Immigration question - relationship breakdown
Discussion
Looking for some help/advice/pointers please. This is a true story by the way!
I have a friend who, for reasons too complicated to go into, entered into a civil partnership in Brazil (not the uk) with a man from Brazil.
He has been living in her house here in the uk for around 9 months. It’s clear that the relationship is over and they now only communicate by text message despite being under the same roof.
She is his sponsor in the uk for his temporary visa.
She has told him that she wants him out of her house. She originally told him that she is happy to continue to sponsor him whilst he tries to find a job and alternative accommodation, but she put a two month timescale on this. This was a week or so.
He has since replied (on text!) that he won’t be leaving the house and ‘the courts will decide’
Obviously this changes the tone from my friend trying to be reasonable to now needing him gone and out of her life.
I’ve told her not to do anything until she has a plan in place so as not to potentially prejudice anything/his removal.
So yes he obviously needs to be gone, however what are the starting steps? She doesn’t have the money to engage solicitors etc.
Is it contacting uk immigration and simply telling them that she is no longer prepared to sponsor him? If so, how does she go about it?
She can obviously google phone numbers , but I was hoping that there may be some specialists on here who might be able to give an over view of the process so that she follows it correctly.
The other factor is that she is obviously essentially a lone woman who is living in the same house as a man she is about to try and get deported so there are clearly personal risks that she needs to manage and be factored into any course of action.
I have a friend who, for reasons too complicated to go into, entered into a civil partnership in Brazil (not the uk) with a man from Brazil.
He has been living in her house here in the uk for around 9 months. It’s clear that the relationship is over and they now only communicate by text message despite being under the same roof.
She is his sponsor in the uk for his temporary visa.
She has told him that she wants him out of her house. She originally told him that she is happy to continue to sponsor him whilst he tries to find a job and alternative accommodation, but she put a two month timescale on this. This was a week or so.
He has since replied (on text!) that he won’t be leaving the house and ‘the courts will decide’
Obviously this changes the tone from my friend trying to be reasonable to now needing him gone and out of her life.
I’ve told her not to do anything until she has a plan in place so as not to potentially prejudice anything/his removal.
So yes he obviously needs to be gone, however what are the starting steps? She doesn’t have the money to engage solicitors etc.
Is it contacting uk immigration and simply telling them that she is no longer prepared to sponsor him? If so, how does she go about it?
She can obviously google phone numbers , but I was hoping that there may be some specialists on here who might be able to give an over view of the process so that she follows it correctly.
The other factor is that she is obviously essentially a lone woman who is living in the same house as a man she is about to try and get deported so there are clearly personal risks that she needs to manage and be factored into any course of action.
Surely there are two separate but linked issues here.
Firstly, given that the relationship is over and she does not want to continue to live with him he needs to get out of her house asap. This is nothing to do with his immigration status.
Secondly, once he has left the immigration/residency issues are for him to worry about, not her.
So the problem is to get him out, and perhaps his status gives her some leverage- if he moves out, she wont dob him in?
Firstly, given that the relationship is over and she does not want to continue to live with him he needs to get out of her house asap. This is nothing to do with his immigration status.
Secondly, once he has left the immigration/residency issues are for him to worry about, not her.
So the problem is to get him out, and perhaps his status gives her some leverage- if he moves out, she wont dob him in?
Thanks guys.
That link is very helpful
She has tried the if you move out in two months I won’t dob you in approach in the first instance. This hasn’t worked.
Getting the boys round is one way but it runs the risk of reprisals and potentially complicating matters with the police etc when he needs to be gone.
She’s safe for now as he believes he has some control of the situation.
The solution needs to be as clean and as quick as possible.
That link is very helpful
She has tried the if you move out in two months I won’t dob you in approach in the first instance. This hasn’t worked.
Getting the boys round is one way but it runs the risk of reprisals and potentially complicating matters with the police etc when he needs to be gone.
She’s safe for now as he believes he has some control of the situation.
The solution needs to be as clean and as quick as possible.
E63eeeeee... said:
That was in response to mac96, not the overall situation, and the likelihood of any comeback to her from the home office is low, (although I wouldn't recommend her sponsoring him for an extension).
Thanks for the clarification; I misread the link as stating that the obligation to notify was on him only, but you are right, sorry!Do you know what happens once the home office is informed?
I see there’s an option for the contents of the report not to be divulged to the person who’s being sponsored.
Obviously she needs to avoid a situation where the HO send him a nice letter asking him to leave as that has the potential to end very badly. I’m not saying it will but as a lone woman she is scared of this.
I should add that he doesn’t have the means to leave the uk by himself (although she’ll buy him a ticket!
)
The best solution is for a couple of immigration officers to turn up and escort off somewhere else. Just not sure if this is likely to happen. Or alternatively how does she ensure that this happens?
I see there’s an option for the contents of the report not to be divulged to the person who’s being sponsored.
Obviously she needs to avoid a situation where the HO send him a nice letter asking him to leave as that has the potential to end very badly. I’m not saying it will but as a lone woman she is scared of this.
I should add that he doesn’t have the means to leave the uk by himself (although she’ll buy him a ticket!
)The best solution is for a couple of immigration officers to turn up and escort off somewhere else. Just not sure if this is likely to happen. Or alternatively how does she ensure that this happens?
This is interesting.
Surely her first thing to box off is to inform immigration that she no longer sponsors him and as such he is in the UK without a visa.
Next I would suggest she tells him to leave her house. When he refuses, give him in writing notice to leave her house (both in English and Portuguese).
He will no doubt ignore her. Then she just needs to wait until his notice has been served and when he goes out, change the locks. If he becomes difficult, call the police.
Out of interest, how does he support himself financially?
Surely her first thing to box off is to inform immigration that she no longer sponsors him and as such he is in the UK without a visa.
Next I would suggest she tells him to leave her house. When he refuses, give him in writing notice to leave her house (both in English and Portuguese).
He will no doubt ignore her. Then she just needs to wait until his notice has been served and when he goes out, change the locks. If he becomes difficult, call the police.
Out of interest, how does he support himself financially?
She has been supporting him, not least by giving him a roof over his head (which she owns). Although he has now found a small job which has been enough for him to buy a shed as she told him she was no longer prepared to taxi him everywhere.
The job has now prompted her to tell him she wants him gone in two months (in an attempt to keep it civil/risk free). He’s now said no, hence the current situation.
She could write to him as you suggest but that escalates the situation when he’s still in her house.
The solution might be as simple as changing the locks when he’s out, but that will inevitably cause a situation when he returns. And a ‘scene’ might be inevitable regardless, but I suppose it’s about planning for it and controlling it as best as possible to minimise her risks. Including not doing anything that might prejudice him getting kicked out.
The job has now prompted her to tell him she wants him gone in two months (in an attempt to keep it civil/risk free). He’s now said no, hence the current situation.
She could write to him as you suggest but that escalates the situation when he’s still in her house.
The solution might be as simple as changing the locks when he’s out, but that will inevitably cause a situation when he returns. And a ‘scene’ might be inevitable regardless, but I suppose it’s about planning for it and controlling it as best as possible to minimise her risks. Including not doing anything that might prejudice him getting kicked out.
It’s a Brazilian civil partnership as opposed to a uk one.
I think (and I may be wrong) but the key is that he’s only in this country because she sponsors him. If she ceases to do that, then he’s no longer entitled to stay in the uk.
He has stated in the (recent) past that he will accuse her of being abusive which may entitle him to stay in the uk for longer.
I have advised her to speak with various women’s charities as his refusal to leave the house is at the very least cohesive and controlling. She will also have a record of his behaviour.
I think (and I may be wrong) but the key is that he’s only in this country because she sponsors him. If she ceases to do that, then he’s no longer entitled to stay in the uk.
He has stated in the (recent) past that he will accuse her of being abusive which may entitle him to stay in the uk for longer.
I have advised her to speak with various women’s charities as his refusal to leave the house is at the very least cohesive and controlling. She will also have a record of his behaviour.
ben5575 said:
Do you know what happens once the home office is informed?
I see there’s an option for the contents of the report not to be divulged to the person who’s being sponsored.
Obviously she needs to avoid a situation where the HO send him a nice letter asking him to leave as that has the potential to end very badly. I’m not saying it will but as a lone woman she is scared of this.
I should add that he doesn’t have the means to leave the uk by himself (although she’ll buy him a ticket!)
The best solution is for a couple of immigration officers to turn up and escort off somewhere else. Just not sure if this is likely to happen. Or alternatively how does she ensure that this happens?
It's highly unlikely the first step will be immigration officers knocking on the door. Realistically they'll write to him and give him 28 days to get another form of leave or to get himself on a plane before there's any likelihood of actual enforcement. I see there’s an option for the contents of the report not to be divulged to the person who’s being sponsored.
Obviously she needs to avoid a situation where the HO send him a nice letter asking him to leave as that has the potential to end very badly. I’m not saying it will but as a lone woman she is scared of this.
I should add that he doesn’t have the means to leave the uk by himself (although she’ll buy him a ticket!
)The best solution is for a couple of immigration officers to turn up and escort off somewhere else. Just not sure if this is likely to happen. Or alternatively how does she ensure that this happens?
The offer to buy him a ticket might be helpful once the process starts, as if he doesn't go voluntarily it will affect his chances of getting a UK visa in future.
It does seem like step 1 is getting him out of the house. Somewhere like CAB might be a good place to start for support. I have no idea how the divorce equivalent process works for civil partnerships but she should probably get some advice about that and what he might be entitled to.
As already stated, as the sponsor she has a duty to report the change in status to the Home Office. They will ask for an exact date, and it’s reasonable for her to give todays date rather than a date in the past, justification being they were trying to make it work but now she is sure the relationship is over.
HO will then send him a letter about the notification telling him what his options are. Pretty sure he’ll get a 90 day period to either find a new sponsor (employer or another partner) otherwise after that he has to leave the UK.
Any change to address also needs to be reported. If he starts acting threateningly she needs to involve the police/lads/dags.
HO will then send him a letter about the notification telling him what his options are. Pretty sure he’ll get a 90 day period to either find a new sponsor (employer or another partner) otherwise after that he has to leave the UK.
Any change to address also needs to be reported. If he starts acting threateningly she needs to involve the police/lads/dags.
It seems like your friend just wants to find a way for him to be gone with no confrontation.
I don't see that as a possibility.
She needs to make a plan, and see it through. CAB seems like a good place to start. Perhaps a conversation with the local police station? At least that will formalise that she has contacted the police about him should it all get nasty.
I don't see that as a possibility.
She needs to make a plan, and see it through. CAB seems like a good place to start. Perhaps a conversation with the local police station? At least that will formalise that she has contacted the police about him should it all get nasty.
ben5575 said:
It’s a Brazilian civil partnership as opposed to a uk one.
The partnership is likely valid and recognised (I am not a lawyer) https://www.gov.uk/government/publications/note-on...
Immigration is a separate matter.
Thanks. Yes I’ve suggested the CAB to her.
I think it’s a blend of advice from CAB, women’s charities and the HO.
As it’s presently ‘under control’ (from a risk pov), I thought I would ask on here if anybody has any similar experience.
It’s defiantly one of those situations where once the button is pressed, it goes nuclear. Just trying to limit the fallout (to torture the metaphor further)
I think it’s a blend of advice from CAB, women’s charities and the HO.
As it’s presently ‘under control’ (from a risk pov), I thought I would ask on here if anybody has any similar experience.
It’s defiantly one of those situations where once the button is pressed, it goes nuclear. Just trying to limit the fallout (to torture the metaphor further)
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