Domestic Violence Victim DDV Concession

[Africanmom]

HI, am new on here and just about had enough of what's happening to me. I am a Malawian Citizen and met and married my British Citizen husband in 2012.I came to join him on a visit visa, I didn't know at the time you can't apply for a Spouse Visa while as visitor. I applied for a Spouse Visa while still in the UK and got refused based on the grounds that I can't reply for it within the UK.Which is fair enough. They gave me the right to appeal which I did, during my this time I was pregnant and went to the Tribunal when my baby was 14 months old. I won and was granted a Visa based on my Right To Private Life as Spouse of a British Partner and Parent of a British Child 10 year route. This was December 2014.My Marriage to my British Spouse has been hell, he abuses me and does it in front of our now 4 year old daughter. Police have been called at out location a couple of times and Social Services involved but nobody will believe me. He isolated me and ruined every single chance I had to improve myself. He adopted my 12 year old son back in Africa which we have tried on and off to get him over but failed twice. At first we agreed that the relationship is over and will divorce. We agreed that it would be best for me to stay here for our daughter as he doesn't want her to live in Africa and I refuse to leave her alone with him. He promised to sponsor for my visa extension but kept stalling and stalling until I run out of time on purpose. But before the visa expired he became increasingly abusive and hid my passport. Police took him and let him out without a charge.I have no job and was reliant on him financially as I was waiting for my visa extension to get a job. I applied for a DDV Concession but got denied based on the grounds that I was not on a Spouse Visa and no right to appeal left me and me and our daughter to go to Africa for I don't know how long.Second time he has done this.e he left us 6 weeks and I had to sell some of our clothes to survive. He left us £100 and I don't have my passport. Home Office says am an overstayer.My visa expired on the 19th of June. My immigration advisor said I could apply alone as a parent of a British Child, but does this mean if the give me a visa on the 10 year route I have to start all over? Never mind me being here 5 years or completing my first 30 months in the last visa route? Is that fair? I did not intend for things to happen this way? I was under the impression that my previous visa mirrors a Spouse Visa. So really the domestic Violence carries no weight to Home Office? He has been abusive and abandoned me and my daughter and this is how I get treated? Please help because right now I am really confused and feel let down.

[Obie]

You should have switched to the partner route once you were granted leave, and you would have succeeded today. However you can still qualify under parent route.

[Africanmom]

Thanks for the reply. I could not apply as a partner because he hid my passport and refused to sponsor and extend further leave for my 10 year partner/child route. He wanted it to expire rendering me as an over stayer. Well it worked. He has been very abusive and controlling towards me in front of our daughter, police have been involved and i had to go for therapy too because it's so stressful, he calls police on me whenever I bring up the topic of divorce .I can not find a shelter as none will take me in because I overstayed and very few take in No Recourse to public funding people. I was left with no choice but live with him and endure the ill-treatment, he even hid my bank card which he only puts in £100 a month as my daughter's child benefit money,he won't even allow me to take our daughter back home with me. He goes on 6 weeks long holidays abroad 3 times a year leaving us without enough food or money am forced to go to food banks sometimes. The good thing is I have found some abused women charities helpful. I had to get a Home Right's Notice put in so that at least I have a roof over my head and will not leave my child with such a person. I was left with no choice as I could not afford to apply on the parent route visa so had to apply for a fee waiver, which got accepted a few days ago. I went to send in my Biometrics yesterday so I hope it all turns out alright.I just worry that it might get refused as i still live with him but the marriage/relationship is over. Its so unhealthy me and my child living under such conditions.