.

Suspect it will cost her half a house and possibly some sort of long term maintenance.

Edited by FMOB on Saturday 27th April 18:36

Rufus Stone

6,528 posts

58 months

Saturday 27th April
quotequote all
Spousal maintenance.

Unlikely for a short marriage, but may depend on what he gave up to move here to live with her.

Mark V GTD

2,274 posts

126 months

Saturday 27th April
quotequote all
Has she explained why she entered in to the civil partnership in the first place?

pork911

7,289 posts

185 months

Saturday 27th April
quotequote all
Strange editing in this thread.

theboss

6,953 posts

221 months

Saturday 27th April
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It does seem bizarre that she’s completely overlooked the fact that her Brazilian civil partnership is just as binding in the UK and confers rights equivalent to marriage including a division of matrimonial assets.

What on earth was she thinking

I would suggest that “getting the boys around” would have dire repercussions for her.

Hugo Stiglitz

37,339 posts

213 months

Sunday 28th April
quotequote all
ben5575 said:
He has been living in their?house here in the uk for around 9 months.
Plus by civil partnership you mean married in a registry office like we have in the UK?

Which IS married?

You're choice of wording is angled somewhat?

What about him, his rights? He's uprooted himself for the love of a woman and now she wants him out on the street.

Jeremy-75qq8

1,046 posts

94 months

Sunday 28th April
quotequote all
So flip this about.

Man and woman in civil partnership and cohabiting. Both are English. Man wants woman out. Leave. No.

What would the reactions be on here ?

" you can't just do that ".

This is no different. She agreed to a civil partnership ( same as marriage ) and can't just terminate it at will.

Mark V GTD

2,274 posts

126 months

Sunday 28th April
quotequote all
Indeed - and some of us have focused on that aspect in our responses. This is not the same as breaking up with a boyfriend and a civil partnership recognised under U.K. law is akin to marriage.