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thank you for your responsehunpak wrote:i don't think Islamic law applies on u, u should try to find whereabouts of ur polish husband, and if u want divorce apply for one maybe he will give u some favour (i know im being optimistic) as he is bound too.
can anyone guide me, is the baby polish even from different dad as she is still not divorced? ..i think
Azhaar wrote:I have wrote in this forum about a year ago asking for some questions but no one was giving any answers.
I am going to explain everything with some updates.
I am non EEA National Lady (from yemen) Came 2 the UK 2006 marrieid to A polish citizen.
in 2006 just after 2 months of my arrival he started abusing me by phyisical abuse and mental abuse as well. in 12 2006 i called the police and took him to police station. i was still in love with him and i felt sorry about what happens so i went to the police to get him out.
after that we lived 2gether for another 2 years with him being so abusive.
at the end in 2008 april i had enough of all that so i went to report him again to the police at that time i was working part time so i managed to run away from him and stay with friends, he had all my papers (marriage certificate, bills and everything even my cloths) and refused to give them back to me, and his family were threatening me by saying if they see me in the street they will attack me. anyway
until 2008 july i lost all contacts with him i dont even know wheather he is in the uk or left.
in 2008 november i lost my job due to an operation that i had to do.
so then i met a guy who helped me that point by giving a place to stay but he got pregnant in return and then left me. my family stopped talking to me cus i was pregnant outside marriage.
in january 2009 i was so ill due to pregnancy (vomitting not able eat or work) my friend then asked me to move out or pay some money but i had no money..
in i think march 2009 i applied for job seekers allowance and hb for a room to help me living as i had nothing to support my self (i dont really know if that was a mistake but i dont regret it cus i needed help and no one was there to help me)
i gave birth to my baby in august 2009 and i stopped job seekers allowance and again i was suffering until i started recieving child benefit and child tax credit) in april 2010 i went back to work part time and get child tax credit and child benefit until now.
the problem i keep hearing many things that really scare me..
ppl say if my husband left i am no more entitle to stay.
i hear as well cus i was married to my husband for more than 3 years n lived with him in the uk for 2 years then i retained my right but then i lost my right cus of me being out of employment and claiming benefits.
i tried to manage to get myself divorced through islamic law as i was married in an isalmic way, cus according to islamic law im no more married to him. but i am not divorced according to civil divorce.
i cant go home cus i lost my family and cus they dont want my little one whos left for me in this world.
her dad is illegal, so my baby is lost im really worried..
i dont know to do
if its ok 2 claim benefit while working part time cus im a single mum or not and what will happen now...
please help me
Azhaar wrote:my marriage was registered in yemen, and then i came to the uk, the HOME office accepted the marriage certificate and i was issued with 5 years residence card expiring in 2013.
first of all when i came to the uk it was 2 months when the domestic vioelence started i didnt have any idea of what to do, and because i only wanted to be with him i was just coping with all that, as well as my family say its normal if sometimes your husband hit you..
but when i reported him in 2008 april, i was working part time and my friend told me that i have to run away, and thats what i did.
i ran away first cus he wasnt at home and i called him to let him know that we cant stay together, he got angry and said when i will come back (he means our home) i will find him dead cus he is going to kill himself cus he cant live without me.
so thats when i decided to go to the police station to report what he told me cus i was scared that he might do something to himself and i told them about all the incidents of domestic abuse that was happening and the last one was a week before i reported.
so the police went to arrest him and i went to get my cloths and my belongings while he is with the police.
i found his family there and they refused to let me in and take anything.
when about 3 days after all that i tried to contact him so i can have my things back, he told me that there is nothing for me there, cus he was the one who got me most of my cloths and things even my gold that i brought it from yemen he took it.
i contacted the landlord of the property and he told me that he took everything left the place.
he used to chase me all the time by coming to my work so after that i told my work place not to let him in i was told they cant cus its a public shop.
until july 2008 i lost all contacts with him, i called his place of work and i was told that he left.
i tried to get a solicitor and i was told that it will cost me alot of money to file divorce and i couldnt afford it at that time, cus i didnt have no idea that i was able get some help.
until 2009 when i was pregnant my friend told me to go to job centre cus i wasnt working at that time and i was just trying to see wheather i will be accepted to get some benefit or not, and i was, i went to the solicitor to do the divorce they asked me for marriage certificate, his address, and i didnt know how to locate him or to get my marriage certificate.
any way the home office accepted the marriage certificate and i was issued with residence card expiring in 2013. but next year it will b 5 years for me since i arrived to the uk with family permit.
i know its bit complicated but i really need help.
if i will be able to retain my right cus when i reported him and left his place i was working and i was already three years married to him and two years living with him in the uk.
will claiming benefit for certain time affect my residence, cus it wasnt in my hand i had no choice..
now i am still claiming part of housing beneift and working tax credit + chhild tax credit. but i am also working part time.
i am trying all my best to live independetley without recourse to public fund but its really hard at the moment with my little girl.
thx
he was muslim like me, he converted to islam cus thats what my family said when i wanted to marry him.hunpak wrote:i have checked your previous posts and u have been given very good advice before..
yes things don't seem right at the moment and there is not much u can do..
have u contacted the Home office about ur case after the divorce?
how did u get islamic divorce? or u gave him divorce urself?
did he belong to same faith as u (the polish ones)?
if he wasn't giving u your belongings u could have got them by police?
all i can say is that yes your case would be difficult but you should try on compassionate bases.
hunpak wrote:i have checked your previous posts and u have been given very good advice before..
yes things don't seem right at the moment and there is not much u can do..
have u contacted the Home office about ur case after the divorce?
how did u get islamic divorce? or u gave him divorce urself?
did he belong to same faith as u (the polish ones)?
if he wasn't giving u your belongings u could have got them by police?
all i can say is that yes your case would be difficult but you should try on compassionate bases.
thank you bobobo for your reply..bobobo wrote:This case cannot be considered on compassionate grounds even under domestic violence as Divorce was not applied for when this happened. Even if the spouse had left Divorce could have been applied citing Domestic Violenece and Divorce could ahve been granted for Desertion or Seperation for 2 years. Please remember even when applyiong for divorce the UK law clearly states that Divorce should be applied within 6 months of the last incident, otherwise it is believed that the behaviour is acceptable by either party. Since this has not been done the case is very weak. HO does not consider culture/social issues when deciding cases so if the baby will get yemen nationality is least of their concerns.
They will study the case practically. The OP should have taken the Police and gone to collect her stuff and should have lodged a report with the Police when she found out her stuff had been thrown. Ho will not like the delay that has happened for no apparent reason. In addition to this claiming benefits = recourse to public funds = lat nail in the coffin as the Criteria for Retaining rights of residence is that you will "Not be a Burden" on the govt and the taxpayer,unfortunately the OP is a burden on the taxpayer at the moment and HO will not like this. I am not sure what a solicitor can do in this case as nothing in this case goes in favour of the OP. No requirements are met for retention of rights of residence.
hunpak wrote:i have checked your previous posts and u have been given very good advice before..
yes things don't seem right at the moment and there is not much u can do..
have u contacted the Home office about ur case after the divorce?
how did u get islamic divorce? or u gave him divorce urself?
did he belong to same faith as u (the polish ones)?
if he wasn't giving u your belongings u could have got them by police?
all i can say is that yes your case would be difficult but you should try on compassionate bases.
Guerro wrote:I remember i read on the ukba website that the only accepted method of divorce for uk residents is through uk courts ( decree nisi and absolute). They define a resident as someone who has been living continuously in the uk without 6 months absence. Embassies in the uk are not recognised as a performer of either marriage or divorce. Divorce abroad is accepted if you are a national of the country and living there for more than 6 months before applying for divorce and it should be recognised by that country.
Someone correct me if I'm wrong
sounds clear, that could be true, cus when i got married it was in yemen, and my marriage was islamic but was registered in the civil marriage place i dont know what is called.bobobo wrote:Agreed, Please remember that Divorce in UK is only considered when granted by UK courts. If the divorce was granted in any other country it will be accepted if it has gone through the proper channel.
HO on the phone can say anything but remember when you make an application its a different ball game.
Your Marriage and Divorcer are both Islamic, Somethig which is not recognised in UK, People who do religious ceremonies in UK also get the marriage registered with the registrar.
You also do not have a good reason for claimimg benefits, so this will go against you.
Guerro wrote:I remember i read on the ukba website that the only accepted method of divorce for uk residents is through uk courts ( decree nisi and absolute). They define a resident as someone who has been living continuously in the uk without 6 months absence. Embassies in the uk are not recognised as a performer of either marriage or divorce. Divorce abroad is accepted if you are a national of the country and living there for more than 6 months before applying for divorce and it should be recognised by that country.
Someone correct me if I'm wrong
Azhaar wrote:sounds clear, that could be true, cus when i got married it was in yemen, and my marriage was islamic but was registered in the civil marriage place i dont know what is called.bobobo wrote:Agreed, Please remember that Divorce in UK is only considered when granted by UK courts. If the divorce was granted in any other country it will be accepted if it has gone through the proper channel.
HO on the phone can say anything but remember when you make an application its a different ball game.
Your Marriage and Divorcer are both Islamic, Somethig which is not recognised in UK, People who do religious ceremonies in UK also get the marriage registered with the registrar.
You also do not have a good reason for claimimg benefits, so this will go against you.
Guerro wrote:I remember i read on the ukba website that the only accepted method of divorce for uk residents is through uk courts ( decree nisi and absolute). They define a resident as someone who has been living continuously in the uk without 6 months absence. Embassies in the uk are not recognised as a performer of either marriage or divorce. Divorce abroad is accepted if you are a national of the country and living there for more than 6 months before applying for divorce and it should be recognised by that country.
Someone correct me if I'm wrong
so if i use the domestic violence and that my relationship broke down cus of domestic abuse do u think this will help. c us i have reports from police and a report from the family justice centre, and court charge..
and just ignore the divorce at the moment, if i just retain my right its fine by me i wont apply for permentant residence at the moment cus its
a confusing.
thank you bobobo and Guerro
i will see what happens and then i will keep everyone updated, hopefully a new law comes out in my favour.