Am in need of guidance

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Old Oct 23rd 2014, 3:57 pm
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Default Am in need of guidance

I need guidance okay basically my spouse who i am attempting to leave, is pushing for an ILR extension and tbh she is looking at other options to get herself made permanent if i do not sign, a few of the things her family have said to my other family members etc is 1) get a lawyer, and another thing is she on guidance of family might go down the route of rape or domestic violence where apparently her back was hurt, as she has x-rays dated 2013 february showing a slight movement in her lower spine, but see the things on my mind are if i was abusive why not report me, and also why stick around if i was so angry etc, especially when she has other family she could have gone too, i am going around and round in circles!! please any help will be kindly appreciated
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Old Oct 23rd 2014, 4:20 pm
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Default Re: Am in need of guidance

Sorry to hear about your predicament. I don't have much advice other than get to a lawyer quickly and try your best to monitor her calls/emails etc. Perhaps you could go to the police and let them know what you know in advance. That way you would be covered. I remember you said you would try to record everything you can.

Also, you could cancel any of the joint accounts/bills etc that you hold with her, e.g. the gas/water bills etc so that she will find it hard to prove her residence in the UK. Talk to your landlord and see if you can change the lease (if it was in joint names).

Not sure if you are able to do anything about the sore back, but I'm sure that your GP will have records about the visits she made to him/her. These should note what she said about how it happened.

I really hope this gets better for you soon!

Of course, you could take the easy route and help her with becoming permanent and avoid the hassle of going through investigations etc. If you come to some kind of agreement it might work in your favor. Of course, it is not advisable to do this and I'm sure you wouldn't really want to, but it might make sense for other reasons.
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Old Oct 23rd 2014, 4:40 pm
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Default Re: Am in need of guidance

We tried an agreement her and her family were not happy about it, that we would sign as long as she leaves and we annul
but i think somethings going on, as they haven't booked another date to get signed, they've gone quiet on all fronts, and i believe they are getting a case of some sort together

but am i right in saying whatever i say in my defence won't matter as they will side with her? the courts and police i mean
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Old Oct 23rd 2014, 4:42 pm
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Default Re: Am in need of guidance

and another thing if someone really has a back problem and using that to mess someone around etc, would they be able to walk fine, work long shifts at their jobs etc, and only bring it up now as the deadline to apply comes closer
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Old Oct 23rd 2014, 5:05 pm
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Default Re: Am in need of guidance

Originally Posted by tetley
We tried an agreement her and her family were not happy about it, that we would sign as long as she leaves and we annul
but i think somethings going on, as they haven't booked another date to get signed, they've gone quiet on all fronts, and i believe they are getting a case of some sort together

but am i right in saying whatever i say in my defence won't matter as they will side with her? the courts and police i mean
If you suspect something to be going on, you should contact the authorities/a lawyer ASAP BEFORE they put it forward. If you have any proof that you have mentioned to them about coming to an agreement, you should get that on record somehow, e.g. talking to a lawyer, copies of emails etc.
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Old Oct 23rd 2014, 7:10 pm
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Default Re: Am in need of guidance

got a text message we sent highlighting the agreement
which they said no to
and hence why i believe they are pursuing another alternative way to get it done, see its easy to get it written down via notes, but getting an actual recording is what i am working on, because on the face of things i think they are playing a game on the hear say of she, and the back is going to be the main issue or even rape
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Old Oct 25th 2014, 3:12 am
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Default Re: Am in need of guidance

so plot thickens, i just got home from work now, and i see she is gone, no clothes or anything!!! so a month or so of the arrangement shes moved out, now because i made that arrangement will i have to sign her on, what can i do in order to sign but she doesn't accuse me of anything?
and how could i possibly say she moved on her own free will as noone was home either when she left
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Old Oct 25th 2014, 8:25 am
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Default Re: Am in need of guidance

Originally Posted by tetley
so plot thickens, i just got home from work now, and i see she is gone, no clothes or anything!!! so a month or so of the arrangement shes moved out, now because i made that arrangement will i have to sign her on, what can i do in order to sign but she doesn't accuse me of anything?
and how could i possibly say she moved on her own free will as noone was home either when she left
Tetley. You need a lawyer. A good one. Courts aren't always on the side of women especially if it is clear want your partner really wants.

Of course she moved of here own free will. You can't be expected to be with someone 24/7. Look at it another way, how can she prove that you stopped her leaving? You didn't lock her in etc!

Take care of yourself. If it's getting on top of you, apart from sharing with us, talk to your doctor.
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Old Oct 25th 2014, 3:45 pm
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Default Re: Am in need of guidance

Originally Posted by tetley
so plot thickens, i just got home from work now, and i see she is gone, no clothes or anything!!! so a month or so of the arrangement shes moved out, now because i made that arrangement will i have to sign her on, what can i do in order to sign but she doesn't accuse me of anything?
and how could i possibly say she moved on her own free will as noone was home either when she left
You can't 'sign her on'/complete the sponsor's declaration for your spouse to be granted further leave to remain - the declaration you'd be signing states that you're living together in a permanent/ married relationship and you both expect this relationship to continue. If you sign such a document, especially now that your wife has left you, you'll be committing an offence. Don't sign it.

If you think your wife may forge your signature, inform the home office in writing and request a reply/confirmation that they have received your correspondence.

Yes, there is provision for a spouse to make application for further leave to remain based on her/him having been subjected to domestic violence. Whether or not your wife chooses to make such an application, this is out of your control.

I agree with the advice others have given regarding your need to see a lawyer. If you believe that your wife will make false accusations about you, the lawyer can note this and advise you accordingly. I don't know exactly what investigations the Home Office undertakes in matters like these, but they just don't take the wife's or the husband's word that the violence did/did not occur.

These are the issues your lawyer will be able to assist you with.
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Old Oct 25th 2014, 10:38 pm
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Default Re: Am in need of guidance

it is getting a hold of me, and my stress levels are spiking
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Old Jan 1st 2015, 8:17 pm
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Default Re: Am in need of guidance

Okay so i have found out since leaving home, she has been made permanent, how i have no idea, is it possible to change from a spouse visa to something else? in need of help please, and if they home office were aware why was she still made permanent
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Old Jan 1st 2015, 11:50 pm
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Default Re: Am in need of guidance

Originally Posted by tetley
Okay so i have found out since leaving home, she has been made permanent, how i have no idea, is it possible to change from a spouse visa to something else? in need of help please, and if they home office were aware why was she still made permanent
What do you need help with?
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Old Jan 2nd 2015, 1:36 am
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Default Re: Am in need of guidance

hi mate, help needed as to how she was made permanent or what possible avenues she had, since leaving the home and also where does her becoming a uk citizen leave me the annulment of marriage, and also why was she made permanent after telling home office it was a sham marriage?
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Old Jan 2nd 2015, 2:35 am
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Default Re: Am in need of guidance

How do you know for sure that she has changed to permanent status. Being a women, I know how sneaky we can be - is this gossip being spread to get to you?

In any event you should make sure there have not been any untruths (that involve your name) that have been fed to the Home office. You need to keep your name clean.
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Old Jan 2nd 2015, 8:45 am
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Default Re: Am in need of guidance

Originally Posted by tetley
hi mate, help needed as to how she was made permanent or what possible avenues she had, since leaving the home and also where does her becoming a uk citizen leave me the annulment of marriage, and also why was she made permanent after telling home office it was a sham marriage?
My two cents worth - stop worrying about how she attained her current immigration status, whatever it is. If there'd been any allegations made against you, I'm sure the Home Office would have contacted you.

As for the marriage, I would imagine it would be easier for you to divorce her if she's in the UK than if she'd returned to her home country, so that's a bit of a bonus for you.

My advice to you is to stop worrying about the hows and whys of her immigration status, you've split up so unless she seeks to bring you into the process (in which case you'd hear from the Home Office), then what she does from here on in is really only her business. File your divorce papers, with the help of a solicitor if necessary, and move on with your life.
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