Domestic violance - Indefinite leave to remain

[Leyla00977]

Hello all,

I arrived in England in 2006 with a 2-year au pair visa. We reached out to a lawyer for marriage procedures a month before my visa expired. It took about three months for me to provide biometric, have an interview to verify our intent to marry, and receive a wedding date. We got married in 2008, but my au pair visa was expired for two months. The home office told me that my visa had expired on the date we got married and that I should go back to my home country and apply from there.
My husband prevented me from going back to my home country and began to threaten me through my family. He prevented me from seeing my friends. He psychologically abuses, insults, and swears at me. I lack a family, friends or anyone around me who i can converse with.
Will I be deported if I report my husband to the police and can I apply for domestic abuse ILR? What are my options?
Any help, suggestions, answers will be much appreciated

[Ticktack]

Hello all,

I arrived in England in 2006 with a 2-year au pair visa. We reached out to a lawyer for marriage procedures a month before my visa expired. It took about three months for me to provide biometric, have an interview to verify our intent to marry, and receive a wedding date. We got married in 2008, but my au pair visa was expired for two months. The home office told me that my visa had expired on the date we got married and that I should go back to my home country and apply from there.
My husband prevented me from going back to my home country and began to threaten me through my family. He prevented me from seeing my friends. He psychologically abuses, insults, and swears at me. I lack a family, friends or anyone around me who i can converse with.
Will I be deported if I report my husband to the police and can I apply for domestic abuse ILR? What are my options?
Any help, suggestions, answers will be much appreciated

What have you been doing for 17 years??

[zimba]

So you have been an overstayer for 17 years and are now trying to apply for ILR on the basis of 17 years of abuse ?? You were not even granted a proper visa to look at such a possibility under the rules. That makes very little sense, I am afraid.

[Leyla00977]

So you have been an overstayer for 17 years and are now trying to apply for ILR on the basis of 17 years of abuse ?? You were not even granted a proper visa to look at such a possibility under the rules. That makes very little sense, I am afraid.

Thank you so much for your reply. You're right, I asked the the question incorrectly. Do I have the right to apply for DDVC or any other temporary leave to remain on visa?

[Leyla00977]

Is there a legal right for someone in my situation ?

[razergd1]

You need professional advice. There is no legal right for anything.
After 20 years in the UK you may be eligible for private life visa, this can allow you to work but it's 10 years route to ILR where during the 10 years you need to pay IHS and all the fees each renewal and there is no default access to public funds.

[zimba]

Is there a legal right for someone in my situation ?

Private life after 20 years and then another 10 years before getting ILR, as advised above.

See: https://assets.publishing.service.gov.u ... e+life.pdf

[secret.simon]

Have you spoken to domestic violence charities? Have you lodged police complainst against your husband? Is there a paper trail proving the domestic violence?

[razergd1]

Have you spoken to domestic violence charities? Have you lodged police complainst against your husband? Is there a paper trail proving the domestic violence?

If the person is an overstayer or not on a family route visa then DV ILR looks like a non-starter.

[Leyla00977]

Thank you so much for your replies

[Leyla00977]

Before I got married, my spouse told me that he was fighting with his mother and siblings over the inheritance and that he did not talk to them. He also said that his ex-wife cheat on him and turned his children against him, so he doesn't talk to them.
A few years later after we were married, a couple of police officers came to our house and collected a saliva sample from my spouse's mouth due to rape in our neighbourhood. That day, I learned that my spouse had a rape record, which is why his family didn't talk to him. He told me without shame that girl he raped deserved it when I was asked him if this was right. That day when I lost control and I told him how disgusting he was, he almost strangled me. After that day, I experienced severe depression and tried to commit suicide. My suicide attempt failed and I suffered from the pills I took for two days. Due to fear of my spouse and possible deportation, I was unable to go to the hospital or police.
A few years ago again, one of our neighbours saw my face covered in bruises and report it to police. The police came to our house, but due to fear of my spouse deportation, I denied everything.
Even if I die by accident today, my absence will not be noticed because there's no one to search for me. Whenever my spouse insults me, the only thing I can do is lock myself in other room because I'm afraid he will lose his temper and hurt me.
I talked to several lawyers over the phone about my situation, but they informed me that I had no legal rights. Only one lawyer said maybe I could be protected, but there was a possibility of deportation. If I am deported, my spouse will be able to easily locate me in the country I live in and kill me.
If someone with legal knowledge could tell me if someone like me would be protected in UK or deported, I would be grateful.

[razergd1]

Before I got married, my spouse told me that he was fighting with his mother and siblings over the inheritance and that he did not talk to them. He also said that his ex-wife cheat on him and turned his children against him, so he doesn't talk to them.
A few years later after we were married, a couple of police officers came to our house and collected a saliva sample from my spouse's mouth due to rape in our neighbourhood. That day, I learned that my spouse had a rape record, which is why his family didn't talk to him. He told me without shame that girl he raped deserved it when I was asked him if this was right. That day when I lost control and I told him how disgusting he was, he almost strangled me. After that day, I experienced severe depression and tried to commit suicide. My suicide attempt failed and I suffered from the pills I took for two days. Due to fear of my spouse and possible deportation, I was unable to go to the hospital or police.
A few years ago again, one of our neighbours saw my face covered in bruises and report it to police. The police came to our house, but due to fear of my spouse deportation, I denied everything.
Even if I die by accident today, my absence will not be noticed because there's no one to search for me. Whenever my spouse insults me, the only thing I can do is lock myself in other room because I'm afraid he will lose his temper and hurt me.
I talked to several lawyers over the phone about my situation, but they informed me that I had no legal rights. Only one lawyer said maybe I could be protected, but there was a possibility of deportation. If I am deported, my spouse will be able to easily locate me in the country I live in and kill me.
If someone with legal knowledge could tell me if someone like me would be protected in UK or deported, I would be grateful.

As sympathetic we can be in this forum. I don't know about any obvious route for an overstayer to gain status other then the 20 years private life which if you can in 2006 and stayed in the UK since you may be able to get it in 2026.
I suggest you contact a legal advisor or a charity that deals with asylum seekers and check with them.

[zimba]

Before I got married, my spouse told me that he was fighting with his mother and siblings over the inheritance and that he did not talk to them. He also said that his ex-wife cheat on him and turned his children against him, so he doesn't talk to them.
A few years later after we were married, a couple of police officers came to our house and collected a saliva sample from my spouse's mouth due to rape in our neighbourhood. That day, I learned that my spouse had a rape record, which is why his family didn't talk to him. He told me without shame that girl he raped deserved it when I was asked him if this was right. That day when I lost control and I told him how disgusting he was, he almost strangled me. After that day, I experienced severe depression and tried to commit suicide. My suicide attempt failed and I suffered from the pills I took for two days. Due to fear of my spouse and possible deportation, I was unable to go to the hospital or police.
A few years ago again, one of our neighbours saw my face covered in bruises and report it to police. The police came to our house, but due to fear of my spouse deportation, I denied everything.
Even if I die by accident today, my absence will not be noticed because there's no one to search for me. Whenever my spouse insults me, the only thing I can do is lock myself in other room because I'm afraid he will lose his temper and hurt me.
I talked to several lawyers over the phone about my situation, but they informed me that I had no legal rights. Only one lawyer said maybe I could be protected, but there was a possibility of deportation. If I am deported, my spouse will be able to easily locate me in the country I live in and kill me.
If someone with legal knowledge could tell me if someone like me would be protected in UK or deported, I would be grateful.

I highly suggest seeking serious advice on this matter. Living in an abusive relationship with a convicted criminal and fearing deportation for years is not a small matter. I suggest contacting places like https://www.womensaid.org.uk/

A strong case be made with the help of domestic abuse charities to get secure some form of leave later on

[Srusti]

Before I got married, my spouse told me that he was fighting with his mother and siblings over the inheritance and that he did not talk to them. He also said that his ex-wife cheat on him and turned his children against him, so he doesn't talk to them.
A few years later after we were married, a couple of police officers came to our house and collected a saliva sample from my spouse's mouth due to rape in our neighbourhood. That day, I learned that my spouse had a rape record, which is why his family didn't talk to him. He told me without shame that girl he raped deserved it when I was asked him if this was right. That day when I lost control and I told him how disgusting he was, he almost strangled me. After that day, I experienced severe depression and tried to commit suicide. My suicide attempt failed and I suffered from the pills I took for two days. Due to fear of my spouse and possible deportation, I was unable to go to the hospital or police.
A few years ago again, one of our neighbours saw my face covered in bruises and report it to police. The police came to our house, but due to fear of my spouse deportation, I denied everything.
Even if I die by accident today, my absence will not be noticed because there's no one to search for me. Whenever my spouse insults me, the only thing I can do is lock myself in other room because I'm afraid he will lose his temper and hurt me.
I talked to several lawyers over the phone about my situation, but they informed me that I had no legal rights. Only one lawyer said maybe I could be protected, but there was a possibility of deportation. If I am deported, my spouse will be able to easily locate me in the country I live in and kill me.
If someone with legal knowledge could tell me if someone like me would be protected in UK or deported, I would be grateful.

Don't know how much helpful it will be as I don't know fully about their service or anyone who has taken their service, but thought to share this link.
https://www.rightsofwomen.org.uk/get-ad ... sylum-law/
Hope it helps in getting the right advice. Take care!

[Casa]

You may also find the support you need by contacting the charity Southall Black Sisters who help minorities women suffering from domestic abuse.

https://southallblacksisters.org.uk/

[contorted_svy]

Depending on where you are, you may found some of these websites helpful. Good luck.

https://www.asylum-welcome.org/services ... e-support/
https://www.sdafmh.org.uk/en/informatio ... nd-asylum/
https://www.nationaldahelpline.org.uk/h ... pport-you/
https://righttoremain.org.uk/toolkit/mi ... tic-abuse/

[Leyla00977]

Thank you all, good-hearted people, for taking the time to respond.