Assault while on visit.

[molly2021]

Hello there, I have an urgent need for help.

I arrived Scotland on Just few days ago with my kids on a visit visa to spend the summer holiday with their dad who is a permanent resident here. An arguement ensued and I have been badly assaulted with an injury in my eyes and a part of my face.

The police has detained him and we are being removed by social services to a safe place.

Now, if we have to return to our home country, my partner will obviously refuse to support me with the kids or just completely abandon us. He can also travel down to harm me or take the kids away from me as he has continued to threaten.

I am very scared and worried for life after this situation and really confused. Can I seek asylum here or get a lawyer to help us stay safe here and get him to support the kids? I need to take a wise decision with the situation please kindly help.

[THO]

As far as I understand it, you can only seek asylum in the UK if your life is in danger in your country and that country is deemed to be unsafe to live in so I would not expect you have any chance of an asylum claim.

Since you are here on a visit visa, presumably you have a return ticket and can to go back to Ghana? Or did you arrive in the UK intent on staying somehow, with the intention that the father should pay for his kids?

If you have money for flights and a lawyer, you must have some sort of reasonable income to support yourself, and lawyers are not cheap here.

[molly2021]

Thank you so much for your response.

Yes, we have a return ticket but I am worried about the consequences of what has happened. It will be daunting on me and I will be unable to lay hold of him either for support or any other concerns regarding the kids. I don't have any custody documents and even to renew or travel with the kids in the future I'll always need his consent and that might be very challenging or almost impossible to get after this situation at hand.

I have tried to get custody from my home country but the courts say he is out of Jurisdiction and they can't hear the case.

Do I have any options of remaining in the because of the kids? Is there any chance of fighting for my kids? Raising them alone back home is very challenging.

[THO]

Hi,

Please correct me if I am wrong.

You flew over with the kids to see their father, on a visit visa, under the story that they would visit their father, presumably you are separated?

You argued and he beat you up and social services have provided you with a safe temporary place to stay until your flight home?

He has custody over the children, despite the fact that they lived with you in Ghana.

You really wanted to come here so you could stay in the UK, once you got here as you want him to pay for his kids upbringing?

Have I interpreted this correctly?

What nationality do the kids have?

[CR001]

What nationality do the kids have?

See previous topic from March 2021.

immigration-for-family-members/relocati ... l#p1996353

[molly2021]

Thank you THR. Sincerely appreciate your time with response.

I and my partner are not legally married. We have Customary and church wedding back home which I believe isn't recognised in some countries like the UK. So we are not separated.

Yes you are right we came here for a holiday with him. However, he's had plans of getting us to stay back because of the kids welfare and psychological growth with both parents available for them.

Yes, he has legal rights over them because our names are on their birth certificates.

Yes I want to stay back because of the kids upbringing.

Now, this has happened. We were also discussing their welfare in terms of child support as he barely sends any funds home to support me with raising them.

My first daughter is American, and the other Ghanaian.

Hi,

Please correct me if I am wrong.

You flew over with the kids to see their father, on a visit visa, under the story that they would visit their father, presumably you are separated?

You argued and he beat you up and social services have provided you with a safe temporary place to stay until your flight home?

He has custody over the children, despite the fact that they lived with you in Ghana.

You really wanted to come here so you could stay in the UK, once you got here as you want him to pay for his kids upbringing?

Have I interpreted this correctly?

What nationality do the kids have?

[THO]

Honestly Molly, and I stand to be corrected, but as far as I can see you have no way to come to live in the UK as it stands. Neither child can claim British nationality because neither of you are British nationals.

You're not even legally married. I believe the HO takes a dim view of people arriving on one easier to get visa (visit visa) in the hope of changing it for a permeant one when they are here, so that will also go against you, and if you apply to change it, that will ring alarm bells and you'll probably not receive another visit visa the next time you want to come back.

I suggest your best bet is to return home as per the visa, and get legally married to him (as recognised by the UK govt) and then apply for a spouse visa.

However, I might also suggest that you consider what he has done to you and wonder if you would not be better off returning home with the kids and finding someone else who is not going to beat you. Sounds to me like he is not that concerned about you or them, if he is not sending money back to support you all, and I doubt very much he would bother to get custody of them, since I don't think he could bring them to the UK anyway (warning this is an opinion) so you're not having to worry about that.

Sorry I don't think you have other options as it is now.