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immigrationmarriag
Apr 29, 2017

Archived Posts

2 comments

Below are the old posts from the .co.uk website

immigrationmarriag
Apr 29, 2017Edited: Apr 29, 2017

 

Custody of children born in a fraudulent marriage P1

 

My friend is Asian and married for the second time three years ago to a man who duped her into a relationship, moving into her flat for five years before coercing her into getting married when she fell pregnant, telling her he would take the baby if she did not marry him.He is 9 years younger than her. She thought she had found someone who genuinely loved her. She was depressed and lonely, fighting to bring up three teenage daughters alone after  divorce from an arranged marriage, so I guess she was a prime target!

She had minimal support financially from him and she found out he had built  large house in India from the money he earned over here after she helped him get a two year biometric permit.

She has now kicked him out but he continues to threaten to take the baby who is on the child protection register due to the arguments once she found out the truth; he tries everything he can to descredit her as a mother in front of social services so they will allow him to have the baby. My friend is seriously depressed and fighting all this is exhausting her which makes it even more likely she will lose her child.

Does anybody have an understanding of what the law says regarding the possibility of him getting custody? my friend is adamant that he will get no support  from her to get his permit. 

-- June 4, 2015 at 10:29 PM

PrincessMember Posts: 74

Your friend needs to quickly seek legal advice and write to the home office quicky in regards to the 2yr visa biometric.` he will try to use the baby to stay in the UK re Human rights etc.. so she needs to alert the Home Office asap, and get legal advice to keep her child and depending on what is going on she needs to get unto a victim support group because what he is doing to her is  abuse. It's best she get a lawyer for the child  case if she can, if the man is no longer aorund, why is the child still placed on the register.

June 5, 2015 at 2:01 AMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Thanks for quick response, why is child still on register? good question! he still has contact, pick baby up from nursery for a couple of hours, all recommended by social services in the best interest of the child!

Social Services would you believe, stated to him in the last meeting just four days back that they would support his position as a father as regards his applicatigon to home office! They all seem to be dragging mum down and denigrating her ability as a mother; just typing it mkes me angry. 

June 5, 2015 at 12:56 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

I forgot to mention on the last posting that my friend has written to home office but has no feedback as yet, she needs to chase it up but is still in denial about some parts of what has happened and is not functioning very wel, she has health problems nd a daughter from her first marriage that has learning difficultiesl

What victim support group would be best?

June 5, 2015 at 1:04 PMEdit Delete Flag Quote & Reply

DeeAdministrator Posts: 63

Keith, I am out of the country in Tunisia, fighting my case but have limited internet access. What Princess said is correct but I hope you registered on the Allegations Management System.  This lady needs good support.  First I think she needs to get in touch witht the National Domestic Violence helpline. They can usually help in these cases and also she needs to ask them to help her to get a Prohibited steps Order taken out against him so he cant take the child out of the country.  This only last 12 months and has to be renewed. She also needs to get in touch with her MP and ask him to write to the Home Office, in particular Theresa May, as she has very strong feelings about these marriages using a child to remain in this country. She too should contact Wikivorce and get 30 minutes free legal advice as she will need to fight this criminal.  She needs to contact the police about him first, otherwise he will build up a case against her instead and use this route to try and get a DV visa.  She needs to tell the police what this man is doing.  If her case has been registered on the AMS then please write to me and let me know the area she lives in so I can give the contact details of Immigratioh enforcement officers. He thinks this child will help him to get a visa.  Is he supporting this child financially?

--

June 5, 2015 at 2:12 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Thanks for responses on this. My friends husband has good contact with baby, all encouraged by social services. He does not support baby when she is with mum, does not pay for food, heating etc. When baby is with him he has been known to leave her with friends or his stepdaughters while he goes to work. Mum has written to Home Office about six weeks back but has no response, she has given information to police.

June 6, 2015 at 10:40 AMEdit Delete Flag Quote & Reply

DeeAdministrator Posts: 63

He is using her for a DV visa.  Emails are looked at regularly, so please write all further correspondence via emails.  Also further details of her case must be kept confidentially.  We dont wish to give the criminals too much information on what we are doing.

--

June 7, 2015 at 11:40 AMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

My friend reported her husband to Home Office today,  after a very stressful day before; breaking down, crying and feeling hopeless, she feels a little more in control. There is still a long way to go; he is not the kind of man who will just give up, but it feels like a start. 

Thanks for all the advice from others, will keep you posted and I pray for strength for everyone on the forum. This is a disgusting crime that brings down not only those directly involved but destroys families and affects those who care for the victim. It turns something that should be sacred and precious into a tradegy. How these people can be so cynical about another human being escapes me.

June 11, 2015 at 10:17 PMEdit Delete Flag Quote & Reply

DeeAdministrator Posts: 63

Keith, we share your feelings and that is why we are fighting so hard to get the law changed to work in favour of the British victim.  Both Kim and I are also fighting our own personal battles as well as trying to help other victims.  I have been in Tunisia since 3 June fighting my own cases,  I have been put in this position because the gvt here failed to prosecute him, he keeps appealing and delaying the cases because he knows he can but it has to stop one day,  I am nearing the end but will not give up fightig for others, even when my case comes to an end. Tell your friend to stay strong and dont let him win because he is hoping she will give up.

--

June 13, 2015 at 2:35 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Hi everyone

My friend had conflicting advice from two different solicitors yesterday,. One told her that applying for legal separation / divorce would speed her husbands' deportation; the other told her it does not matter. Does anyone have experience of this, or any knowledge if this is true? 

June 20, 2015 at 11:34 AMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

I think she should inform the Home Office that she no longer wish to sponsor him. Hopefully, by filling out the AMS form she has done this. If he hasnt got an ILR, this would certainly help her case but he is going to use the 'anchor' child against her. I think he is no longer able to get any kind of legal aid for these cases, so unless he has a ton of money, it will be very expensive for him. Did she tell the solicitors that she has a child with this man?   Did she contact Wikivorce?  They are familiar with Immigration Marriage Fraud UK and will offer 30 minutes free legal advice.  A third opinion should be sought. Hopefully, one of our members will answer your question further.

June 21, 2015 at 11:38 AMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

How likely is my friends ex chances of staying in Uk? He is taunting her that as he has contact with baby he is going to be allowed to stay under human rights etc. My friend is getting really distressed and he is picking up on her weakness while he seems to be really calm and confident. 

July 13, 2015 at 8:37 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

If I was your friend, I wouldnt even talk to him and have contact via an agreed third party.  Perhaps from Social Services.  She should relay the contents of these taunts via the Allegations Management Systems.  You should be asking the Home Office this question as we dont really know the evidence they have before them.  She needs to speak to her social worker.

July 15, 2015 at 1:43 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Thanks Dee' found out today from my friend that she got a letter this morning, looks like he is applying for custody of baby.under section eight of childrens act. He has no public funding so looks like he has got the money! I am pushing my friend to get a prohibitive steps order; unfortunately she has gone into panic mode, Thanks for advice on social worker, unfortunately she is very biased towards him and negative around my friend, picking faults with her flat.

July 16, 2015 at 3:06 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

Keith, she should contact the police. Hope she did report her situation on the AMS system.  She can update the system as many times as she likes. She needs to get a non molesttation order in place.  Contact an Asian support organisation such as the Southall Black Sisters (look them up on the internet) for support.  Get another Social Worker, she doesnt have to stick with the present one.  Basically, I think I have exhausted the advice given to you, especially not being able to talk to the victim.  So please contact those organisations and take it from there now.  Good luck and I hope it works out for her.  Why has his visa not been curtailed if she no longer sponsors him?

July 17, 2015 at 10:27 AMEdit Delete Flag Quote & Reply

PrincessMember Posts: 74

Hi Dee, just send an email to you. Thanks for all the help and support. Now I am being give a harrassment letter for informing the Home Office of what has been happening with this false dociuments my estranged husband made passing me off as the biological daughter, which I did not know until police took him out of my home and I found that hidden in his suitcase. I don't get this anymore, his viss has been curtailed since last year, but he can still contiue working, harrassing me and go report me to the police and he acts as victim when he is the real perpetrator. I have given up already. Do you have any advice? I have sent an email to you. Thanks

July 17, 2015 at 7:45 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Hi Princess, same thing is happening to my friend. These guys are experts at making themselves look like the victcim.  Her ex has now got court order accusing her of emotionally abusing her baby when it was his abuse that has messed my friend up, she is struggling to get legal aid but he has got it and is boasting about it, didn't think he could get it as he has no recourse to public funding. Ths country is so screwed up it makes me sick. 

July 18, 2015 at 5:34 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Hi Princess, same thing is happening to my friend. These guys are experts at making themselves look like the victcim.  Her ex has now got court order accusing her of emotionally abusing her baby when it was his abuse that has messed my friend up, she is struggling to get legal aid but he has got it and is boasting about it, didn't think he could get it as he has no recourse to public funding. Ths country is so screwed up it makes me sick. 

July 18, 2015 at 5:34 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

By the way Dee thanks for your help. I note your comment about not being able to speak to my friend; she is not computer literate, and is overwhelmed by what has happened. Just updated AMS with recent developments.

July 18, 2015 at 5:38 PMEdit Delete Flag Quote & Reply

PrincessMember Posts: 74

Hi Keith, I know the Country seems to do nothing and this Human rights act is just making anyone get away with anything,, and the Police are just not taking these crimes serious, well to them its not really a crime.  Some of this people who claim DV get free legal advice. I am going to try and update the ams too,mind you. I don't know if it will help. I wish your friend all the luck and well done to you for helping out a friend.

July 18, 2015 at 9:35 PMEdit Delete Flag Quote & Reply

immigrationmarriag
Apr 29, 2017Edited: Apr 29, 2017

Custody of children born in a fraudulent marriage P2

DeeSite Owner Posts: 520

Princess, I have replied to you. If his visa has been curtailed then he loses the right to work I would think.  A member of ours who had the same problem got in touch with her foreign spouse's place of work and he no longer works there. Means if this is done to yours and he looks for another job, then this will come up.  Surely, this means they have his passport which contains his visa stamp? I dont think his existing workplace knows that his visa has been curtailed.  Get someone to ring up the HR department of his work.  Thats what I would do but keep yourself safe.

July 19, 2015 at 2:22 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

Keith, your friend's spouse has the same problem.  You should inform his place of work as he will be working illegally.  I think he is getting legal aid because of the DV accusation.  They know all the loopholes. You should put this down on the AMS system.

July 19, 2015 at 2:23 PMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

Hi I'm in a similar situation like your friend with the baby:

I'm a born UK Citizen and I got married to my husband who is a cousin from Pakistan.Like you I got married in Pakistan then came back and applied for his visa. He came into the UK last year in May, I got pregnant a few months down the line, when my baby was born my husband deserted me and my baby after 3 weeks and is loitering around in this country when he's been here for over a year.He left me and my baby with no food, no gas, no electricity etc and I've been forced into severe financial hardship as I'm left to pay a mortgage too.He obviously got a job here while we were together and persuaded me to get a house, have a baby, but this is a disgusting trick he played with my life, what for? Gain entry, live a free life no responsibility, use my baby as an excuse to stay in UK? Does this government and the Home Office have any concerns for the lives of innocent British Citizens being destroyed by these crooked frauds? Or are we just sitting ducks for these foreigners to walk all over us and our plight and suffering of this gross injustice is being ignored because they know that this country is soft with human rights? How ironic when these foreign fraudsters have no compassion or humanity for us Brits.I reported my husband to Manchester Curtailment Team but lately I have not had any response from them as to whether they are doing anything.As for my cruel and wicked husband; just because he is my baby's biological father it should not give him automatic right to stay in the UK when he is guilty of this marriage fraud. I told the police about my husband mentally and physically abusing me, they didn't take any action just said see a solicitor.  My husband got in touch with a solicitor demanding contact with my child, he obviously wants to use my child for stay in UK.  I got in touch with Domestic Violence Service who are trying to help me, at the moment I don't know where this is going to lead to.  Will he get deported or will he get pathetic Human Rights?

July 22, 2015 at 8:12 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

Truth Justice, so sorry what has happened to you but you must report your husband via the Allegations Management Systems form on the Home Page of this site.  If you tick the feedback box you will hear from them.  If he hasnt got his ILR yet, then you stand a good chance of getting his marriage visa curtailed but you must act fast as time is against you. The longer you let this fester, the more he will gain.  Make sure you report him to the Police and keep a record. Also take steps to protect your property.  See a solicitor and start divorce proceedings against him.

July 22, 2015 at 9:20 PMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

Hi Dee I am currently going through the Islamic Divorce process through my community known as Khula (when the wife divorces the husband). This Islamic divorce process in the community in England I know isn't recognised by English law and my husband (I don't know where he is living) is causing delays not responding to the Islamic judges. Also news has been going round in Pakistan by relatives that he has given me Talaq (when husband divorces wife) I am clueless as to whether he has applied to divorce me from Pakistan even though he is still living and working in England.  I replied to his solicitor that I refuse to grant him contact with my child and I am getting further advice from my solicitor.  I don't know how much protection I have for my house but here's another thing that's bugging me, why is are his bank statements coming to my house address when he doesn't live here? I rang his bank to complain but the bank said they cannot access or change anything on his account without his permission. How do I stop this?Even his mobile statements are coming showing he hasn't paid the bills.  For some reason that mobile company rang me asking for my husband and I told them they shouldn't be pestering me as he doesn't live here so I gave them his workplace phone number so they try get hold of him there. How do I stop this constant reminder of his presence as his correspondence keeps coming to my home address? Some companies ignore you when you tell them so and so doesn't live here.  Also if I apply for English divorce am I in danger of losing half my assets at this stage or is there the possibility he may have divorced me in pakistan, what will happen to my property? I don't know where I stand with my baby because he hasn't made application to court yet.

July 25, 2015 at 7:08 PMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

Also I reported him to AMS but don't know if and when they will respond.

July 25, 2015 at 7:15 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

`Hi Truths Justice, sorry to hear about what s happening to you. My friend has spoken to National Domestic Violence helpline, they are very helpful, also Rights of Women website  will give you links to specialist solicitors that can help.

Learn from my friends experience and don't delay seeking full residency of your child, what he is doing constitutes dometic violence which should qualify you for legal aid.  Check out definition of domestic violence on https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd. My friend left things late due to her being badly depressed and her ex got legal aid by falsely alleging domestic violence from her. Then we were told by many solicitors that only the applicant can get legal aid and not the person falsely accused; what kind of justice is that?

Rights of Women website pointed us to solicitors who seem to have a way round this but it's been hard; and we aren't there yet; so don't make the same mistake; get in first with an injuncion and an application to have control over what happens to your baby.

I hope you keep strong and get things sorted.

July 25, 2015 at 8:55 PMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

Hi Keith the above link you posted doesn't work.  I am getting really stressed and worried, losing sleep too while looking after my baby.  I have family thankfully that support me in these terrible times but they don't know how to combat this problem.  As for my husband (I will refer to him as M from now on). He is being helped by his widow sister who he went to live with when he left me and baby. You see this was their plan all along! He has pakistani cousin who got ILR and dumped his wife to bring over his pakistani wife and he picked up M in the early hours of the morning when he left me and baby.  I feel like crying because his lot are laughing at me and my family.  He is still working too.  They are working together to try keep him in this country! I feel like they are trying every avenue first with baby. What are his chances of getting a stake on my property/assets?  The bank gave me the mortgage said my husband could not be on the joint mortgage.  I think only my name is on the mortgage deed and land registry.  I am a first time buyer and if I happen to be the sole owner of my house is he going to have a dig at it? I put the deposit down from all my savings I had and am left with the repayments from the income I currently have coming in whilst on Maternity leave.  I don't fully understand the British divorce system, what happens if he files for divorce here? what happens if I file a divorce?

July 26, 2015 at 9:31 AMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

Keith, this is good advise you have given TruthsJustice but all she has to do is copy the link and paste it in her browser for it to work.  As this is a low budget website we havent got the funds to get in a proper website developer and this is one I developed with only one hour's training, so we are limited but still helping others.  You need to get out a non molestation order againt him and ask the court to take out a Prohibited Steps order (which needs renewing every 12 months) to prevent him taking your child out of the country. You can contact Wikivorce to get 30 minutes free legal advice to answer all those divorce questions. There is a section on this site about ancillary benefits in a divorce.  Read this and it will help you to understand how this works.  I really dont think you have to worry about that but he can put a charge on your property and you will have to go to court to remove this.  Ask the lawyers to put your mind at rest.

July 26, 2015 at 12:34 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Hi TruthsJustice. I am relatively new to this, as you know I am trying to help a friend; but from what I have learned from my friends matter who like you has  young child by her ex,  I know one thing; protect your child! Your ex will see the baby as a means to his passport.

Google "Law Society" Website and search for a solicitor, make an application for residency of your baby on the grounds of domestic violence. I'm not sure which area you are in. If you are in London I can recommend a good solicitor who has helped in the past and who has very good experience in these matters, I understand you are struggling financially  so to make things easy for yourself please get in first on the basis of domestic violence; you will qualify for legal aid. Don't let these people beat  you! You mention your support from family, maybe they can agree on different areas to work on; if any one is good on the web ask them to search for you, any one good at writing letters / emails? It's important that you  get organised and file any relevant papers properly; nothing adds to allready high stress levels like losing information you need, I know, I've been there! I really feel for you with what is happening, but declare war; you can do it.

I pray it all works out. 

July 26, 2015 at 3:06 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Hi TruthsJustice, I have copied and pasted definition of Domestic Violence from a top law firm.

As of 22nd April 2014 a new practice direction (PD12J) applies in all private law children cases where issues of domestic violence are relevant.

The PD provides a definition of domestic violence which includes controlling behaviour “designed to make a person subordinate and/or dependant by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.”

From your previous posts this (sadly) looks like what you have experienced and are,  still experiencing. Don't let him make the first move with this.  

Further to his bank statements still coming to you; are they solely addressed to him? If so just write "return to sender, addressee no longer at this address" and post them back, (don't put a stamp on them) Just keep doing that till they get the message. Do not entertain any other communication with them. Unwanted bank statements can be helpful though; or maybe that's a different forum!

July 26, 2015 at 3:28 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

Keith, good advice given.  It seems from your friend's experience that you are using the information gained to help others and I am grateful for this.  Only Kim and I are running this campaign and having to keep up to date with the emails, posting ont his Forum and other duties, ou time is stretched. We are also campaigning hard behind the scenes to get immigration marriage fraud recognised as a crime.  I am going to start a thread on Domestic Violence on this Forum and hopefully, you will be able to contribute any information you have gained on there.  We are also seeing many men being falsely accused of DV and they do not appear to have as much support as women. There is only one organisation for DV, Mankind, which I know of.  Perhaps others may be able to contribute to this topic on the Forum. Grateful thanks.

July 27, 2015 at 9:40 AMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

My caseworker from Domestic Violence Service is guiding me, also am in touch with solicitor, said I have good evidence to back my case, meanwhile that evil M, his sister and other treacherous relatives are creating trouble for me and my family, we were getting stressed till caring members of my community came to our aid so now we don't feel alone in this battle.  I hope we will win this in court so keep praying for me.

July 28, 2015 at 12:34 AMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

P.S thanks Keith for your advice, I will throw his coorespondence back in the post box, if the bank doesnt get it or if he sends anything else to my address should I try calling ombudsman or is this classed as harrassment and I could ask solicitor about some restraining order?

July 28, 2015 at 12:44 AMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

You cannot call the Ombudsman to solve your situation but you can talk to them about making a formal complaint if you are not satisfied with the way the Home Office has been handling your case. If you do put in a complaint, this needs the support of your MP.  Glad you are getting support in your community.  

July 29, 2015 at 10:09 AMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

I just had a thought, should I get solicitor to write me a will to protect my property and assets? I don't want my ex-fraudster to get a penny from me and if all goes well for me I want my son to be my heir when I'm gone.  Would that work?  There is no telling which way the case is going for M but I find out that his workplace are keeping him on! Apparently he gets cash in hand so they may keep him illegally.  When he was with me he got half his earnings in account and the rest was unknown to me till I discovered he was getting cash in hand - tax evasion! Child maintenance is an insult because they only go by the books, so I refused, wish he was deported but this kinda sucks.  Still praying he doesn't come near me and my son.

July 29, 2015 at 2:56 PMEdit Delete Flag Quote & Reply

keith crudgingtonMember Posts: 102

Not sure if a trust for some of your assets etc would work, with you as trustee for your chilld; my friend has started a mini ISA for her child, as far as I know this secures some assets for child when older so it's the childs money and only they can get it. Don't know full facts on this but worth checking it. It's good that you are praying he keeps away, I believe in prayer but get an injunction!

July 29, 2015 at 4:38 PMEdit Delete Flag Quote & Reply

TruthsJusticeMember Posts: 156

My caseworker from DVS came today and she is on my case, she will do everything she can to investigate and help me if I need injunctions or support me if M takes me to court.  She said I have strong evidence so far but if anything else happens I gotta update her with latest developments.

July 30, 2015 at 5:23 PMEdit Delete Flag Quote & Reply

DeeSite Owner Posts: 520

TJ, thats great. Keep us posted as false accusation of DV is very close to my heart and I really want this sorted.  The government are aware but errs on the side of the accuser but this must be stopped as these evil people are using a law brought in to protect the innocent to fast track their visas.

August 4, 2015 at 12:51 PMEdit Delete Flag Quote & Reply

PrincessMember Posts: 74

Rightly said Dee.

August 4, 2015 at 2:27 PM

New Posts
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    Oct 10

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  • leatherpro
    Sep 17, 2018

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  • bornofa
    Jun 11, 2018

    Has anyone any experience of their ex using custody of their child to sponsor their family into UK? I used to post on the old site about my friend's struggle with her ex who was using his child to get a UK visa. Sadly he has succeeded. not only that he now has full custody (residence) of their five year old daughter. Social services branded my friend as "vindictive and manipulative because she reported her ex for rape and immigration fraud. The judge believed them and now she only sees her child twice a month for three hours, they say she has abused her child by carrying out a two year campaign against her ex!. We now know he is sponsoring his parents over here on the basis of them having strong ties with their "granddaughter; they have only seen her once when she was 2 years old and she did not like them. He is also going to re arrange his nephews entry into UK who was deported three years ago. We are certain that once over here in the UK they will "disappear" being given fake ID etc, that's what my friend's ex did to get here in the first place. What's the best way to deal with this?