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  1. #1
    Respected Member imagine's Avatar
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    6 months married and separation looming

    just want to check this is right,

    someone from phil who married, only approx about 6 months ago, if she leaves her husband, she loses her right to remain, even if her husband agrees to seperate, she will be unable to get flr etc,,

    and if she doesnt return back to phil becomes illegal overstayer,


  2. #2
    Moderator Steve.r's Avatar
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    I think that sound right, I am sure someone will be able to clarify a little more.
    If you want your dreams to come true ...... first you have to wake up


  3. #3
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    It's a sponsored visa, so without a sponsor ?


  4. #4
    Respected Member imagine's Avatar
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    Quote Originally Posted by grahamw48 View Post
    It's a sponsored visa, so without a sponsor ?
    yes thats what i thought, her hubby obviously her sponser, i wouldnt have thought that is transferable,


  5. #5
    Respected Member tiger31's Avatar
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    no wonder she,s leavin going from the climate in the philippines to the climate of aberdeen if thats where she is i'd leave too hahahaha


  6. #6
    Moderator joebloggs's Avatar
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    the applicant has to sign a declaration on the set(m) form to apply for ILR stating

    I declare that
    we are still married, that we are living together as husband and wife and intend to do so permanently, or that we
    are still registered in a civil partnership, that we are living together as civil partners and intend to do so permanently.
    The information I have given in this form is complete and is true to the best of my knowledge


    and for the husband to sign ..

    By the applicant’s spouse or civil partner
    I confirm that I am the spouse or civil partner of the applicant. I declare that we are still married and that we are
    living together as husband and wife and intend to do so permanently, or that we are still the civil partners of one
    another and that we are living together as civil partners and that we intend to do so permanently.
    I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act
    1999 and the Nationality, Immigration and Asylum Act 2002, to make to a person acting in execution of any of
    those Acts a statement or representation which I know to be false or do not believe to be true, or to obtain or to
    seek to obtain leave to remain in the UK by means which include deception. I am also aware that it is an offence
    under that Act (as amended) to do an act which facilitates the commission of a breach of immigration law by an
    individual who is not a citizen of the European Union, knowing or having reasonable cause to believe that the act
    has this effect.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  7. #7
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    Quote Originally Posted by tiger31 View Post
    no wonder she,s leavin going from the climate in the philippines to the climate of aberdeen if thats where she is i,d leave to hahahaha
    I second that.


  8. #8
    Trusted Member mickcant's Avatar
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    If what happened with my ex is lawful, she can stay here separated or divorced until her settlement visa expires, or UKBA cancels it.
    Mick.


  9. #9
    Respected Member imagine's Avatar
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    Quote Originally Posted by joebloggs View Post
    the applicant has to sign a declaration on the set(m) form to apply for ILR stating

    I declare that
    we are still married, that we are living together as husband and wife and intend to do so permanently, or that we
    are still registered in a civil partnership, that we are living together as civil partners and intend to do so permanently.
    The information I have given in this form is complete and is true to the best of my knowledge


    and for the husband to sign ..

    By the applicant’s spouse or civil partner
    I confirm that I am the spouse or civil partner of the applicant. I declare that we are still married and that we are
    living together as husband and wife and intend to do so permanently, or that we are still the civil partners of one
    another and that we are living together as civil partners and that we intend to do so permanently.
    I am aware that it is an offence under the Immigration Act 1971, as amended by the Immigration and Asylum Act
    1999 and the Nationality, Immigration and Asylum Act 2002, to make to a person acting in execution of any of
    those Acts a statement or representation which I know to be false or do not believe to be true, or to obtain or to
    seek to obtain leave to remain in the UK by means which include deception. I am also aware that it is an offence
    under that Act (as amended) to do an act which facilitates the commission of a breach of immigration law by an
    individual who is not a citizen of the European Union, knowing or having reasonable cause to believe that the act
    has this effect.
    this take it she will have signed when she got visa to live with her husband in uk,

    so if she leaves him, even if he agrees, she is still bound by those conditions, so if she leaves her husband she is no longer adhering to that agreement, therefore she should return home,
    what if she finds another sponser?


  10. #10
    Respected Member imagine's Avatar
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    Quote Originally Posted by mickcant View Post
    If what happened with my ex is lawful, she can stay here seperated or divorced until her settlement visa expires, or UKBA cancels it.
    Mick.
    what if she meets someone else and forms a relationship, will she get flr in those circumstances ?


  11. #11
    Moderator joebloggs's Avatar
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    Quote Originally Posted by imagine View Post
    this take it she will have signed when she got visa to live with her husband in uk,

    so if she leaves him, even if he agrees, she is still bound by those conditions, so if she leaves her husband she is no longer adhering to that agreement, therefore she should return home,
    what if she finds another sponser?
    yes she would have signed it to get a visa to the UK, also when/if she applied for FLR or ILR.

    another sponsor? she can't get married as she still married, she cant get a unmarried partnet visa becuase she needs to have lived with another guy for 2yrs.
    unless she has a child with someone else and then tries to stay using article 8.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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