Indefinite Leave to remain

[mimmie]

Dear All,

I have finished my 2 years probation period and I have also done my Life in the UK test. The problem is that my husband is in the process of divorcing me and due to domestic violence in my home I was forced to leave and rent a room.
My child ended up in a foster care and I dont know what to do. The case is pending in court and I have been declared mentally fit and do not pause any risk to my child after being through a psychological assessment. however My child's court case will be finalised on 13th May 2011 and our visa expires on 10th May 2011. The Local Authority and the judge are aware about this. The Local Authority now want to adopt my child forcefully without my consent. They are also considering to have my child adopted by my ex husband who is a British citizen and has no parental qualities.

My ex and I tried to sort out our lives but now we are not allowed to be seen together during my childs care proceedings.

I have asked to leave the UK with my child as a last resort but I have been informed that my child will remain here in the UK and turn to a British National.

I am very confused of how I can go about all these (process my indefinite leave to remain and have my child back).

I work and I earn £600 and live in a room.

Please advice me on what I should do.

[vinny]

See also Victims of domestic violence.

Better support for victims of domestic violence.

[Kitty]

See also

Family proceedings and immigration cases (freemovement blog post)

Immigration Rules paragraph 248A

Persons exercising rights of access to a child resident in the UK

[Elya]

i'd like to ask you, why LA is taken your child from you if you are a subject of a domestic abuse? As i understood you didn't harm your child. if your husband abused you, then why do they want to give your child to your husband? In the most cases a child stays with mothers?

[Casa]

I think we need to stick with immigration matters Elya.

[Elya]

i know it is an immigration matter, but it is also Human Rights not to split the child with a mum?! Why not to try for a discretionary leave?
I'm interested cause i want to try to put my ex-friend's name (who is a British) in my child's Birth Certificate. My lawers assured me he can't pretend cause he doesn't have parental responsibility. But he can apply for order to see her if he wants.
I also was worried cause of his name is in her BC.
What do you think then, I'm also overseas and is it safe to put him in the BC?

[Greenie]

i know it is an immigration matter, but it is also Human Rights not to split the child with a mum?! Why not to try for a discretionary leave?
I'm interested cause i want to try to put my ex-friend's name (who is a British) in my child's Birth Certificate. My lawers assured me he can't pretend cause he doesn't have parental responsibility. But he can apply for order to see her if he wants.
I also was worried cause of his name is in her BC.
What do you think then, I'm also overseas and is it safe to put him in the BC?

is this man the child's father?

[Casa]

Elya, if you have a lawyer then you need to follow their professional advice.
I made my comment earlier, not because I'm unsympathetic, but because we don't have the whole background to the family problems and it would be intrusive to ask the member on an Immigration forum why the child is being taken into care. This is why she was given the links to family law specialists who would be able to help and advise her.