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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I can't help her, can I?

66 replies

Coffeeandcrocs · 11/09/2024 13:56

I am presented with a very uncomfortable situation and just need some other voices to hopefully confirm what I'm doing is the right thing.

In short, DD's DF ( ex DP of 9 years ) married a woman from Canada who came over on a spousal visa 6 years ago after a long distance relationship. DD loved her and I really liked her too, we would communicate regularly and even have coffee together. She was a fantastic step parent and I really appreciated her presence and input into DDs life.

When she renewed her visa application, it asked about DD and their relationship and I had to provide an email confirming that ex DP had parental responsibility and stating his wife cared for our child x nights a week alongside him.

Last August, she left him after discovering he had been cheating on her leopards don't change their spots it seems . I was the first person she called when she discovered this, I ordered her comfort and words of wisdom having been in the same situation myself, also choosing to know my worth and leave.

They have remained married but she moved out of their property a few weeks after the separation and she has now moved on with her life, no chance of reconciliation. She is settled here, has a good friendship network, a good career and has no desire to go back to Canada and we keep in touch but do not speak often. Her relationship with DD had naturally fizzled and she and ex DP have a very strained relationship now.

Here is my issue :

She has contacted me saying she now needs to apply for leave to remain and the application is asking about DD again, specifically about responsibility as before. She has said she knows it's an uncomfortable situation for everyone but that she would appreciate it if I could send an email like last time for the application, Ex DP would need to do the same.

I can't do it can I? Morally I am very conflicted and really feel for her situation and the situation he has put her in but I can't see a way I can support her with this application without lying and committing what I think is a criminal offence.

(Added by MNHQ at request of OP) *exDH and her are still married til her leave to remain is granted.

YABU - you should just write the email
YANBU - no, you are right. You cannot help

OP posts:
New posts on this thread. Refresh page
MangoesAndPeaches · 16/09/2024 15:19

Is your ex-DP British or a EU National?

Type2whattodo · 15/09/2024 07:38

I think you should advise her to get an immigration lawyer. I think she should be honest that she is married, they are currently separated and working on their relationship.

The home office will be able to see she has a new address, and he doesn't, if she has anything AT ALL in her name there.

PyongyangKipperbang · 15/09/2024 00:50

I'd just write it.

Let's face it, she is you several years ago. Ok so it's not strictly speaking gospel truth but who the hell will know? You could give her a huge hand up by doing it and would knock her right back down if you didn't. Remember how you felt when he berayed your trust, how would you have felt to have to leave your whole life because of what he did, and the one person who could have prevented that chose not to?

It will cost you nothing and will give her what she needs.

Flopsythebunny · 12/09/2024 20:34

Lemonadeand · 11/09/2024 15:27

I guess the best you could do is something like:

”DD has always liked, respected and valued ex DH’s wife [not a lie, they are still married] and in my opinion she has been a positive influence on DD and done her best to be a good step mother.”

Perfect answer

muggart · 12/09/2024 20:12

Lemonadeand · 11/09/2024 15:27

I guess the best you could do is something like:

”DD has always liked, respected and valued ex DH’s wife [not a lie, they are still married] and in my opinion she has been a positive influence on DD and done her best to be a good step mother.”

I think this is good. There is a way to do it without lying.

Figment1982 · 12/09/2024 20:02

Immigration lawyer here - there should be no reason why she should need anything from you in relation to her application. It might be nice to have a letter from the other parent confirming that she spends time with them, but it should not have any legal relevance to her application at all. I have routinely applied for visas for spouses where the British partner has a child, and nothing is required from the other parent at all. The form does ask some stupid questions about how much custody access the applicant has, but that's not legally required if the basis of the application is on the relationship with the British partner.

The only way it could make a difference is if she is making an application under the Private Life rules e.g. stating that it would be detrimental to the child were she to have to leave the UK. In that case I think it would be fine for you to include a letter saying that her departure would have a negative effect on your child's life, if you think that is true.. but I certainly wouldn't be putting anything in the letter that you know not to be true e.g. that they are all living together as a family.

If she is trying to obtain ILR on the basis of being in a subsisting relationship with a British citizen then that is a fraudulent application, as unfair as that is to her given the situation was not of her own making.

TealPoet · 12/09/2024 00:26

Sandwichgen · 11/09/2024 14:18

Can you write that although she and ex have spilt up, she is an important part of your DD’s life and DD looks to her for parental support rather than to her dad?

I think this would be nice to do. Whether it helps her application or not, it might help her. It’s so sad she fell for him too :(

Orders76 · 12/09/2024 00:16

Xs main commitments and ties are to XH.
X has a good relationship with our daughter also.

I'd stay very non committal.

GertrudePerkinsPaperyThing · 11/09/2024 23:21

Absolutely not. You 100% must not do this. You could get into a lot of trouble, and there is no “fudge” middle ground you can take.

She doesn’t have any responsibility for your DGD any more. That’s it - you’ve said their relationship has “fizzled”.

Dont put your good name on the line for this.

Meeplebeen · 11/09/2024 19:23

If you do provide the letter it's fraud. She doesn't have a relationship with dd. Not sure your dd would appreciate being used to carry out great. I'm glad you're saying no.

Mamasperspective · 11/09/2024 18:15

You can get in serious trouble for this, tell her you're not prepared to lie

Coffeeandcrocs · 11/09/2024 18:12

Thank you for all of your comments and sharing your opinions. It seems the vast majority agree with my thinking that I cannot send any statements and the best thing to do is just say no.

My daughter is my priority, always. As much as my relationship with her dad is amicable, I have been doing damage control now for 9 years and I am cross that I have been put in this situation. He has not asked me to write anything and when I communicated it with him, he said there was zero expectation from him for me to be involved in this situation at all.

Some details have been changed in my post, the home country being one of them. The life in the UK test has been taken and passed.

OP posts:
Trickabrick · 11/09/2024 18:05

I think she has a bit of a cheek to be honest, she dropped out of your DD’s life after what, 6 years and is now asking you to lie for her own benefit? No way would I do that.

ManhattanPopcorn · 11/09/2024 17:58

You can't write lies.

The best you can do for her is to say nothing.

juliaxxl80 · 11/09/2024 17:54

Fluufer · 11/09/2024 17:49

Wrong. We did ILR 6 weeks ago. True they probably don't actually need a letter from OP specifically, but they absolutely do require a long list of evidence of a cohabiting relationship.

The long list of evidence, when you are married, is a council tax, joint bank account, any bills, rental agreement or house ownership. If only one name is on the paperwork, then it could be a problem, but when everything is joint, then you don't need a long list of evidence

Fluufer · 11/09/2024 17:49

juliaxxl80 · 11/09/2024 17:31

It doesn't make sense. The Home Office is checking for potential fraud only on the first visa application, that is why they require proof of the relationship like pictures, internet conversations etc. For ILR after 6 years of marriage, you don't provide all these documents. For the citizenship, you have to pass Life in the UK test and English exam ( not for Canadians of course). You don't have to stay married by this point. The story doesn't make sense to me at all.

Edited

Wrong. We did ILR 6 weeks ago. True they probably don't actually need a letter from OP specifically, but they absolutely do require a long list of evidence of a cohabiting relationship.

juliaxxl80 · 11/09/2024 17:31

Fluufer · 11/09/2024 16:16

It's not a character reference. The HO are looking for evidence of a genuine relationship - being involved with step kids can be proof of this.

It doesn't make sense. The Home Office is checking for potential fraud only on the first visa application, that is why they require proof of the relationship like pictures, internet conversations etc. For ILR after 6 years of marriage, you don't provide all these documents. For the citizenship, you have to pass Life in the UK test and English exam ( not for Canadians of course). You don't have to stay married by this point. The story doesn't make sense to me at all.

AmyFarrahFowler1 · 11/09/2024 17:29

Of course you shouldn’t do it. It’s not your problem. Don’t make it so.

Scirocco · 11/09/2024 17:25

Don't get involved. This is something the Home Office will be very wise to - staying together 'officially' until the leave to remain comes through, then the entirely unexpected and very sad separation - applications will be scrutinised and you really don't want to get involved in immigration fraud.

The most you could justifiably do is a factual letter, confirming that it is your understanding that this woman remains legally married to your ex-partner. Honestly, though, I'd steer well clear.

DoesItSparkJoyMarie · 11/09/2024 17:08

As someone who has sadly had experience of the Visa system, 100% do not do this. If the 2 of them are claiming they haven't separated, they're just straight-up breaking the law and it's extremely unfair to even ask you to be embroiled in it. It's also extremely likely they'll be found out if she's moved out - the home office will want a raft of evidence that the relationship still exists (photos, social media, text messages, multiple letters of confirmation) and she'd have to have kept her address listed as your ex's place at work and on any admin (bank, doctor, etc) for it not to come up, for starters. It's a shit situation, but not yours to fix!

stanleypops66 · 11/09/2024 16:59

As difficult as it is, I couldn't lie especially to immigration services in these circumstances. I do g know what the process is, but what if they asked for evidence or wanted to interview you. This is a legal process and lying is fraud/deceit.

juliaxxl80 · 11/09/2024 16:56

Fluufer · 11/09/2024 16:46

They require far more than that? Did you go through the process recently?

No, I don't count filling paperwork about long dead granny and giving fingerprints , proof of address in the UK etc etc . It's nothing to do with OP's daughter. Legally, the child has no connection to step mother. Surely, the new wife hasn't got her visa as a baby sitter or carer. ,

Shinyandnew1 · 11/09/2024 16:54

I absolutely wouldn’t lie to the immigration service-it’s just not worth it.

WeeOrcadian · 11/09/2024 16:50

I have some experience of immigration and I wouldn't put myself on the line in this situation. It isn't worth the ramifications that could potentially come back and bite you in the arse. You'd be lying and supporting their claim that they're still married.

LittleMy77 · 11/09/2024 16:49

I wouldn’t. What happens if you do and they do a spot check on the application (because that does happen) and you and DD get dragged further into it?

They’re also fooling themselves if they think the HO don’t look at divorces post application for settlement have been granted