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MY HUSBAND DISAPPEARED
I NEED HIS DOCUMENTS TO SEND TO THE HOME OFFICE FOR MY INDEFINITE LEAVE TO REMAIN IN THE UK – WHAT DO I DO?
The last time I met Shade, she told me that she is now married to a man from France, this was four years ago, I said to her, Congratulations and I will miss you being a spinster.
The next thing she said was that she married him because she was told that being married to an EEC National is the easiest way of sorting out her immigration problems.
Naturally, I told her that it all depends and I left the matter like that. I did not see Shade again until last month when we met at a joint and Shade told me what has been happening to her.
Her “husband” simply disappeared! She is stuck! The Home Office has requested her to submit her husband details! She has been in the United Kingdom for the past four years as an EEA dependant and now it is time for her to apply for her indefinite leave to remain in the UK!
It is a chance for her to become independent, and no longer an EEA dependant. She paid this French Husband £5000.00 some four years ago and the marriage took place round the corner with little or no frills.
Her papers were sent to the Home Office immediately. She was allowed to stay, immigration problems are over. She can now get that job; she can do what she likes without any problem.
Think again!!, Shade could be anybody, she could be from any part of Africa, never mind the fictitious name. Change the name to your own name, look at the situation, it could be you.
Just before the introduction of the COA (Certificate of Approval) This is the Home Office Approval required for you to be able to get married in the United Kingdom if you are a Foreigner!. Anyone could easily get married by visiting the Registry Office to register for marriage once they are able to show their intention and provide some identification.
This has now changed, notwithstanding, those who got married (by arrangements) during the free period, especially to EEC Nationals and who are now unable to supply the required documents to the Home Office for their visa to be upgraded to Indefinite leave to remain are now in this predicament. Article 10, Regulation (EEC) 1612/68 states that “The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State:
a)His spouse and their descendants who are under the age of 21 or are dependants.
b)Dependent relatives in the ascending line of the worker and his spouse.”
EEC Regulations are directly binding on all member states and unless there is a declaration of incompatibility as contained in section 4. – Anyway, let us stop the jargon and speak in plain English…… Do not be fooled into believing that once you are married to an EEC National, all your immigration problems are solved – this can be temporary!!!
The Home Office view is that it is entitled to investigate a marriage between an EEA national and a third-country national, to determine whether it has been entered into purely for immigration purposes, as a ‘marriage of convenience’ “A marriage of convenience is regarded as a sham marriage which is entered into solely for immigration purposes where the partners have no intention of living with each other as man and wife in a settled and genuine relationship” per Lord Annaly Home Office Minister (1994)
All that is being said here is that if you are unable to comply with the requirement of the Home Office, or indeed, if you are required to supply your husband or wife’s documents to the Home Office, the Home Office will investigate your marriage, and your application for indefinite leave to remain may be refused.
I have heard of people reserving a space in their wardrobes where clothes are bought and kept neatly, ladies or men’s shoes kept in their bedroom, dressing gown, razor or women perfumes kept on their dressing table! Just in case the Home Office decides to visit their home to investigate if indeed, the marriage is subsisting – Good attempt!. However, be informed, there is law within the EEC Regulations that states that you and your husband or wife must be living together!
Relationship only breaks down for the purposes of EU law when there is a divorce (in the United Kingdom, this means a Decree Absolute) until then you are still married and you can still rely on your marriage to an EEA national, even if you are separated or living in different houses, and even if you are progressing your divorce!!
However, this does not mean that you should tell your husband or wife to “sling their hooks” after your marriage, you will still need to show in the balance of probability that you are still married and in extreme circumstances, you may sail through after thorough investigations. In conclusion therefore, you must always have in your contemplation that you cannot substitute truth for lies or deception. Furthermore, your marriage must be subsisting, genuine and intended to last naturally.
If you have been married to an EEC National and you are unable to provided or proof conclusively when asked, your marriage will be considered a sham by the Home Office and you will encounter difficulties when asked to provide documents or come for an interview. Shade ended up in a mess because her husband disappeared, she is unable to provide documents to show that her marriage was subsisting because after the marriage the man in question returned to his family in France.
Shade on the other hand, continues to live with her husband who is equally an illegal entrants and so they are both back in the same situation they were before the marriage, albeit, £5000.00 in debt and threat of removal from the United Kingdom.
Be warned, hold on to your husband and do not let your immigration problems cost you heartache that could affect your genuine marriage. If you have this problem or other related immigration problems, contact a Lawyer, seek help, and do not keep it to yourself. You are in the United Kingdom voluntarily and you can leave the UK voluntarily not be forced to get out or be tagged with criminal record.
Have a wonderful Christmas and I will write again in the New Year!
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