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Guidance on legalizing my stay

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Afrowoman2020
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DV Settlement

Post by Afrowoman2020 » Wed Jul 08, 2020 9:36 am

Dear Experts,

My marriage broke down January 2019 because me and my husband were having arguments in our marriage and he kicked me out middle of the night in the cold and he notified HO that the marriage was no longer subsisting and my spouse visa was curtailed to mid February.

I was advised to apply for settlement via DV route but i wanted to work out things with my husband and i did not believe he would notify HO that the marriage had broken down and i thought he was bluffing until i realized he was serious in August 2019. I went ton to apply leave outside rules DV Destitute and was granted three months mid August to Mid November to apply for DV settlement but i had no support letters which i had previously and i could not make the application because i still wanted to work out with my husband.

This February 2020 I received a letter from ICE notice for removal and then two weeks letter i received letter to of immigration bail to sign at police every 6 months. at this time i had managed to reconcile with my husband to see if we can be together but last week beginning of July he told me he couldn't see the marriage working and he asked me to leave.

Is it too late to apply for DV settlement now? What are the options i have please?

Regards

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zimba
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Re: DV Settlement

Post by zimba » Wed Jul 08, 2020 1:42 pm

You cannot simply apply under SET(DV) because your relationship has ended. You need extensive evidence to prove domestic violence by your partner and you need to show why you cannot return home.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Afrowoman2020
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Re: DV Settlement

Post by Afrowoman2020 » Wed Jul 08, 2020 1:47 pm

Zimba wrote:
Wed Jul 08, 2020 1:42 pm
You cannot simply apply under SET(DV) because your relationship has ended. You need extensive evidence to prove domestic violence by your partner and you need to show why you cannot return home.
Hi Zimba,

I have 5 testimonials from friends that he used to kick me out of the house twice and he he left me alone home sometimes. I also had a letter from refugee centre that i stayed there when he kicked me out. I also have a police report to confirm they escorted me to collect my stuff and he was there when i got there with the police to collect my stuff. He has never assaulted me or financially abuse me but he emotionally.

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zimba
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Re: DV Settlement

Post by zimba » Wed Jul 08, 2020 1:49 pm

I am afraid your case is weak, in my opinion. The question is why you cannot return home ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Afrowoman2020
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Re: DV Settlement

Post by Afrowoman2020 » Wed Jul 08, 2020 2:00 pm

Zimba wrote:
Wed Jul 08, 2020 1:49 pm
I am afraid your case is weak in my opinion. The question is why you cannot return home ??
I still want to work out this with him hence i did not go with the DV route earlier even after being granted 3 months limited leave to apply
Last edited by Afrowoman2020 on Wed Jul 08, 2020 2:01 pm, edited 1 time in total.

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zimba
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Re: DV Settlement

Post by zimba » Wed Jul 08, 2020 2:01 pm

Zimba wrote:
Wed Jul 08, 2020 1:49 pm
I am afraid your case is weak in my opinion. The question is why you cannot return home ??
Things did not work out as you say. So my question still stands. What stops you from returning home now ? I am asking this because UKVI will not willy nilly grant you settlement in the UK because your relationship has ended. You need to present a strong case
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Afrowoman2020
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Re: DV Settlement

Post by Afrowoman2020 » Wed Jul 08, 2020 2:03 pm

Zimba wrote:
Wed Jul 08, 2020 2:01 pm
Zimba wrote:
Wed Jul 08, 2020 1:49 pm
I am afraid your case is weak in my opinion. The question is why you cannot return home ??
Things did not work out as you say. So my question still stands.
but he emotionally abused me when he kicked me out midnight in winter twice. that allows me to apply for DDV. i will seek legal advice sir.

Afrowoman2020
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Guidance on legalizing my stay

Post by Afrowoman2020 » Thu Aug 06, 2020 11:25 am

Dear Experts,

Could you please advise the best route for me to gain leave to remain? at the moment i am classified a s an overstayed and my detailed situation is as follows:

[Married in February 17 and cot spouse visa May 17 and joined my spouse June 17.

Dec 18 marriage broke down and my spouse informed HO and visa was curtailed to March 19.

Went for DV route and applied for Destitute limited leave and was granted Aug 19 to Nov 19, Unfortunately i had no sufficient evidence to apply so i did not.

February 20 i received notice of removal from ICE followed by immigration bail letter to sight twice a year Feb and August.

I am now seeing someone who is settle in the country and i would like to know the best route to apply.

Thank you in advance.

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Re: Guidance on legalizing my stay

Post by CR001 » Thu Aug 06, 2020 11:39 am

Afrowoman2020 wrote:
Thu Aug 06, 2020 11:25 am
February 20 i received notice of removal from ICE followed by immigration bail letter to sight twice a year Feb and August.

I am now seeing someone who is settle in the country and i would like to know the best route to apply.
Unlikely there is any route you can apply for based on the short time you have been in the UK and 'seeing someone who is settled'. How long have you been 'seeing' your partner??

Are you divorced yet from your previous spouse??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Afrowoman2020
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Re: Guidance on legalizing my stay

Post by Afrowoman2020 » Thu Aug 06, 2020 11:53 am

CR001 wrote:
Thu Aug 06, 2020 11:39 am
Afrowoman2020 wrote:
Thu Aug 06, 2020 11:25 am
February 20 i received notice of removal from ICE followed by immigration bail letter to sight twice a year Feb and August.

I am now seeing someone who is settle in the country and i would like to know the best route to apply.
Unlikely there is any route you can apply for based on the short time you have been in the UK and 'seeing someone who is settled'. How long have you been 'seeing' your partner??

Are you divorced yet from your previous spouse??

Sorry i did not add that information. see below:

- My ex husband petitioned for divorce March 19 and i received court papers September 19. I was advised not to sign or respond because divorcing would take away my rights, so i did not respond to court.

-I have been seeing my new partner since October 19.

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Re: Guidance on legalizing my stay

Post by CR001 » Thu Aug 06, 2020 12:37 pm

- My ex husband petitioned for divorce March 19 and i received court papers September 19. I was advised not to sign or respond because divorcing would take away my rights, so i did not respond to court.
What rights would that be that you would lose if you signed the papers?
-I have been seeing my new partner since October 19.
Likely no visa then that you could apply for. Do you live together?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Afrowoman2020
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Zambia

Re: Guidance on legalizing my stay

Post by Afrowoman2020 » Thu Aug 06, 2020 1:10 pm

CR001 wrote:
Thu Aug 06, 2020 12:37 pm
- My ex husband petitioned for divorce March 19 and i received court papers September 19. I was advised not to sign or respond because divorcing would take away my rights, so i did not respond to court.
What rights would that be that you would lose if you signed the papers?
-I have been seeing my new partner since October 19.
Likely no visa then that you could apply for. Do you live together?
What rights would that be that you would lose if you signed the papers?
I guess that time when i thought he was half baked and if had eventually worked things again having signed the divorce would mean i would be eligible to apply as spouse.

Likely no visa then that you could apply for. Do you live together?
Yes we do but having no legal status i don't have any bills in my name.

Afrowoman2020
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Re: Guidance on legalizing my stay

Post by Afrowoman2020 » Mon Aug 10, 2020 5:04 pm

To All,

I found one solicitor who has given me good advice. This may benefit someone else who has overstayed.

There is a way to legalize your stay through applying for nursing. the solicitor that advised me said she has done it for many people. if you have overstayed and have the minimum entry requirements to study nursing you can get references from any hospitals or care homes that you have worked for to support your passion for caring for people and your desire to become nurse. Add all the support to show that you meet the entry requirements. And show you made a application to study nursing at one of the universities.

She did all the paperwork and submitted it and she is very confident it will come through


Regards

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