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ILR under sexual abuse grounds from my father

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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GICA
Newly Registered
Posts: 3
Joined: Wed Oct 24, 2018 1:42 pm
Brazil

ILR under sexual abuse grounds from my father

Post by GICA » Wed Oct 24, 2018 2:20 pm

Dear Forum,

I have looked everywhere but cant find an answer to my query.
i will try to make it short.
I arrived in this country at the age of 14 in 2004 and was granted leave under my dad who was a student. From then till 2008 my family and I were under this visa. In march 2008 we all became illegal as my dad simply decided he wouldn't apply anymore, by this time my parents were separated and I was living with my pastors from church since the age of 17 as I had become homeless.
At the age of 16 my mom got a new bf and wanted to bring him to live with us and I didn't agree, my mom sent me to live with my dad who sexually abused me. I left my dad`s place and lived with a friend till the age of 17, my friends were illegal and when immigration came to our home, we all had to move, I didnt have anywhere to go so my pastor and his family took me in and I lived with them till the age of 19.
Before my last leave expired my parents signed my guardianship to my pastor when i was 17. When my leave finished in 2008 and i was 18 my pastor applied for extended Eu family member visa which was rejected as we were not blood related.
I stayed illegally in the country until the age of 22 by this time my mom and siblings received their ILR and with her support in 2013 i received FLR (FP) 10 years route.
Last year I broke down and had a depression crises after few attempts to suicide,I work for the NHS and work referred me to counselling, I told my counselor about my sexual abuse and she recommended that i should report the case to the police which i finally did in December 2017.
My family is now aware of what happened to me and have been to give their statements to the police which are investigating the matter. During the investigation one my aunties (my dad own sister) has also come forward and stated that my dad also tried to abuse her. It is likely that my dads case will go to court (CPS).
I had to change my phone number and close my social media accounts as my dads family members from back home and also in the UK were verbally abusing me and accusing me of trying to keep my dads house back home and that I am accusing him for money.
I dont want to go back home no even to visit as I am scared of his family and I reported him to receive closure.
I am currently married and also pregnant with my first child.
I have seen that there is ILR form for woman who suffered sexual abuse from partners, I suffered abuse from my dad. Can i use the same form? I just want some advice. Than you for reading my post

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR under sexual abuse grounds from my father

Post by secret.simon » Wed Oct 24, 2018 2:36 pm

I am sorry to hear of the abuse that you have suffered. One expects only (parental) love and affection from one's parents and it is tragic when it changes to abuse and violence. I hope that you are in a more loving and supportive relationship in your marriage.

As regards the crux of your question, unfortunately, the law regarding ILR (Domestic Violence), which I think is what you are refering to, is quite specific in only applying to people who have been granted previous visas on a spousal/unmarried partner basis.See Immigration Rule 289A.

To the best of my knowledge, ILR is not granted Outside The Rules.

As you are on an FLR(FP) immigration pathway, at the very least, you do have the legal ability to reside in the UK. You will have to persevere on this path, unless you can move to another path based on your spouse's immigration status. But either way, you will be about five years away from ILR.

What is your spouse's immigration status in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

GICA
Newly Registered
Posts: 3
Joined: Wed Oct 24, 2018 1:42 pm
Brazil

Re: ILR under sexual abuse grounds from my father

Post by GICA » Wed Oct 24, 2018 2:48 pm

secret.simon wrote:
Wed Oct 24, 2018 2:36 pm
I am sorry to hear of the abuse that you have suffered. One expects only (parental) love and affection from one's parents and it is tragic when it changes to abuse and violence. I hope that you are in a more loving and supportive relationship in your marriage.

As regards the crux of your question, unfortunately, the law regarding ILR (Domestic Violence), which I think is what you are refering to, is quite specific in only applying to people who have been granted previous visas on a spousal/unmarried partner basis.See Immigration Rule 289A.

To the best of my knowledge, ILR is not granted Outside The Rules.

As you are on an FLR(FP) immigration pathway, at the very least, you do have the legal ability to reside in the UK. You will have to persevere on this path, unless you can move to another path based on your spouse's immigration status. But either way, you will be about five years away from ILR.

What is your spouse's immigration status in the UK?
Thank you for your kind words.
My husband has been in the country for 12 years illegally and I cant help him with the status I have, my child will also be born without a status and wont be British as we both dont have a settled status.
For the past 7 years we applied for FLR (FP) and asylum for my husband, al refused and all my savings spent.
I thought maybe this bad situation could turn into a good one to define my baby and husband status in the country.
Thank you for your message

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR under sexual abuse grounds from my father

Post by secret.simon » Wed Oct 24, 2018 3:10 pm

GICA wrote:
Wed Oct 24, 2018 2:48 pm
my child will also be born without a status
Your child will be born without status, but you can apply for FLR(FP) for them as well.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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