Marital Dispute Over Residency and Support
The client is seeking guidance regarding her husband, who is dependent on her for his visa status in the UK. They arrived in the UK under a spouse visa category, with the client as the sponsor, and her husband holds pre-settled status under the EU Settlement Scheme. Recently, her husband entered into a second marriage abroad without her consent and has been absent for a prolonged period, providing no support for their child. The client is concerned that he may try to return to the UK to secure permanent residency and later divorce her to bring his second wife to the UK. She is looking for advice on divorce proceedings, potential legal actions concerning the second marriage, reporting her husband's actions to immigration authorities, eligibility for legal aid, and measures to prevent her husband from leveraging her sponsorship or their child for residency purposes.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the procedure for filing a divorce in the UK, considering my circumstances, and do I need to file if my marriage wasn't registered?
In the UK, to file for divorce, you must have been married for at least one year and demonstrate that the marriage has irretrievably broken down. Even if your marriage was not registered in the UK, you can still file for divorce if it was legally recognised in the country where it occurred. You can apply online or by submitting a paper form to the court, and you'll need to pay a fee unless exempt. Consider seeking assistance from local family law solicitors or resources like Citizens Advice for guidance.
Can I take any legal action against my husband's second marriage under UK law, considering he married without my consent?
Under UK law, bigamy is illegal and constitutes a criminal offence. If your husband has entered into a second marriage while still legally married to you, he may be committing bigamy, which is punishable under existing legislation. You may report this to the police to initiate an investigation. Your consent is not required under UK law for him to marry again without legally dissolving your first marriage. It's important to seek legal advice regarding the implications of his actions.
How can I report my husband's actions to immigration authorities and request the cancellation of his visa?
To report your husband's actions, you should contact the relevant immigration authorities and provide detailed information about his breach of visa conditions and marital status. You can do this anonymously if preferred, through their online reporting tool. Clearly explain the situation, including his second marriage and lack of support for your child. Providing evidence to support your claims will be crucial. Consulting with an immigration solicitor can offer further guidance on legal strategies available.
Am I eligible for legal aid while on benefits, and how can I apply for it?
If you're on certain state benefits, you may qualify for legal aid in the UK, including for divorce and related family law matters. Key benefits that can make you eligible include Income Support and Universal Credit. You'll also need to demonstrate that your case has a strong likelihood of success and that it's in the interests of justice. To apply, you should contact the Legal Aid Agency or a solicitor who offers legal aid services to help determine your eligibility.
What steps can I take to prevent my husband from using my sponsorship or our child as a basis to apply for any visa or residency?
To prevent your husband from using your sponsorship or your child to apply for a visa or residency, notify the immigration authorities about his actions and your lack of support for his immigration status. They are unlikely to grant residency if he cannot demonstrate continuous residency or fulfil family obligations. Informing them about his absence is critical. Additionally, seeking a court order may restrict his ability to make decisions regarding your child that could affect her residency.
