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Spouse visa ....Divorce

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shazyb
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Spouse visa ....Divorce

Post by shazyb » Wed Apr 18, 2018 11:11 am

Hi,
My niece came to UK last year on spouse visa.but situation right now is her in laws behaving with her like she is house servant and they giving pressure if you will not live like servant in house ,we will give you divorce and send back to you pakistan.
What’s the options,she has 1 more year visa.
Problem is if she go back,She will be more stressed what happened with her.
Your opinion in this matter will be much appreciated.
Thanks in advance

Wardariaz
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Re: Spouse visa ....Divorce

Post by Wardariaz » Wed Apr 18, 2018 12:28 pm

I think she has no options.
If she wants a divorce she will have to go back.
This can be a case of domestic abuse.
But either she should accept their behaviour and live here if she only wants a British identity.
If she thinks the marriage is not worth it and she can find better people in her country or anywhere else she should go ahead.
Anyway patience is the best in times of distress.
People in her home country could also have treated her this way. So she should decide about marriage not about being in Uk.

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CR001
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Re: Spouse visa ....Divorce

Post by CR001 » Wed Apr 18, 2018 12:50 pm

Is her husband also part of this 'abuse' against her?

Has your niece spoken to her GP, social services or any women's aid charity organisation or the police?

https://assets.publishing.service.gov.u ... -04-18.pdf

https://assets.publishing.service.gov.u ... 0-2016.pdf

http://rightsofwomen.org.uk/wp-content/ ... funds-.pdf
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Londoner007
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Re: Spouse visa ....Divorce

Post by Londoner007 » Wed Apr 18, 2018 1:54 pm

I hear about these so called "slave" treatment from in-laws to the daughter in law a lot and most of times it is because the person who has arrived in UK had such high expectations that even normal treatment towards them is seen as being treated like slave. This is why we see a lot of marriage problems especially from Asian sub-continent and thus a lot of the applications are heavily scrutinised because of this.

I have personally seen a lot of girls go via the Domestic Abuse route where there was never a case for it, and then after not being able to get ILR in this route, they come back to the husband and suddenly the in-laws are no longer treating them like slaves. Alot of times other cousins are involved who fuel these rash decisions.

If the ill treatment is true then it is best for her to either move out of the in-laws house / reconcile with husband or perhaps just go back to Pakistan since it will be very difficult for her to attain settlement alone. Is it really worth being treated like a slave just to find it even harder later on?

It's up to her to decide.
Verily, After Hardship Comes Ease

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seagul
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Re: Spouse visa ....Divorce

Post by seagul » Wed Apr 18, 2018 10:13 pm

People usually arrive uk with high expectation without knowing that here the life is more hard than backhome. Due to that fact as soon as the person start knowing it then get irritated and start blaiming others. It's always best to involve informally the elder members in family to resolve the issue.
If that lady don't want to live with her husband then more likely have to return backhome. And regarding domestic violence case which from the past has been growing enormous which HO is already aware about. Therefore, unless the solid evidence and witnesses that domestic violence case won't succeed and any lie/exaggeration might lead to deception affecting all future applications.
Best is to work out the differences.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Londoner007
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Re: Spouse visa ....Divorce

Post by Londoner007 » Thu Apr 19, 2018 11:08 am

Segaul I agree 100%. Like i said those comments I have made are from very personal experiences of people I know.

I would recommend to all that we choose our spouses very carefully and work on the relationship first rather than act all flash that you live in UK. Truth is, these days a lot of people back home are unaware that they are living a better standard of life than here and that UK isn't a golden tree, that bares golden fruits, that if shaken drops gold to your hand :0)
Verily, After Hardship Comes Ease

shazyb
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Re: Spouse visa ....Divorce

Post by shazyb » Fri Apr 20, 2018 12:09 pm

Thanks all for your valuable comments
No,because they didn’t register her with GP,
She is not allowed to go outside home,they took even mobile phone so she can’t contact with anyone

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CR001
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Re: Spouse visa ....Divorce

Post by CR001 » Fri Apr 20, 2018 12:11 pm

That is enslavement and is illegal. Either you or someone or her needs to report this to the authorities.

How do you know then if she is not able to contact people??
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mrsabih
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Re: Spouse visa ....Divorce

Post by mrsabih » Fri Apr 20, 2018 12:16 pm

CR001 wrote:
Wed Apr 18, 2018 12:50 pm
Is her husband also part of this 'abuse' against her?

Has your niece spoken to her GP, social services or any women's aid charity organisation or the police?

https://assets.publishing.service.gov.u ... -04-18.pdf

https://assets.publishing.service.gov.u ... 0-2016.pdf

http://rightsofwomen.org.uk/wp-content/ ... funds-.pdf
If she followed above and report to police and contact gp she will have strong case to get further leave to remain
Do good and get reward

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seagul
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Re: Spouse visa ....Divorce

Post by seagul » Fri Apr 20, 2018 12:37 pm

Easiest way if someone don't like the attitude or system of somewhere then simply buy the ticket and travel to backhome and if someone try to intervene for doing that either then she might be at risk here.
I personally seen a lot cases and scenarios where relevant authorities primarily suggest to isolate/separate from those who causing trouble which include going back home and if still trouble continue to exist then the person has got case.
It always not necessary to simply file a case rather now authorities use very precise strategy which is to suggest to adopt isolation. I seen cases where council workers/police has been called who primarily given advice to adopt isolation.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Londoner007
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Re: Spouse visa ....Divorce

Post by Londoner007 » Fri Apr 20, 2018 10:41 pm

If she is really being treated very badly, then you need to get involved and help her. Especially, if she is your niece but make sure nothing is done hastily.
Verily, After Hardship Comes Ease

shazyb
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Re: Spouse visa ....Divorce

Post by shazyb » Sat Apr 21, 2018 3:30 am

Thanks all again
I know because she told me over the phone at the start when she arrived here but after they took the phone so she can’t contact with anyone,even family from Pakistan try to contact,they changeee landline number,she told her family back over the phone what’s happening with her when no one was at home.
I want to help her, was looking for best advice from you guys so I can take best course of action

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CR001
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Re: Spouse visa ....Divorce

Post by CR001 » Sat Apr 21, 2018 7:18 am

You should read the advice already provided and the links.
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seagul
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Re: Spouse visa ....Divorce

Post by seagul » Sat Apr 21, 2018 9:53 am

shazyb wrote:
Wed Apr 18, 2018 11:11 am
I want to help her, was looking for best advice from you guys so I can take best course of action
The person to who you want to help seems new in UK. Your best help would be to visit her home and if possible then buy for her the return ticket and advise her to go backhome for a while the same more likely the authorities will suggest.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Spouse visa ....Divorce

Post by Casa » Sat Apr 21, 2018 10:21 am

seagul wrote:
Sat Apr 21, 2018 9:53 am
shazyb wrote:
Wed Apr 18, 2018 11:11 am
I want to help her, was looking for best advice from you guys so I can take best course of action
The person to who you want to help seems new in UK. Your best help would be to visit her home and if possible then buy for her the return ticket and advise her to go backhome for a while the same more likely the authorities will suggest.
From the OP's opening post it appears that her niece has been in the UK for 18 months (1 year left on her current visa). She should follow CR001's advice in the links provided as domestic violence (which includes emotional abuse) if proven, entitles her to remain in the UK under SET(DV).
If she goes home 'for awhile' as you suggest and her husband notifies the Home Office that the relationship is no longer subsisting, she will be unable to return to the UK as her current visa will be invalid.

With respect, I don't believe that speculating whether the niece's expectations of life in the UK have been set too high is helpful in the circumstances given. :idea:

The charity, Southall Black Sisters give invaluable assistance in cases such as this.
https://www.southallblacksisters.org.uk/
(Casa, not CR001)
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seagul
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Re: Spouse visa ....Divorce

Post by seagul » Sat Apr 21, 2018 10:41 am

Casa wrote:
Sat Apr 21, 2018 10:21 am
seagul wrote:
Sat Apr 21, 2018 9:53 am
shazyb wrote:
Wed Apr 18, 2018 11:11 am
I want to help her, was looking for best advice from you guys so I can take best course of action
The person to who you want to help seems new in UK. Your best help would be to visit her home and if possible then buy for her the return ticket and advise her to go backhome for a while the same more likely the authorities will suggest.
From the OP's opening post it appears that her niece has been in the UK for 18 months (1 year left on her current visa). She should follow CR001's advice in the links provided as domestic violence (which includes emotional abuse) if proven, entitles her to remain in the UK under SET(DV).
If she goes home 'for awhile' as you suggest and her husband notifies the Home Office that the relationship is no longer subsisting, she will be unable to return to the UK as her current visa will be invalid.

With respect, I don't believe that speculating whether the niece's expectations of life in the UK have been set too high is helpful in the circumstances given. :idea:

The charity, Southall Black Sisters give invaluable assistance in cases such as this.
https://www.southallblacksisters.org.uk/
I just was loged off after waiting when will you tag my post as usual and start writing but I have to login in again. I don't know what recent practical experience (not theory) over such situation you have. But I practically seen dozen of similar cases where relevant authorities primarily advise to adopt isolation. I also seen which even HO now aware of that lot of people from backhome have already done such homework. The reason to suggest isolation is to determine the genuineness of claim. Again unless rock solid evidences and plus solid witnesses no domestic violence case can succeed and any lie/exaggeration will lead to deception. I challenge you if op ask help from anyone they will 99.99% suggest to adopt isolation because they must have been hearing that as a routine practice.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Spouse visa ....Divorce

Post by Casa » Sat Apr 21, 2018 12:17 pm

I didn't 'tag onto your post' and please note that this is not your thread and both moderators and other members are entitled to give advice/opinions.

The OP's niece needs positive guidance on her options through the official channels and/or charities dealing with cases of DV. Both CR001 and I have given the necessary links. It would be interesting to see the verifiable HO statistics that you have gathered your 99% from.

Isolation doesn't mean having to leave the UK. There are also UK charities providing refuge for those who are suffering from domestic abuse.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: Spouse visa ....Divorce

Post by seagul » Sat Apr 21, 2018 12:43 pm

Casa wrote:
Sat Apr 21, 2018 12:17 pm
I didn't 'tag onto your post' and please note that this is not your thread and both moderators and other members are entitled to give advice/opinions.

The OP's niece needs positive guidance on her options through the official channels and/or charities dealing with cases of DV. Both CR001 and I have given the necessary links. It would be interesting to see the verifiable HO statistics that you have gathered your 99% from.

Isolation doesn't mean having to leave the UK. There are also UK charities providing refuge for those who are suffering from domestic abuse.
If you google search yourself then can find a lot such statistics along with the statistics regarding enormously growing false claims of domestic violence. Authorities now initially try to resolve problem informally through suggestions.
You assume my same reply over your all upcoming replies. Pakistan is not a war zone and relocation there is much easier.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Spouse visa ....Divorce

Post by Casa » Sat Apr 21, 2018 12:57 pm

seagul wrote:
Sat Apr 21, 2018 12:43 pm
Casa wrote:
Sat Apr 21, 2018 12:17 pm
I didn't 'tag onto your post' and please note that this is not your thread and both moderators and other members are entitled to give advice/opinions.

The OP's niece needs positive guidance on her options through the official channels and/or charities dealing with cases of DV. Both CR001 and I have given the necessary links. It would be interesting to see the verifiable HO statistics that you have gathered your 99% from.

Isolation doesn't mean having to leave the UK. There are also UK charities providing refuge for those who are suffering from domestic abuse.
If you google search yourself then can find a lot such statistics along with the statistics regarding enormously growing false claims of domestic violence. Authorities now initially try to resolve problem informally through suggestions.
You assume my same reply over your all upcoming replies. Pakistan is not a war zone and relocation there is much easier.
Why on earth should the OP's niece have to return to Pakistan if she is a genuine victim of domestic abuse. :!: I'll reiterate that she first needs to seek professional advice from the authorities or the relevant charities as has already also been advised by CR001.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

shazyb
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Re: Spouse visa ....Divorce

Post by shazyb » Sat Apr 21, 2018 2:25 pm

Thank you all
Link is very usefull,I will follow advice from there and will contact with authorities

AL1982
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Re: Spouse visa ....Divorce

Post by AL1982 » Sat Apr 21, 2018 4:47 pm

shazyb wrote:
Sat Apr 21, 2018 2:25 pm
Thank you all
Link is very usefull,I will follow advice from there and will contact with authorities
Casa has provided good advice - progress with urgency as this certainly isn't a healthy situation if her family can't get in touch with her.

If the abuse is physical, I'd get the police involved immediately.

Hope everything goes smoothly.

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