I appplied for ILR as the spouse of British citizen on 21/5/09 which was refused, on 15/12/09. Admittedly the marriage had been on the rocks for sometime before the application. There were issues of pyshocological abuse and name calling among other things. I however tried to make it work. He refused to go the PEO with me but instead went drinking with his friends. When called on the he was quite rude to the officer and declined to answer the questions he was asked. My application was therefore passed to caseworker for consideration. We received a letter from the home office for a marriage interview. we had discussed this and he said he was sorry about what he had done and that he would go with me. On the eve of the appointment we had a massive row over his drinking and him seeing his ex and he said he’s not going with me.I went to the appointment on the 10/12/09 and tried to explain that he didn’t come with me cos we had had a row and he is trying to punish for it. My ILR application was therefore refused based on Paragraph 289 with reference to 287(ii)(iii) and 322(10) of HC 395 as amended.
with a right of appeal. On a good day,m I went with him to see a lawyer to lodge the appeal and he was made to understand he has to support me all the way in order to win the appeal. He changed once he started using the drugs and abusing alcohol. He said I thought I was better than he was as I had gone to uni to do a social work course. He made threats that he could have me deported and that he owns me and called me all sorts of names. In december ending, I came back from work to find that he had packed his stuff and taken a credit card I had left on the dresser as I don’t want to use for the meantime. I tried calling him but phone was off, I cancelled the card. I talked to the lawyer and he adviced that as he will not be supporting with the appeal, there is very little chance of winning anfd that I could put in a DV application and withdraw the appeal. I therefore made a DV application on 14/02/10 before the appeal hearing date (16/02/2010). I included statements from his mother, an organisation which supported me when I started having problems in my marriage and a referra letter from mental health counselling team.
The DV application was refused on 25/02/2010 on 289c with reference to paragraph 289A(iii) of HC 395 (as amended) and my passport forwarded to the regional caseownership unit to leave the country within 10 days. Further representation was made on 4/03/2010 but this was also refused on 04/10/2010. Fortunately or unfortunately, we didn’t have any children.
I am am a West African national and have been here for more than 5 years. Clearly believe I have been a victim of abuse but could not give the police reports and and GP reports that are required by the home office. Domestic violence comes in many forms. I have finished my social work course and just waiting for my GSCC registration as a qualified social worker. I have had a children and families social work job offer from a local council but the offer has been withdrawn because my immigration status is in limbo. Still making jobs applications and got interviews lined up but don’t know what to do in my situation. I have done lots of voluntary work and actively involved in my church and the university alumni. I have worked in the caring field for 5 years. I have basically established myself in the 5 years I have been here. I have never claimed benefit, no criminal record and have always paid taxes. Is there a way I can get my status legalised? I have read a lot of discretionary leave and Tier 2 but don’t know if either applies to me.
Applying from outside is not an option as the strict overstay rule will apply.
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