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PLZ help!!!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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rafzaf4eva
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Posts: 33
Joined: Fri Sep 05, 2008 3:39 pm

PLZ help!!!

Post by rafzaf4eva » Sat Aug 08, 2009 12:52 am

My sister in law came from abroad in March she is on ILR she is also 3 months pregnant her Husband is aggresive she can't live with him but she wants to stay in this country is there any chance he can send her back home? if she tells the police will it affect her stay? he also hits her and makes her work and gets all her pay she is very upset plz help......

vinny
Moderator
Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Aug 08, 2009 1:08 am

If she has ILR/ILE, then she may remain in the UK indefinitely (unless it's revoked).

Else, if she has a limited spouse visa, then she may apply for SET(DV) as a Victim of domestic violence (Section 4 - Victims of domestic violence, Annex AB - List of recognised domestic violence organisations).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Rozen
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Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Re: PLZ help!!!

Post by Rozen » Sat Aug 08, 2009 11:08 am

rafzaf4eva wrote:My sister in law came from abroad in March she is on ILR she is also 3 months pregnant her Husband is aggresive she can't live with him but she wants to stay in this country is there any chance he can send her back home? if she tells the police will it affect her stay? he also hits her and makes her work and gets all her pay she is very upset plz help......
Is she on ILR, ILE or LTR?
If it's ILR or ILE she is safe, and her stay is not dependent on her husband.
If it's LTR on spouse visa, then as Vinny says, she could go down domestic violence route. But she would need to have evidence of this such as police reports, medical reports, etc.

rafzaf4eva
Newbie
Posts: 33
Joined: Fri Sep 05, 2008 3:39 pm

Re: PLZ help!!!

Post by rafzaf4eva » Sat Aug 08, 2009 9:56 pm

what i meant was she has been here for 3/4 months if she decides to live separate will it make any difference?

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Aug 08, 2009 10:17 pm

If she is genuinely undergoing domestic violence, she can get out of the abused relationship immediately and apply through the DV route as perfectly stated by Vinny.

She doesn't have to stay there at all. That is the whole point of the DV pathway. However the burden of proof is usually a bit high. She would need to obtain medical report, police report and confirmation that her abused are genuine and consistent with DV.

Here is the Legislation governing that Area of settlement
Smooth seas do not make skilful sailors

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