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Seignora
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Joined: Tue Jan 25, 2011 8:47 pm
Location: London

Serious urgent help needed

Post by Seignora » Tue Jan 25, 2011 9:40 pm

I am a 24 year old from Benin, and a lesbian. I entered the UK in August 2008 after receiving an initial 2 year probationary spouse visa. Unfortunately my same sex civil partnership broke down in December 2008 due to the domestic violence I received from my partner. I did not notify the home office about this or the changes in my circumstances and became an over stayer when my ex partner notified the Home Office about the breakdown of the partnership without informing me that she had done so. This action by my partner resulted in my leave being curtailed without my knowledge
Unaware of the curtailment I recently applied for ILR under the domestic violence rule, as my 2 year leave was nearly at an end. The home office has just refused this application due to insufficient documentary evidence, and they have also told me that I have no right of appeal because at the time of my application, my 2 year probationary leave had already been curtailed in February 2010 when my ex partner contacted them to state that we were no longer together. As the Home Office did not attempt to contact me even though they had my mobile number and my email address, I did not receive the curtailment of leave letter or the Notice of Appeal to which I was entitled. Instead the Home Office sent the letter and appeal form "To File".
After the break down of my civil partnership, I returned to Benin, but had to return to the UK after a short while as due to my now known sexuality, I became a victim of abuse and violence, and because of the total lack of any police protection in Benin for anyone in my situation, I genuinely believed my life to be in danger.
Since my return to the UK, I have entered a new relationship,and I am desperate not to be returned to Benin.
I would be extremely grateful if anyone can help me find any evidence( which is almost an impossibility on my part) that demonstrates what has happened to lesbians or gay people in Benin,and how they have to live.
I would also appreciate any advice regarding my general overstay situation and the best way to try to legitimize my residence in the UK.

Thanks in advance.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Wed Jan 26, 2011 10:52 am

Home office doesnt cotnact directly through email / phone no. They would have written to your registered address. It is your failure that you havent notified them of change of address or reported violence to police.

See a solicitor.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jan 26, 2011 10:17 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Thu Jan 27, 2011 6:17 am

Vinny's link is most appropriate, and there shouldn't be any dispute about your sexuality because you had already established that with your civil partnership. However, as already posted, UKBA appears to have acted correctly in dealing with your case, and in fact if you left the UK after the breakdown of your relationship and then re-entered on the same visa, you could be accused of entry by deception - but that's unlikely to happen.

However, to support your case to remain in the UK on humanitarian/asylum grounds, you could start by reference to the UK's own advice on the Foreign Office website:-

http://www.fco.gov.uk/en/travel-and-liv ... rica/benin

Scroll down to 'Local Laws and Customs' and see the following:-
"Homosexuality is not accepted in Benin and sexual relations between members of the same sex are illegal."

Go and see a properly-qualified Immigration Advisor or solicitor to help you put your case together.

Seignora
Newly Registered
Posts: 3
Joined: Tue Jan 25, 2011 8:47 pm
Location: London

Post by Seignora » Fri Jan 28, 2011 12:38 am

Vinny, very helpful link and it has been added to my list of evidence to back me up. Much appreciated. Thank you thank you thank you!!!! :D .

Seignora
Newly Registered
Posts: 3
Joined: Tue Jan 25, 2011 8:47 pm
Location: London

Post by Seignora » Fri Jan 28, 2011 12:57 am

Mr Rusty, another piece of information that i will definitely be adding to what Vinny gave me. Many thanks.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Jan 29, 2011 12:57 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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