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Abusive husband, holding wife to ransom with her spouse visa

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viw9419
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Abusive husband, holding wife to ransom with her spouse visa

Post by viw9419 » Wed Apr 15, 2009 3:23 pm

My friend came into the uk on a spouse visa in October 2008,
In that time her husband has kept her a virtual prisoner in the home, she is only allowed out with him or a member of his family.

The doors are always locked and she is followed to the toilet to ensure that she is not texting anyone.

She has managed to get to a police station, where they contacted me, and I have collected her and got her to a safe place.

However she is now worried about her immigration status.

Would anyone be able to advise any steps we can take or what to suggest to her?

inputsOnHSMP
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Joined: Thu Aug 09, 2007 3:30 pm

Post by inputsOnHSMP » Wed Apr 15, 2009 3:53 pm

i think she will be allowed to seek asylum if she faces a threat in her home country if she goes back after ditching her husband. If she faces a threat of honor killing, a judge will look at her case favourably.

viw9419
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Joined: Wed Apr 15, 2009 2:59 pm

Post by viw9419 » Wed Apr 15, 2009 4:04 pm

Thanks for the reply, to clarify, she is fine in her own country Thailand, but her UK husband is causing the problem.

She thinks she will have to return to Thailand immediately upon leaving the home of her husband, or upon him notifying immigration.

Where does she stand?
She would like to stay in the UK if at all possible, what can anyone suggest?

republique
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Re: Abusive husband, holding wife to ransom with her spouse

Post by republique » Wed Apr 15, 2009 4:57 pm

viw9419 wrote:My friend came into the uk on a spouse visa in October 2008,
In that time her husband has kept her a virtual prisoner in the home, she is only allowed out with him or a member of his family.

The doors are always locked and she is followed to the toilet to ensure that she is not texting anyone.

She has managed to get to a police station, where they contacted me, and I have collected her and got her to a safe place.

However she is now worried about her immigration status.

Would anyone be able to advise any steps we can take or what to suggest to her?
so check the application for victims of spouse abuse on the bia website

Wanderer
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Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Wed Apr 15, 2009 5:58 pm

inputsOnHSMP wrote:i think she will be allowed to seek asylum if she faces a threat in her home country if she goes back after ditching her husband. If she faces a threat of honor killing, a judge will look at her case favourably.
You're kidding I hope.
An chéad stad eile Stáisiún Uí Chonghaile....

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Apr 16, 2009 2:00 pm

I know somebody who was on a spouse visa and was repeatedly assaulted by her husband. Her husband was prosecuted. She was very worried about being forced to leave the UK, but her lawyer was in contact with the home office and eventually she was granted ILR.

Best to check with a good immigration lawyer and on the UKBA web site.

jei2
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Location: London

Post by jei2 » Sun Apr 19, 2009 9:42 pm

If the marriage has broken up as a result of domestic violence (either from her husband or from another of his family members), she will need to provide evidence.

A police or GP report, an official letter from the safe house, evidence of counselling or other related statutory support should suffice. She only needs to provide a couple of items from this list.

Once she has this she can apply for settlement on form SET(DV). She doesn't have to take the KOL test or pay the fee. (well not yet anyway)..
Oh, the drama...!

Greenie
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Post by Greenie » Sat Apr 25, 2009 12:10 pm

jei2 is correct - she needs to apply for SET(DV) as long as she is on a two year spouse visa, can show that she was living with her husband prior the breakdown of the marriage (i.e. letters addressed to her/them at the address etc) and that the marriage broke down due to domestic violence. She does not need to show that there was actual physical violence. Police reports, social service reports, letters from refuge, letter from Dr etc can all assist in proving this.

With regard to paying the fee - the usual settlement fee does apply unless she can prove she is destitute and this can be difficult - but jei2 is right that currently she would not need to meet KOL requirements.

Wanderer - whilst OP has confirmed that there is not risk to the woman in her own country in this case, there will be many circumstances when women who leave their husbands are at risk on return to their own country - in which case it may be appropriate for the woman to claim asylum, particularly if she is not here on a two year spouse visa and therefore does not meet SET(DV) requirements.

jei2
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Location: London

Post by jei2 » Sun Apr 26, 2009 10:22 am

You're quite right about the DV fee, greenie (a misnomer if there ever was one! :wink: ).

My view is if the exemption is there - go for it. (It's not failed yet.) But I suspect the Corporate Bank of UKBA will be coming down on that policy harder now it's got all these customer charters and service plans to deliver :( .
Oh, the drama...!

arshadh141
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Apply ILR on domestic violance.A very strong case

Post by arshadh141 » Thu May 14, 2009 10:49 am

jei2 wrote:You're quite right about the DV fee, greenie (a misnomer if there ever was one! :wink: ).

My view is if the exemption is there - go for it. (It's not failed yet.) But I suspect the Corporate Bank of UKBA will be coming down on that policy harder now it's got all these customer charters and service plans to deliver :( .
Hi

I am surprised to read few response to this post.

Aapply for asylum..what a nonsense.


This is a very simple case for ILR on domestic violence.As she has already police report and if she can get more documents like GP report,few witness statements she has a very strong case.


Please do not advise people wrong directions.

Sincere

jei2
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Location: London

Re: Apply ILR on domestic violance.A very strong case

Post by jei2 » Thu May 14, 2009 1:09 pm

arshadh141 wrote:
jei2 wrote:You're quite right about the DV fee, greenie (a misnomer if there ever was one! :wink: ).

My view is if the exemption is there - go for it. (It's not failed yet.) But I suspect the Corporate Bank of UKBA will be coming down on that policy harder now it's got all these customer charters and service plans to deliver :( .
Hi

I am surprised to read few response to this post.

Aapply for asylum..what a nonsense.


This is a very simple case for ILR on domestic violence.As she has already police report and if she can get more documents like GP report,few witness statements she has a very strong case.


Please do not advise people wrong directions.
Sincere

I'm going to assume that you're not referring to my post....:?..?
Oh, the drama...!

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