ILR under Domestic violence - I need urgent help –please

[fahad]

I need urgent help –please

I came in UK in 2002 as a visitor because after my father death some family land dispute started with my uncle.

I overstay my visa and in those years. I am Muslim and got involved in relation with Hindu women. She was already a married women but her husband died long time ago with three children.

We decided to marry so I have no better option to go back home quietly and get married with her and apply for Spouse visa.

My case went into appeal an later on I granted spouse visa.
I came back to UK on April -2008.

So we started living together. Her son from previous marriage threats her and me and we report to police station twice.

Now my visa expires in one month time and we are still married but she not willing to sign my Set(M) application form because her whole family as Hindu put lot of pressure on her.

What can I do know and what’s my right

[Wanderer]

Where's the DV?

[fahad]

You mean where domestic violence in this.

Now she doesn’t want to live with me because her son wants her to leave me and let involve with someone else.

Because of his son involvement in all this matter from start and two police report against him from her site and later on he is the one you threat me and make her that she leave me. So all this happen and effect on our life and this is
.

[geriatrix]

Still, where is domestic violence in all this? Or do you perceive verbal threat(s) by your stepson to be domestic violence?

regards

[Wanderer]

I've seen some points stretched but claiming DV but this is the longest!

You have to no right to remain if your marriage is not subsisting, and certainly no right if ur wife is unwilling to sponsor you. You spat with your stepson is a private matter between the two of you, and if you think you can use that to remain here, you're living in cloud cuckoo land I'm afraid.

[John]

If Domestic Violence has happened, then we should be sympathetic about that, irrespective of who the victim is. We certainly should not think that all victims of DV are female.

fahad, have a good read of this UKBA document. In particular read at 5, about where the DV was done by a family member, not the sponsor.

What evidence do you have already? And what can you get?

[fahad]

Everything was fine still last week and I came from work and she said you are moving out.

I Cohabited with her almost six years and married from last three years.
I must have some right the way she done with me at the last the moment.

If she had any problem with marriage then she should told me before but told me on the last point look like cheating to me.

She involved with another man also in same time. She has right to do what she like but why destroy my life like that and even you don’t through your pet out like that the way she done to me and crying on the same time.

If your children are not happy with this relation then why you start this relation keep for six years and done this to me.

I married with her and took a stand against all my family and know she did this to me. It’s not possible for me to go back and face my family in this situation.

I don’t know what to do but I would like to appeal on special ground and I need some help in this matter.

[MPH80]

This is hard to say as we don't know the exact situation - the link posted by John says that the definition of DV is:

[quote]“There is no universally accepted definition of DV. The 1993 Home Affairs Select Committee report on DV used the following definition: any form of physical, sexual or emotional abuse which takes place within the context of a close relationship. In most cases, the relationship will be between partners (married, cohabiting, or otherwise) or ex-partners.â€

[Wanderer]

This is similar to the situation if, God forbid, there was any DV twixt me and my partner, on PSW visa.

She'd not get ILR or anything, so a son-in-law to spouse relationship is even less deserving of special treatment.

[MPH80]

This is similar to the situation if, God forbid, there was any DV twixt me and my partner, on PSW visa.

She'd not get ILR or anything, so a son-in-law to spouse relationship is even less deserving of special treatment.

While it's similar in that I don't think there's any special treatment because of the situation ...

IF there was violence between his partner and him AND he was here under a spouse visa or FLR(M), AND the violence caused the marriage to break down then AND there was evidence of the violence he would be eligible to apply under SET(DV) from what I can see.

But - from the situation above - I don't believe any abuse (emotionally or physical threats from the step son) caused the marriage breakdown.

Wanderer - in your partner's case the fact they are on a PSW visa makes them ineligible for SET(DV) as I understand it.

M.

[Wanderer]

This is similar to the situation if, God forbid, there was any DV twixt me and my partner, on PSW visa.

She'd not get ILR or anything, so a son-in-law to spouse relationship is even less deserving of special treatment.

Wanderer - in your partner's case the fact they are on a PSW visa makes them ineligible for SET(DV) as I understand it.

M.

I know - that's the difference. For a settlement visa, DV victim, ILR. Any other DV victim - go home. There is no difference in the crime, one gets ILR, the other doesn't.

I'd like to add there is no DV in me and my partners relationship, apart from her not letting me go to the pub every night...

[mochyn]

So are you a secret lemonade drinker, Wanderer?