work permit dependent and divorce

A friend (really!) is here on a work permit. Her husband came with her as her dependent. Their marriage has broken down. Since he does not have a job and has no recourse to public funds, she has offered to buy him a ticket back to the US. He refuses to leave and told her that he spoke with a solicitor and with Immigration, who stated that as he is her dependent she has a legal obligation to support him. Supposedly, if she refuses to support him Immigration will deport both of them. Is this true? Where can I find some info on this?

Thanks for any help!

 I think your friend needs to talk to an immigration solicitor straight away, things get messey sometimes when a marriage breaks down, and it sounds like its already started, I would get proffessional help, I can't imagine it affecting her if she reports this or talks to the immigration department as she is the one with the visa, and the work, but if she leaves it she could end up with more problems, I think he is just being difficult because he does not want to give up his life style of her keeping him. It could be an unfair assumption but she does need to look into it first thing Tuesday and get all of this sorted out.

Sorry I can't help more.

Indy

I agree with the suggestion to see a lawyer.

In the case, as described, it's easy to think the person is just "being difficult", but we should remember that marriage involves legal obligations, one of which can be supporting one's spouse after a divorce, esp. if they have made significant sacrifices to enable one's career. I'm sure lots of people who get divorced wish they could just put their Ex on a plane and ship them to some country where they won't have much legal recourse to the law, etc.

paula1219, this isn't a comment on the specifics of your friend's case, of course, about which I know nothing.

Thanks, y'all. She is planning to seek legal advice as soon as possible. She has also asked him to have his solicitor provide a letter stating his position. I think he's being difficult and interpreting things to his advantage. After all, if they divorce, he has no legal right to stay here as he does not have a work permit in his own right. It seems to me that by providing him with the funds to return to his home country she should be discharging her legal obligations to him under UK laws.

If anyone knows any differently, please post. Thanks!

I imagine that this is a bit of a different situation than a spousal visa, because a person on a work permit is just a guest here as well.  So the law may a bit different.  Garry? 

>It seems to me that by providing him with the funds to return to his home country she should be discharging her legal obligations to him under UK laws.

This is an interesting situation indeed. Suppose Bill Gates got a work permit and started working in the UK, then divorces or wants to divorce his wife. Could he just buy her an economy class airfare and send her home? Would that discharge his legal obligations to her under UK law? I don't know, but it seems very hard to believe.
 

I imagine that this is a bit of a different situation than a spousal visa, because a person on a work permit is just a guest here as well.  So the law may a bit different.  Garry? 

If the marriage is no longer subsisting, the dependent spouse is vulnerable to removal.  The immigration status of 'dependent' has bugger all to do with maintenance and ancillary relief when a marriage breaks down because that territory belongs *WHOLLY* to the District Court and is reckoned with under family law and NOT immigration law.

And a "real" solicitor isn't going to say anything different.

I forgot to add:  if there's not a maintenance agreement in place in the UK, he can return to the US county court and get her hosed down properly.  And when the county or state court sends a payment order to the UK, she'll be in front of a magistrate so fast her head will swim.  So sort it out properly here.

Thanks for the advice, garry. I'll pass it on.

>It seems to me that by providing him with the funds to return to his home country she should be discharging her legal obligations to him under UK laws.

This is an interesting situation indeed. Suppose Bill Gates got a work permit and started working in the UK, then divorces or wants to divorce his wife. Could he just buy her an economy class airfare and send her home? Would that discharge his legal obligations to her under UK law? I don't know, but it seems very hard to believe.
 

However, my friend is not Bill Gates, has been here less than three years, owns no property, has no assets, is in debt up to her eyeballs thanks to her spouse's proliferate spending, and will likely have to borrow the money to purchase his ticket home. I doubt UK law will require that she do more than that considering she will have to spend the forseeable future paying off his debts.

Paula, I was only talking about this kind of case, and not about your friend, as I said in an earlier message. The point of the Bill Gates example was only that it would be surprising if a estranged spouse could be shipped home without much by way of due process, given that we can easily imagine cases (e.g., the Bill Gates case) in which doing so hardly seems just.

As a side point, I don't know UK law, but here in Canada it's quite tricky to distinguish 'her' debts from 'his' debts (this is one of the legal consequences of marriage).

It sounds like your friend is in a tough situation. Best of luck to her.

retrobolted

I worked for years in a field that involved a lot of family law.  One thing I learned is that everyone seems to claim they have met with an attorney who magically supports everything they want completely.  What experience taught me was this was usually a scare tactic.  I've seen people backed into agreements without any real legal counsel just because they are trapped in other's scare tactics that were often blatant lies.  I'm glad your friend is seeking legal advise.

As long as she did not sign as guarentor (sorry for speling) she should not be held accountable to pay his debts off, any he had prior to marriage are his or hers alone and any they took out together or in her name will be hers or split if both names are on the debts.

Family law deals with divorce and as long as no children are involved they normally encourage a parting of the ways each taking what belongs to them and if there is a property then it is sold and any equity is split if the property was bought jointly and did not belong to one of the couple prior to marriage ect.

It may be different in the US, and you would be wise to look into it, I would say try to be amicable, it is very hard, but it will make life easier for both people, but seek legal advice from a family law solicitor you should get a half hour free.

How long have they been married for as this could in the UK make a difference also, as you have to have been married 12 months before you can start divorce procedings and this might well have changed so I would look at this also.

I think shipping into out of space would not be far enough for some people I guess it depends what you have gone through, my wife and her 1st ex get on really well we all have a very good relationship what can we say.

Take care

Good luck

Thanks, everyone, for your comments and advice. My friend is seeking legal advice and will sort it out. I just wanted to reassure her that Immigration won't be showing up at the door to escort her to Heathrow! 

She needs a family lawyer, not an immigration lawyer.

Under UK immigration law, she has no obligation to continue to financially support him, and as the relationship has ended he must leave the UK or make a fresh visa application to attempt to remain.  As he is only in a temporary category, his chance of being allowed to remain are slim to none.  She is under no obligation to him, and the end of their relationship will not affect her status.

He is either lying or has a stupid or crooked lawyer.

Vicky

Thanks, Vicky. I'm pretty sure he was lying to her. It wouldn't be the first time!