A friend got married last week, turns out however her partner just wanted a visa into the country, needless to say he got his one year stay permit and has taken off leaving her hurt, and feeling stupid for falling for him. The marriage wasn't consumated and it's only been a short while since they married. Can she get her marriage annuled? Can anyone reccommend any good solicitors in the central London area to arrange for a legal annulment and to have the parasites' visa revoked?? Feeling really for friend she was so happy on her weding day, feel quite sick thinking about it to be honest!!!
I'm sure it can be anulled given the circumstances - any solicitor specialising in family law should be able to do this. Not sure, but can she contact the immigration authorities as well to let them know what the git has done - maybe then they can deport him (the least he deserves imho
How can non-consumation be proven if one says they did 'do it' and the other says they didn't..... out of curiousity. And why is it so easy to annul a marriage just coz you haven't had sex???? I've always found that a strange and seriously outdated concept. What if there is a physical/medical reason why someone cannot have sexual intercourse? Sorry...totally off topic.
Fuzzywuzzy - That is so terrible for you friend. But they might investigate her even though her intentions were proper. Wrong as it may be she may have to try to prove she married him for love. Did she know he wanted a Visa? How long did she actually know him before marrying him?
She's known him for about a year, she knew he'd need a visa to stay in the country , but he came into the country on grounds that they wanted to marry he came on a fiance basis.
Her dad was dead set against it but she married him anyway..... The marriage wasn't consumated because they were going to have a religious ceremony a few weeks later....Obviously not anymore.
I didn't have sex with DH until 3 weeks after our marriage...... granted we already had a 2 yr old ds! Could he have had it anulled until then? Actually it was the first time we 'did it' after out wedding that dd was conceived!!!!
Fuzzy, if its any consolation, he won't be able to stay legally in the UK for more than the year specified in the visa. If she files for divorce I believe he is not allowed to continue in the country in terms of family links, and if a marriage of conveninece is proven, it may be rendered invalid and the guy can be deported.
BUt she needs to see a solicitor and review the conditions under which he was given the visa.
This man is in the country on the condition of his marriage. It's a two-year visa called a LLTR(M) - limited leave to remain(marriage). If the marriage ends before that he must leave the country or find another way to stay legally (work permit sponsorship or student visa, for example).
She has grounds for an annulment. She should also inform the Home Office immediately about the situation! She's been duped and will not get into trouble for having been conned. He'll get in trouble, however.
Did they go in person to get his visa immediately after the marriage, or did he post it in? B/c even if he came in on a fiance visa, which is only for 6 months, he'd need to switch to LLTR, and that requires either an appointment w/the Home Office or posting in his documentation, including passport, to the Home Office. So it's possible the Home Office is in possession of his passport already.
I think the first thing she needs to do is ring the Home Office, then see a solicitor and if she can't afford it, then the CAB to complete a form to get some Legal Aid.
I think that it would be wise to contact should contact the Immigration and Naturalisation Directorate at the Home Office and come clean about the situation. Ignoring this aspect could make her an accessory.
She can get free advice and help with dealing with the Home Office from an OISC advisor:
Yep she contacted the home office first thing once she realised and he'd left. They told her to put it into writing, but she is waiting to get her marriage annulled first so then she can give them proof that the situation under which he obtained his visa has changed..... Think happy thoughts for her I've never seen her so unhappy....
She doesn't need an anulment to prove the marriage is broken down. He's supposed to be living with her as her husband for the visa to be legal. He's not. She doesn't need to wait. A letter is enough 'proof'. The HO will contact her if they need any further information. Why wait months and months for an anulment whilst he gets up to heaven-knows-what?
He's duped the British government and should be expelled immediately.