PLEASE PLEASE HELP -Settlement Visa due to Domestic violence

justiceforme · Post by **justiceforme** » Wed Feb 06, 2013 3:55 pm

Hi,
I entered UK with Work permit and then got my Tier 1 general visa valid until Jan 2013, during that period I got married on april 2010 and registerd in India to a person who is in UK under tier 1 extention. After few months of marriage my husband pestered me for more dowry and he is a womeniser and a chain smoker and drinks everyday home brings many ladies home and beats me when i question him. He has cheated me around £8000 ad forced me to quit my job.Meanwhile my son was born on may 2011 at London. After my son was born my husbands torture began to be more and he forcedly made me and my son to leave uk on aug 2011 without a visa for my son (with only passport). Its been 1.5 yrs am at India and my husband at uk still cheated me that he wud bring me and my son back to uk. He got his Permanent residentship recently in may 2011 and his behaviours has become more worse. He threatens me in the call and has never given a single penny to me and my son. He has preplanned to cheat me and spolied my visa. I did bear all the physical and mental abuse that i still can change him and live with him since i have a child. Now I don have anymore patience and strength. I have given a police compliant in India and UK recently (Criminal offence). Cases are ongoing. I made too many mistakes that i should have complainted the police immediately when he harrased me.

Please help me in this matter, if i can apply for settlement visa under domestic violence after a long break. Now that I cant apply for my tier 1 extension as i was out of country for a longwhile and i cant show my earnings. Also am unable to bring my son to UK as he doesnt have a visa with him.

Kindly advice.

Thanks in advance

Post by **MPH80** » Wed Feb 06, 2013 8:53 pm

While I have a lot of sympathy for what you've gone through - the DV rules are caveated such that I don't think they are going to help you.

http://www.ukba.homeoffice.gov.uk/visas ... cviolence/

http://www.ukba.homeoffice.gov.uk/polic ... tim-of-dm/

Firstly - you should have been with someone who was settled here - your husband isn't - he's on tier 1.

Second - You need to be in the UK.

These elements, combined with the fact your child doesn't currently have a visa - meaning you won't 'simply' be able to return to the UK, would suggest to me you are better off cutting ties with your husband and making a life where you are.

But this area can get complicated and you need the assistance of a good professional.

M.

Post by **Greenie** » Wed Feb 06, 2013 10:33 pm

I agree you can't apply under the DV rule. However if your son was born in the UK and your husband now has ILR, you could register your son as a British citizen and then apply for a visa as the parent of a child in the UK or for a Derivative Residence card. Suggest you seek advice from a competent immigration solicitor on this complex matter.

justiceforme · Post by **justiceforme** » Thu Feb 07, 2013 7:51 am

Many thanks for your responses..Am currently in UK seeking help from a social organization .. Would that help me?? Also my husband has ILR now and not tier 1.. Please reply me..

Post by **Greenie** » Thu Feb 07, 2013 8:48 am

What is your current immigration status?

justiceforme · Post by **justiceforme** » Thu Feb 07, 2013 9:06 am

Currently am on business visa..

Post by **Greenie** » Thu Feb 07, 2013 9:07 am

My advice above applies. You don't qualify under the domestic violence rule.

Post by **Obie** » Sat Feb 09, 2013 6:02 pm

justiceforme wrote:Currently am on business visa..

Why cant you return to UK, if you currently have a visa.

I agree, the DV case is a bit complex, as you are not in a subsisting relationship, and it taken a while since it happened, the matter was not reported to the police.

You could register the child, which is a suggestion that has been made.

This will increase your options, which at present seems limited.

z18runway · Post by **z18runway** » Sun Feb 10, 2013 10:18 pm

@obie

justiceforme wrote:Am currently in UK

justiceforme · Post by **justiceforme** » Sat Feb 16, 2013 4:25 pm

Many thanks for that Obie..am currently in process of registering my child with UK home office..but please can you let me know that what does registering the child means and after registering could you please give me some options how can I proceed with?

thanks in advance...

Post by **Obie** » Sat Feb 16, 2013 11:12 pm

Registration is the process by which, children under 18, who do not have an automatic entitlement to British Citizenship at Birth, become British.

In your case, your child will be entitled to register under Section 1(3) by entitlement, but you will need to show that the father is settled in the UK, and evidence of the Birth place of the child, for such application to succeed.

Once that application has succeeded, you can then apply for an EEA family permit, as the primary carer of the Child.

Use form MN1 , and send application to the address at the buttom of this page.

Post by **Greenie** » Sat Feb 16, 2013 11:23 pm

Obie the op is in the UK and therefore should apply for residence card, not a family permit alternatively she may qualify under the immigration rules as parent of a child in the UK

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

Post by **Obie** » Sat Feb 16, 2013 11:52 pm

Thanks Greenie. I was purely focused on her original post, where she said, she has been in India since August 2011, for 1yr and 5Months.

It was subsequently that the business visa emerged, but i must confess, i completely lost sight.

I agree, she will need to apply for Derivative Residence Card, after the successful Registration.

The success of this will depend on the role, if any, of the father in the lives of the children.

justiceforme · Post by **justiceforme** » Sun Feb 17, 2013 12:30 am

Am greatly thankful to Obie and greenie both for the advice...any idea how long is the processing time for child registration? Am concerned because my current visa is only until April 2013

Post by **vinny** » Fri Apr 05, 2013 7:55 am

justiceforme wrote:Hi,

Am seperated from my husband due to domestic violence and now that I have applied for my son's child registration. My son was born in UK and he is currently in India. Also I do not have my ex-husband's biometric card copy of his ILR.

I have my husband's passport copies and his previous visa's copies with me only.

Is it possible if my son will get his registration done through MN1, if i provide his birth certificate, my husband's passport copy and other documents.

please please help me in this. I miss my son a lot.

justiceforme · Post by **justiceforme** » Thu Apr 11, 2013 8:54 pm

HI all,...good news that my son has been registered as british citizen...

Please let me know, now what is the process to get my son from India and also with my son's birth registration how can i apply to remain in uk?

Kindly help me in this regards...

Thanks in advance!

justiceforme · Post by **justiceforme** » Thu Apr 11, 2013 8:56 pm

HI all,...good news that my son has been registered as british citizen...

Please let me know, now what is the process to get my son from India and also with my son's birth registration how can i apply to remain in uk?

Kindly help me in this regards...

Thanks in advance!

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PLEASE PLEASE HELP -Settlement Visa due to Domestic violence

PLEASE PLEASE HELP -Settlement Visa due to Domestic violence