Deport husband
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@Georgie Thanks for your reply, he’s actually on pre-settled status brought in the UK for being the spouse of a European.
But is that conditional on his marriage to you or could he stay here regardless of your divorce?
If he's only been here a year, then he hasn't got indefinite leave to remain. He's on his first spousal/family visa which would need to be renewed in roughly 1.5 years anyway. Contact UKVI and inform them of the circumstances with evidence that you've filed for divorce (your solicitor will have advice on how best to do this). In any case, to renew his visa, he'd need evidence that you're still living together as a married couple, which won't be the case. Make sure you change all the bills/tenancy agreement/joint accounts for various things to remove his name so there's nothing to indicate a shared address. Keep records of communication, dates and times of incidents/events so you have a solid paper trail for when you ceased living together and being in a relationship. One big thing to mention - if he can prove that the marriage broke down because of abuse by his visa sponsor (you), it may enable him to stay in the country. It's one of the few exceptions around the visa conditions. So behave sensibly.
Just saw your update. Pre-settled status is a lot trickier (and to my knowledge not dependent on you as a sponsor whatsoever). He would have to be out of the country for a certain period of time to invalidate his status.
Yeah as Kate says, if he can stay here regardless then obviously you can't get him deported, it would be dealt with like any other domestic case
Thank you so much to all of you for taking the time to reply. Regarding his visa, I’m waiting for 9AM to contact the lawyer I hired for the process. He’ll be able to tell me precisely what type of visa this man has and I’ll keep you all posted. I feel like I’m going insane. I can’t believe this is happening. But thank you for keeping me grounded.
Good luck and I'm sure you'll find your way through this, just take one step at a time starting with lawyer :)
So sorry you are going through this.. Another word of advise. I helped my friend going through domestic abuse with her husband. Make sure you safe your passports and marriage certificate etc in a safe place he can't get to. And make copies of everything. My friends husband hid it from her and she had to go through 2 years of hard work and money to get new passports and marriage certificate etc because they got married in another country. Also have a grab and go bag for you and the kids in case you need to leave instantly for whatever reason. X ALL the best. X
Thank you so much ladies, you have know idea how your support is precious to me right now because I feel so alone in this. I had the lawyer and he told me that this man’s visa is indeed contingent to our marital status however it’ll be difficult to deport him because of the kids. He may have rights to stay in the uk for them. It baffles me when he’s a passive dad. I have never regretted something this much, I’m going insane I’m telling you. I’m going to contact the Home Office.
@Ghitta I just hid all our passports, thank you so much! We never know indeed!
🫂
I would wait for the divorce and go to where he is from and then come back when you know he won’t be allowed back here 🫣 I don’t know much about this subject but just say he don’t support the children financially etc and it should help I would assume x
Get a solicitor and write a letter to the home office . Pretty sure you can get advice from citizens advice bureau. My husband tried using me for papers too but to no avail cause I checked his phone
@Rukia Thanks for your reply. Did you succeed to get him back to where he’s from? Do you know people that did?
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@Leah Thanks for your reply, that’s actually ... a brilliant idea 🤣
No I didn’t even bring him . I found out before we could even do a legal marriage ceremony . So he wanted to trick me but I found out from his phone . And his brother went as low to saying that if I was to give birth to our now son in Australia would that mean my husband would get dual citizenship 🤦🏽♀️thank God he got exposed so he can’t use me or my son .
@Rukia I’m soooo glad you found out on time! Sorry you had to go through that.
❤️I hope things work out for you too . I’m over him . Thank God :) now that opportunity is off the table he’s showing his horns .
If you brought him to the country only a year ago then he's on the first spouse visa? He doesn't have a right to stay in the country if your relationship has dissolved. Have yiu told the home office?