Difficult case and need help please dont let me down!!!

[Azhaar]

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

[hunpak]

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]

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

thank you for your response

well, i dont really know where he is,,
i tried all my best to locate him but without any success. anyway even if i know where he is he will never help me cus when i reported him to the police he was charged with a domesitc assault, and went to court.
by that time he refused to give me back any of my belongings, and he even threw all my papers even my computer, because i called the landlord and i was told that he tool all my things and he moved out.

but when i called back in 2008 he told me that i should be sent home, and he will keep no prove of me being with him..


its quite difficult to locate him or to even find my marriage certificate (actually it was an islamic marriage certificate) and the divorce that i got now according to islamic law, i got legalised by the foriegn affairs office in milton keynes, and by my embassy, i am not sure if the polish embassy will legalise it..

my little baby was not from my polish husband... so she is not polish.

[Guerro]

Islamic marriage or marriage conducted in any embassy in the uk is not considered as valid by the ukba. Did you get married in yemen? Was it islamic or civil marriage? Do you hold a residence card as a family member of eea citizen?
Your answers will draw a clearer picture of the situation

[bobobo]

Azhaar I am going to state facts so this might hurt.....
If you were a victim of domstic violence why didnt you divorce your husband when you had a chance, I agree you were in love, but that would have been the sensible thing to do. Not sure about an islamic marriage certificate and its validity in the eyes of the HO, also did you apply for a RC of a family member of an EU national. If you didnt then HO do not have any record of you being the spouse of an EEA national.
If he however left the UK then your stay in the UK is automatically illegeal as your sponsor is not exercising treaty rights in the UK.
It will be an uphill battle for you to prove all these thigns with the HO. If however you did apply for an RC, you will still need help from your spouse as you would need to prove he was exercising treaty rights in the UK, you were cohabiting + to retain the rights of residence you would need to be divorced. In the absence of all the above, things do not look good for you I am afraid. Recourse to public funds could be an issue as well.

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]

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

[bobobo]

Hi Azhaar, I can imagine that things are very hard and I do personally feel bad and sorry for you. The good thing is that the HO recognise your marriage. However on the flip side,when did you get married exactly. By th sound of things you have the following issues:
1. You are NOT Divorced
2. You do not have proof of co-habitation
3.You cannot prove your spouse was exercising treaty rights in the UK
4.Clearly you are not exercisng your rights as a non eea national
5. You are claiming benefits (Recourse to Public funds)
For the seasons mentioned above you cannot apply for retention of residence. Moreover legally and sensibly you should have divorced your husband earlier citing domestic violence as the reason. If your husband has left UK,. then I am afraid you have lost all rights to live in the UK itself.

I am not sure what you can do from here, but the EEA route will not take you anywhere as whatever you apply for the HO would want to see either all or soem of the things listed above and unfortunately you cant provide anything.

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

[hunpak]

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.

[Azhaar]

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.

he was muslim like me, he converted to islam cus thats what my family said when i wanted to marry him.

i tried to contact the police and i was told to go there but his family were there, and then he said he threw everything,

what is compassionate bases

before i was not working now im working wouldnt that make me a worker myself even if he isnt with me,
the problem that i am worried about is the benefit thing i am trying all my best to get a full time job so i can afford to pay my rent and all other expenses.

[bobobo]

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.

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.

[Azhaar]

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.

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..

i have contacted the home office and i was told that i retained my right straight away when i left the property and reported him to the police, what i need now is to get a confirmation if i want, but regarding benefits i was told that i cant be out of employment for more than 6 months without a reason,
if i was unemployed then i should register with the job centre to prove that i was searching for a job to be qualified as job seeker but for no more than 6 months.

i took my baby to my embassy last week and i was told that the baby can not get yemen passport cus her dad isnt yemeni, but she can choose wheather to take her mother nationality (yemeni) or her dad when she becomes 18 years old.

right now i am working part time and i was told that i can get top up benefit only if im a part time worker.. not sure though if its right or not.

i mentioned about the divorce to the advisor whom i spoke to on the phone, and told me it has to be legalised officially, and if i can get legalised in yemen then there is no problem cus my marriage certificate was accepted from the begining and i dont need to get a copy for the home office because they should have a copy.

i am going to send the divorce certificate to yemen to get legalised there, and then i will see if i will go through and apply for retention of right or not. cus i am still unsure of my case..


thank you

[Guerro]

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

[bobobo]

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.

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]

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.

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.

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.

[bobobo]

To apply for retention of rights you Need to be divorced, even if you are seperated from your spouse it does NOT allow you to file for retention of rights of residence, so you cant just ignore the divorce.

HO will ask plenty of questions.Be prepared to answer them as there are plenty of things that go against you.

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.

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.

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.

[Azhaar]

Hi bobobo,
thanks for your reply..

so how long will take to divorce to issued, i mean until decree abslute.

will i b able to get divorce even without knowing where is my husband,, cus my solicitor asked me to get them his addresss and i dont know where he is...



if you have any information about divorce could you please advise me..

Thx

[bobobo]

There are plenty of websites that can give you more accurate information than I can. if you google this you will find all the info you need. Would also be useful if you check the HMC website (court Services).

There ar e 5 grounds under which you can apply for a divroce. In your case maybe 2year desertion would apply.

Two years’ desertion

To obtain a divorce on the fact of two years of desertion, you will need to satisfy the court that:


You no longer live with your spouse ('the respondent')
This was without your consent or against your wishes (either before or after the desertion)
The respondent intends to permanently stop living with you
The respondent does not have reasonable cause to stop living with you, such as your extremely unreasonable behaviour

In addition, you should be aware that certain circumstances and/or acts prohibit the ground of desertion being used as a ground of divorce. Examples of such circumstances and/or acts are where:


You and your spouse agree to live apart (including a decision to do so after the respondent has left the family home)
A court grants a decree of judicial separation
The respondent made a reasonable offer to resume cohabitation that you unreasonably refused
The respondent has given you a reason to stay away from the home, for example, he/she commits adultery
You and the respondent resume cohabitation for a long period. A period of up to six months where you both attempt reconciliation will not prohibit the use of this ground. However, it must be added to the two year period leading up to your petition. For example, if you have lived separately for precisely two years but have resumed cohabitation for four months of that time, you will not be able to petition for a divorce until two years and four months have lapsed.

Desertion is a fairly rare ground for obtaining a divorce today as it is a complicated fact to prove. Consequently, you are advised to rely upon this fact only if the other facts do not apply to you.