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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
CR001 wrote: ↑Sat Jan 20, 2024 1:48 pmPresumably she has not had valid visa for at least 15 years. ILR will always fail in this case and for ILR as a spouse, she would need her husbands support.
She could look to apply for FLR(FP) after 20 years living in the UK. This will be 4 x 2.5 year visas before she can apply for ILR.
As she has no valid visa, she also cannot work, cannot use the NHS and cannot rent.
CR001 . Thankyou for quick response, Thankyou for your timeCR001 wrote: ↑Sat Jan 20, 2024 4:54 pmShe can leave if she wants to and return to her home country. Nothing stops her from doing that.
Not sure why you think police, social services or council would be involved or care if she chooses to leave or what you mean by "acceptance"?
As someone with no legal status in the uk, she doesnt have any options really.
It costs money to divorce and wont resolve her immigrstion issues.
She should have tried to sort all this out a very long time ago, before her visa expired
Probably Just a silly thought from me ,CR001 wrote: ↑Sat Jan 20, 2024 4:54 pmShe can leave if she wants to and return to her home country. Nothing stops her from doing that.
Not sure why you think police, social services or council would be involved or care if she chooses to leave or what you mean by "acceptance"?
As someone with no legal status in the uk, she doesnt have any options really.
It costs money to divorce and wont resolve her immigrstion issues.
She should have tried to sort all this out a very long time ago, before her visa expired
I believe the husband's absence would be considered as 'unacceptable behaviour' in the event of a divorce petition by the wife, but I doubt that it would be relevant as domestic violence in a right to remain application. Even more so when it seems she has been without valid leave in the UK for a considerable number of years.secret.simon wrote: ↑Sun Jan 21, 2024 6:22 pmCould withholding of conjugal affections be counted as domestic violence? Some interpretations of laws are so broad one can sail an aircraft carrier through them.
I agree with @Frontier Mole that it does not qualify as modern slavery. She can up sticks and leave any time she wants. From the circumstance, it sounds like she is willing to stay behind and look after her mother-in-law.
The evidence of 'unreasonable behaviour' considered in granting a divorce has no relevance to an application with the Home Office to leave to remain.QSDanik wrote: ↑Thu Jan 25, 2024 2:23 pmThankyou Casa, Frienter mole,Secret Simon, CR001 and all others.
Yes Casa, she want to apply for divorce now as she is feed up of living there as it has ruined her life as the lady every day was thinking her husband might be changed one day and come back but it never happend....a big part of life was ruined. As husband didnt say to leave his home
Can you guys advise if she want to apply for divorce for husband unacceptable behavior and if Court accept the aligations,or denied ... what are options for her for leave to remain?
So she will still need the support of the husband to apply for ILR under this section. As she is still living with the mother-in-law, perhaps the mother-in-law can intercede with the son to support the application. Then, once the application is through, they can divorce and move on in their separate ways.(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
To be honest, I feel for both sides of that marriage. The husband was probably emotionally and psychologically coerced into the marriage, his family thinking that a heterosexual marriage will "cure" him of his preference for men. For all we know, his extant marriage to the woman in question may have prevented him from marrying a guy of his choice.