Many thanks in advance for time and effort for answering my query.
I entered the uk on a student visa in march 2011, my student visa expired in October 2011, I got married to my partner whom i'm still very much married to in May 2014.
We were about to apply for my spousal visa as his british in July 2014 but he didn't meet the threshold back in 2014 because he wasn't working, i was on a student visa with 20 hours work permit. I stopped working and moved in with my at the time my visa ended which is 2014 october.
Now his family has been nothing but wicked to me, they said if myself and my partner don't having kids before 2015 ending there be no (Spousal visa application), I have been through all kinds of domestic abuse in my partners hands and his family. the reason why they were very much in our lives is before I was out of a job in 2014 and he didn't have a job as well, he was also a Hepatitis B carrier till this very day. I break into tears every time i have to relive what i went through in their hand until i fled from his city to other city for avoiding being raped constantly , for not getting fed or even to leave the house. I fled for my life
. Since i arrived in this city i have been going through therapy, i've been speaking to Rights for Women and all other organisation that could help.
one of this organisation found me a Legal Aid Solicitor that took my case on and helped me apply for ILR based on a married partner Destitution Domestic Violence Concession (DDVC), I applied by telling them my story from start to the very last day that i fled for my life to another city in july, now the Home Office refused my application on the based that since i fled my relation as ended and they are giving me 14 days to submit an Administrative Review. Below is what they said in their own words.
On behalf of the Secretary of State
Your application for indefinite leave to remain has been refused.
You applied for indefinite leave to remain on 15 July 2021. We have considered your application for indefinite leave to remain and have refused it. You can apply for an administrative review of this decision.
What this means for you
You can apply for an administrative review. Instructions on how to apply can be found under the ‘next steps’ section of this letter.
If you do not apply for an administrative review and do not have any other legal basis to remain in the United Kingdom, you may have to leave the country.
Further information
The information below sets out the reasons why the application failed and informs you of the legal consequences.
The reasons for this decision are set out below.
15 July 2021 applied for settlement as a Victim of Domestic Violence.
DECISION SUMMARY
The application for indefinite leave to remain as a Victim of Domestic Violence has been refused under Paragraph D-DVILR.1.3 of Appendix FM of the Immigration Rules.
REASONS FOR DECISION
You have stated that on 6 February 2021 your relationship with -- -- ended.
We have considered your application on behalf of the Secretary of State and your application has been refused. In making the decision to refuse your application, careful consideration has been given to the following:
Appendix FM of the Immigration Rules sets out the criteria that the government would expect a person to fulfil, in order to establish a right to remain in the United Kingdom as a victim of domestic violence.
The requirements to be met for indefinite leave to remain as a victim of domestic violence under Paragraph DVILR.1.1 are that:
(d) the applicant must meet all of the requirements of Section E-DVILR.
E-DVILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a victim of domestic violence all of the requirements of paragraphs E-DVILR.1.2. and 1.3. must be met.
E-DVILR.1.2. The applicant’s first grant of limited leave under this Appendix must have been as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix or as a partner of a refugee granted under Paragraph 352A, and any subsequent grant of limited leave must have been:
(a) granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., D-LTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(b) granted to enable access to public funds pending an application under DVILR and the preceding grant of leave was granted as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person with refugee leave under paragraph D-ECP.1.1., DLTRP.1.1. or D-LTRP.1.2. of this Appendix; or
(c) granted under paragraph D-DVILR.1.2.
E-DVILR.1.3. The applicant must provide evidence that during the last period of limited leave as a partner of a British Citizen, a person present and settled in the UK, a person with refugee leave, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), under paragraph D-ECP.1.1., DLTRP.1.1 or D-LTRP.1.2 of this Appendix, or during their only period of leave under paragraph 352A, the applicant’s relationship with their partner broke down permanently as a result of domestic abuse.
It is acknowledged that you have never held acceptable leave in accordance with DVILR, as outlined above. Therefore, with regard to E-DVILR.1.2., your first grant of limited leave under this Appendix was not as a Partner of a British Citizen/person settled in the United Kingdom and was not to enable access to public funds pending an application under DVILR.
Therefore, you are unable to meet the requirements of Paragraph DVILR.1.1 with regard to Paragraph E-DVILR.1.2. (a) to (c). As you have failed to satisfy the requirements of Paragraphs E-DVILR.1.2, a decision has been taken to refuse your application for indefinite leave to remain as the victim of domestic violence under Paragraph D-DVILR.1.3 of Appendix FM of the Immigration Rules. Your application for indefinite leave to remain in the United Kingdom has been refused and is hereby recorded as having been determined on 14 September 2021.
ANNEX B – ENFORCEMENT WARNING
Next steps
You have 14 calendar days from the date on which you received this decision to apply for an administrative review.
You may only apply for an administrative review if you think there has been a case working error.
I didn't know the gravity of the application the solicitor put in on my behalf. i know the decision they made is incorrect.. i do not have a criminal record, i'm still very much married, my partner hasn't stopped calling me since i fled in February 2021, I haven't worked nor earn money since October 2014.
Now that they've asked me to go back to my country and provided this (Contact the Voluntary Returns Service
Telephone: 0300 004 0202 (Monday to Friday between 9.00am and 5.00pm)
Do i leave the country as a married woman or ask my partner for a divorce cause i think they are thinking in their right senses at all. I have been in the country with no criminal record or loans for 10 years plus 31 march 2011 till date, I've been married since 7th May 2014 till date but all i did was fled for my life
I need all the help i can get. I feel suicidal with everything i have been through since i met this man. Please me so i can submit this Administrative review before the 14 days elapses.
