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    If your relationship fails your legal responsibilities



    If your relationship fails your legal responsibilities

    Post by Guest on 22/07/10, 07:03 am

    I like to to bring to attention to all members your legal duty when you successfully apply for a settlement visa for your wife as you have legal responsibilities as you are the sponsored of your wife or person who is sponsoring your wife to come to UK.

    If your relationship breaks within two years you are legally responsible for your wife housing and food electric gas council tax etc and general living costs if she applies to any government agency for assistance you be legal responsible to pay this back to the appropriate government agency.

    If relationship does break down she will not be able to apply for ILR she will be deported back to China and all expenses you be legal responsible for.

    If you find yourself in this situation which as very rarely happened to members don't get angry, sit down with your wife explain the situation, your relationship can no longer can be successful for various reasons if she is in full agreement would be advisable to pay all her cost back to China in the long run saving you a considerable amount of money.

    If your wife disagrees that the relationship cannot be successful my advice is try to understand the cultural differences and listen to what your wife says keep trying eventually your relationship may turn the corner and be very successful.

    Below is the legal wording of your responsibility from the UK Border Agency website

    I hereby undertake that, if the sponsored person named above is granted leave to enter or remain in the UK on a permanent basis, I shall be responsible for his or her maintenance and accommodation in U.K throughout the period of leave and any variations of it. I understand that this undertaking shall be made available to Department Work and Pensions in UK who will take appropriate steps to recover from me the cost of any public funds paid to or in respect of the sponsor person named above. I also understand that the Home Office may take a proper action to recover from me amounts attributable to any support provided under Section 95 of the Immigration and Asylum Act 1999 ( support for asylum-seekers) to sponsor person named above. I understand that I may be committing a criminal offence and liable to prosecution I do not support the sponsored person named above and income support or income based jobseeker's allowance( under social security legislation) and or support for asylum-seeker( under at Immigration legalisation) is provided to in respect of the sponsored person name above.

    Taken from the UK Border Agents website at

    Valued Contributor
    Valued Contributor

    Number of posts : 527
    Age : 63
    Where I live : Canberra, Australia
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    Re: If your relationship fails your legal responsibilities

    Post by CPRSCC on 26/07/10, 10:55 am

    Something important to remember, Robert.

    The situation in Australia is similar in that you sponsor your wife (or prospective wife or husband/partner) for 2 years and the wording is not dissimilar to that in the UK. If the relationship breaks down, however, the Australian government may assist, as may the relevant State governments and I've known of at least two situations where this has happened (unfortunately in one case, engineered). I don't know if the Government actually sought reimbursement in those situations from the sponsor but, certainly as I read the sponsorship undertaking, the Federal Government, at least, could have.

    Wording from the sponsorship application:
    Part I – Sponsorship undertaking
    I agree:
    to provide information and advice to help the person(s) I am
    sponsoring settle in Australia;
    to ensure that adequate accommodation is available to them on
    arrival in Australia or, if necessary, to provide accommodation for up
    to 2 years from arrival in Australia, or the 2 years following grant of
    my partner’s visa if my partner is applying in Australia;
    to provide support as required to enable them to attend appropriate
    English language courses;
    to attend an interview (if requested by the department) in relation to
    my fiancé(e) or partner’s application;
    I will inform the department in writing if I withdraw my support for my
    fiancé(e) or partner before their application is finalised.
    I acknowledge that there are grounds under the Migration Regulations
    family violence and child custody and maintenance provisions (as
    explained in booklet 1, Partner Migration) for my partner to obtain
    permanent residence if our relationship breaks down before final
    I declare that the information I have supplied in this form is complete,
    correct and up-to-date in every detail.
    I am aware that any person who provides false or misleading
    information or who deceives or misleads or who presents a forged
    document to an Australian Government official may be prosecuted.
    I am aware that if false or incorrect information is given on this form,
    the application of the person(s) I am sponsoring may be refused, and/or
    any visa granted to that person may be liable to cancellation.
    I authorise Centrelink to give information about me, relevant to my
    offer to provide this sponsorship, to the Department of Immigration and Citizenship.

    Full form at
    Also:Assurance of Support
    [size=9][size=9]Some migrants may be required to provide an Assurance of
    Support with or without a bond, depending on their visa
    type, before their visa applications can be approved. An
    Assurance of Support is an undertaking given by an
    Australian citizen or permanent resident that they will
    provide financial support to you for the duration of the
    Assurance of Support period and be responsible for any
    social security payments which may be made to you. If you
    migrate with an Assurance of Support and apply for and
    receive a social security payment during the Assurance of
    Support period, your assurer will be responsible for repaying
    the amount paid to you.
    If the Assurance of Support includes a bond, and you receive
    a social security payment during the Assurance of Support
    period the amount paid to you will be first deducted from
    the bond and your assurer will be responsible for the amount
    paid to you in excess of the bond amount. This is regardless
    of whether you have served the waiting period or you have a
    waiting period exemption.

    More information here[/size]

      Current date/time is 19/12/18, 03:24 am