We want to give guidance to those that have been victimized by deceptive foreign spouses, a broken immigration system, and an unfair judicial system. We also hope to prevent other British men and women from having to experience these injustices.
Main issues for the victims.
The main frauds - Our cases involve provable fraud, misrepresentation and concealment of material fact - not people marrying bad spouses.
No systems and processes for investigation or police and Home Office collaboration
No prosecutions strategy
Cases not presented jointly to the CPS as per their guidance on immigration deception
Victims not treated as victims - Left hung out to dry
Home Office exempt from the code of practice of victims of crime
Victims unable to annul marriages on the basis of fraud
Victims unable to divorce in Bigamy cases unless they commit perjury
No protocols between Family Courts, Home Office and Police leaving victims with Charges on their properties and fending off divorces in an attempt to get someone to Charge with Bigamy and fraud - NB The extension of the fraud is to obtain material assets.
The Home Office is not applying the British Nationality Act 1981 Section 40 - some one has made a decision not to apply the law.
Home Office say they do not prosecute and that it is for the Police to prosecute however the 43 Police forces say it is a Home Office issue as immigration marriage fraud is not a criminal matter but an immigration one.
The CPS say they cannot prosecute Bigamy cases as they are not classified as a fraud. Then some Police and CPS say that as a foreign national when they marry is not domicile in the UK the issue of Jurisdiction comes into play?
Nationally a reluctance to address any case involving Sharia law and marriage.
False accusations of Domestic Violence leave lives in tatters.
We want the Government to:
treat marriage fraud as a criminal offence in line with sham and forced marriages and to create an organisation similar to the Forced Marriage Unit to look into these crimes as they are going unnoticed by the UKBA and are ignored when notified;
enforce immigration marriage fraud violations uniformly across the board, and not just when it is convenient or when they can garner splashy news headlines;
consider retrospective cases where marriage fraud is proven, as in many cases. The current law doesn’t cover retrospective cases;
investigate claims of fraud by individuals, not ignore the evidence and grant residency to the immigrant spouse because it is too expensive and time consuming to conduct the investigation;
revise the law on divorce so that a spouse's asset before marriage is not counted in a settlement. Many foreign spouses enter into marriage knowing the law of the UK will make them rich on divorce and this is usually part of their master plan. This is the law in Scotland and needs to be implemented throughout the UK;
consider evidence presented by a citizen spouse when a claim of domestic abuse is made by an immigrant spouse, so that false claims of abuse cannot be used as an advantage to gain residency. We seek to redress the injustices that have been produced by unfair application of Domestic Violence laws and the unfairness of the judicial system as this will prevent foreign spouses from being rewarded with a visa or British passport. Close the DV Concession route being used by gay people and mostly foreign women against UK spouses;
implement the same law for sharing spouses’ private pensions as for state pensions where the current law is being revised in October 2014, to be implemented in 2015;
recognise that visa and marriage fraud represent a very serious threat to our national security;
liaise with MEPs as marriage fraud is widespread throughout Europe and is now fast growing in America, Canada, Australia and New Zealand;
renew visas every 3 or 5 years as this is the law in some European countries. A British passport should be earned and not given so freely;
include the British spouse in appeals against deportation after the marriage breaks down as under the current law the UK spouse has no right to attend or even know that the foreign spouse has appealed the deportation . As an example, one of our members whose marriage had broken down prior to ILR being given to the foreign spouse, had no idea that her spouse had appealed the decision but she subsequently obtained the appeal decision which was heard at an Appeal Tribunal and was shocked at what he said;
ensure foreign spouses marrying in the UK register their marriage in their home country via their embassies and this should be a requirement before any kind of continuing visa was granted;
Check Facebook pages of foreign spouses, this is being done in the US;
ensure a foreign divorce from a British citizen can be registered in the UK as the current law provides for registration of marriages in a foreign country. Dee's Tunisian husband was able to divorce her in Tunisia, while still living with her in the UK and subsequently was able to bring his Tunisian wife to the UK.
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