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Custody of children born in a fraudulent marriage P2
Princess, I have replied to you. If his visa has been curtailed then he loses the right to work I would think. A member of ours who had the same problem got in touch with her foreign spouse's place of work and he no longer works there. Means if this is done to yours and he looks for another job, then this will come up. Surely, this means they have his passport which contains his visa stamp? I dont think his existing workplace knows that his visa has been curtailed. Get someone to ring up the HR department of his work. Thats what I would do but keep yourself safe.
July 19, 2015 at 2:22 PMEdit Delete Flag Quote & Reply
Keith, your friend's spouse has the same problem. You should inform his place of work as he will be working illegally. I think he is getting legal aid because of the DV accusation. They know all the loopholes. You should put this down on the AMS system.
July 19, 2015 at 2:23 PMEdit Delete Flag Quote & Reply
Hi I'm in a similar situation like your friend with the baby:
I'm a born UK Citizen and I got married to my husband who is a cousin from Pakistan.Like you I got married in Pakistan then came back and applied for his visa. He came into the UK last year in May, I got pregnant a few months down the line, when my baby was born my husband deserted me and my baby after 3 weeks and is loitering around in this country when he's been here for over a year.He left me and my baby with no food, no gas, no electricity etc and I've been forced into severe financial hardship as I'm left to pay a mortgage too.He obviously got a job here while we were together and persuaded me to get a house, have a baby, but this is a disgusting trick he played with my life, what for? Gain entry, live a free life no responsibility, use my baby as an excuse to stay in UK? Does this government and the Home Office have any concerns for the lives of innocent British Citizens being destroyed by these crooked frauds? Or are we just sitting ducks for these foreigners to walk all over us and our plight and suffering of this gross injustice is being ignored because they know that this country is soft with human rights? How ironic when these foreign fraudsters have no compassion or humanity for us Brits.I reported my husband to Manchester Curtailment Team but lately I have not had any response from them as to whether they are doing anything.As for my cruel and wicked husband; just because he is my baby's biological father it should not give him automatic right to stay in the UK when he is guilty of this marriage fraud. I told the police about my husband mentally and physically abusing me, they didn't take any action just said see a solicitor. My husband got in touch with a solicitor demanding contact with my child, he obviously wants to use my child for stay in UK. I got in touch with Domestic Violence Service who are trying to help me, at the moment I don't know where this is going to lead to. Will he get deported or will he get pathetic Human Rights?
July 22, 2015 at 8:12 PMEdit Delete Flag Quote & Reply
Truth Justice, so sorry what has happened to you but you must report your husband via the Allegations Management Systems form on the Home Page of this site. If you tick the feedback box you will hear from them. If he hasnt got his ILR yet, then you stand a good chance of getting his marriage visa curtailed but you must act fast as time is against you. The longer you let this fester, the more he will gain. Make sure you report him to the Police and keep a record. Also take steps to protect your property. See a solicitor and start divorce proceedings against him.
July 22, 2015 at 9:20 PMEdit Delete Flag Quote & Reply
Hi Dee I am currently going through the Islamic Divorce process through my community known as Khula (when the wife divorces the husband). This Islamic divorce process in the community in England I know isn't recognised by English law and my husband (I don't know where he is living) is causing delays not responding to the Islamic judges. Also news has been going round in Pakistan by relatives that he has given me Talaq (when husband divorces wife) I am clueless as to whether he has applied to divorce me from Pakistan even though he is still living and working in England. I replied to his solicitor that I refuse to grant him contact with my child and I am getting further advice from my solicitor. I don't know how much protection I have for my house but here's another thing that's bugging me, why is are his bank statements coming to my house address when he doesn't live here? I rang his bank to complain but the bank said they cannot access or change anything on his account without his permission. How do I stop this?Even his mobile statements are coming showing he hasn't paid the bills. For some reason that mobile company rang me asking for my husband and I told them they shouldn't be pestering me as he doesn't live here so I gave them his workplace phone number so they try get hold of him there. How do I stop this constant reminder of his presence as his correspondence keeps coming to my home address? Some companies ignore you when you tell them so and so doesn't live here. Also if I apply for English divorce am I in danger of losing half my assets at this stage or is there the possibility he may have divorced me in pakistan, what will happen to my property? I don't know where I stand with my baby because he hasn't made application to court yet.
July 25, 2015 at 7:08 PMEdit Delete Flag Quote & Reply
Also I reported him to AMS but don't know if and when they will respond.
July 25, 2015 at 7:15 PMEdit Delete Flag Quote & Reply
`Hi Truths Justice, sorry to hear about what s happening to you. My friend has spoken to National Domestic Violence helpline, they are very helpful, also Rights of Women website will give you links to specialist solicitors that can help.
Learn from my friends experience and don't delay seeking full residency of your child, what he is doing constitutes dometic violence which should qualify you for legal aid. Check out definition of domestic violence on https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd. My friend left things late due to her being badly depressed and her ex got legal aid by falsely alleging domestic violence from her. Then we were told by many solicitors that only the applicant can get legal aid and not the person falsely accused; what kind of justice is that?
Rights of Women website pointed us to solicitors who seem to have a way round this but it's been hard; and we aren't there yet; so don't make the same mistake; get in first with an injuncion and an application to have control over what happens to your baby.
I hope you keep strong and get things sorted.
July 25, 2015 at 8:55 PMEdit Delete Flag Quote & Reply
Hi Keith the above link you posted doesn't work. I am getting really stressed and worried, losing sleep too while looking after my baby. I have family thankfully that support me in these terrible times but they don't know how to combat this problem. As for my husband (I will refer to him as M from now on). He is being helped by his widow sister who he went to live with when he left me and baby. You see this was their plan all along! He has pakistani cousin who got ILR and dumped his wife to bring over his pakistani wife and he picked up M in the early hours of the morning when he left me and baby. I feel like crying because his lot are laughing at me and my family. He is still working too. They are working together to try keep him in this country! I feel like they are trying every avenue first with baby. What are his chances of getting a stake on my property/assets? The bank gave me the mortgage said my husband could not be on the joint mortgage. I think only my name is on the mortgage deed and land registry. I am a first time buyer and if I happen to be the sole owner of my house is he going to have a dig at it? I put the deposit down from all my savings I had and am left with the repayments from the income I currently have coming in whilst on Maternity leave. I don't fully understand the British divorce system, what happens if he files for divorce here? what happens if I file a divorce?
July 26, 2015 at 9:31 AMEdit Delete Flag Quote & Reply
Keith, this is good advise you have given TruthsJustice but all she has to do is copy the link and paste it in her browser for it to work. As this is a low budget website we havent got the funds to get in a proper website developer and this is one I developed with only one hour's training, so we are limited but still helping others. You need to get out a non molestation order againt him and ask the court to take out a Prohibited Steps order (which needs renewing every 12 months) to prevent him taking your child out of the country. You can contact Wikivorce to get 30 minutes free legal advice to answer all those divorce questions. There is a section on this site about ancillary benefits in a divorce. Read this and it will help you to understand how this works. I really dont think you have to worry about that but he can put a charge on your property and you will have to go to court to remove this. Ask the lawyers to put your mind at rest.
July 26, 2015 at 12:34 PMEdit Delete Flag Quote & Reply
Hi TruthsJustice. I am relatively new to this, as you know I am trying to help a friend; but from what I have learned from my friends matter who like you has young child by her ex, I know one thing; protect your child! Your ex will see the baby as a means to his passport.
Google "Law Society" Website and search for a solicitor, make an application for residency of your baby on the grounds of domestic violence. I'm not sure which area you are in. If you are in London I can recommend a good solicitor who has helped in the past and who has very good experience in these matters, I understand you are struggling financially so to make things easy for yourself please get in first on the basis of domestic violence; you will qualify for legal aid. Don't let these people beat you! You mention your support from family, maybe they can agree on different areas to work on; if any one is good on the web ask them to search for you, any one good at writing letters / emails? It's important that you get organised and file any relevant papers properly; nothing adds to allready high stress levels like losing information you need, I know, I've been there! I really feel for you with what is happening, but declare war; you can do it.
I pray it all works out.
July 26, 2015 at 3:06 PMEdit Delete Flag Quote & Reply
Hi TruthsJustice, I have copied and pasted definition of Domestic Violence from a top law firm.
As of 22nd April 2014 a new practice direction (PD12J) applies in all private law children cases where issues of domestic violence are relevant.
The PD provides a definition of domestic violence which includes controlling behaviour “designed to make a person subordinate and/or dependant by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.”
From your previous posts this (sadly) looks like what you have experienced and are, still experiencing. Don't let him make the first move with this.
Further to his bank statements still coming to you; are they solely addressed to him? If so just write "return to sender, addressee no longer at this address" and post them back, (don't put a stamp on them) Just keep doing that till they get the message. Do not entertain any other communication with them. Unwanted bank statements can be helpful though; or maybe that's a different forum!
July 26, 2015 at 3:28 PMEdit Delete Flag Quote & Reply
Keith, good advice given. It seems from your friend's experience that you are using the information gained to help others and I am grateful for this. Only Kim and I are running this campaign and having to keep up to date with the emails, posting ont his Forum and other duties, ou time is stretched. We are also campaigning hard behind the scenes to get immigration marriage fraud recognised as a crime. I am going to start a thread on Domestic Violence on this Forum and hopefully, you will be able to contribute any information you have gained on there. We are also seeing many men being falsely accused of DV and they do not appear to have as much support as women. There is only one organisation for DV, Mankind, which I know of. Perhaps others may be able to contribute to this topic on the Forum. Grateful thanks.
July 27, 2015 at 9:40 AMEdit Delete Flag Quote & Reply
My caseworker from Domestic Violence Service is guiding me, also am in touch with solicitor, said I have good evidence to back my case, meanwhile that evil M, his sister and other treacherous relatives are creating trouble for me and my family, we were getting stressed till caring members of my community came to our aid so now we don't feel alone in this battle. I hope we will win this in court so keep praying for me.