Cancelling spouse visa

Someones1 · Post by **Someones1** » Mon Jun 13, 2011 12:10 am

I'm from Australia and my husband is British we have a child together and I have a child from previous marriage
I have been on a spouse visa for 10 months and now he has decided after I gave birth here in the uk he doesn't want us anymore
My constant effort to convince him to take part in his child's life has not achieved the desired goal
As I know he will regret his decission later but possibly be too proud to fix it and too late for immigration reasons
Can he just send us back just like that
Is there not anyway I can stay here by other means
I haven't finished any schooling and have no degrees
Can't I do something because my child was born here and has a British passport ?
What is the process of him sending me back ?
How long would it take ?
What happens
Can I apply to stay here as a tourist ?
Thanks heaps in advance

Post by **geriatrix** » Mon Jun 13, 2011 12:17 am

Who will the British citizen child stay with?

He cannot have you sent back. All he can do is inform UKBA of the breakdown in your relationship. Then it is up to UKBA to take any action as they deem fit - do nothing or curtail your current leave. This said, to stay in UK beyond the expiry date of your leave, you'll need to apply for leave to remain (extension) in a category that you qualify under.

No, you cannot switch to visitor status.

Someones1 · Post by **Someones1** » Mon Jun 13, 2011 12:23 am

Both children live with me
So if he sends me back my baby will be coming with me
Can he stop that ? Can he refuse my baby to come with me ?

Someones1 · Post by **Someones1** » Mon Jun 13, 2011 12:27 am

Ok so if I want to stay here even if we are separated he can't have me deported ?
Isn't that illegal for me to stay here if we are separated
I don't want to do the wrong thing
I just don't want my baby growing up not having any idea who it's daddy is
What can I apply for at the end of the two years ?
Can I apply for ILR if I'm not his spouse based on my baby being born here and residing here without any problem for 2 years ?

Post by **vinny** » Mon Jun 13, 2011 3:40 am

see also:

Best interests of children: new Supreme Court case

Zambrano case
Zambrano considered

Kitty · Post by **Kitty** » Mon Jun 13, 2011 9:56 am

If your relationship with your husband has broken down then you won't be able to apply for ILR based on your spouse visa.

However, if your husband wants to have contact with his child, there is special provision for non-UK parents to stay in the UK to provide for contact or access. Leave to remain in this category currently leads to settlement after only one year. See:

Access to a child

If you will not satisfy all the requirements of paragraph 248A of the Immigration Rules above then you may still be granted Discretionary Leave to stay in the UK so your child can have contact with both parents.

You should seek legal advice about separation and contact arrangements, and also about the appropriate immigration application.

leonex4t5 · Post by **leonex4t5** » Mon Jun 13, 2011 10:22 am

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

the above link may interest you. you have two options, either apply for access to child now and after 12month you will qualify for indefinate leave to remain.

pending on your credibility HO will should grand you Discretionary leave, or Acess to child. hopefully you would get access to child as far as you are not on benefit, and you current leave to ramain is still valid.

Post by **vinny** » Mon Jun 13, 2011 10:31 am

Someones1 wrote:my husband is British

Someones1 wrote:Both children live with me
So if he sends me back my baby will be coming with me

If your older child stays with your husband, then you may apply for leave to remain (248A) under child access, as stated above.

Post by **Greenie** » Mon Jun 13, 2011 11:02 am

vinny wrote:
Someones1 wrote:my husband is British

Someones1 wrote:Both children live with me
So if he sends me back my baby will be coming with me
If your older child stays with your husband, then you may apply for leave to remain (248A) under child access, as stated above.

the child doesn't need to live with the husband. As long as he has contact with the settled parent this is sufficient.

Edit- sorry Vinny not sure if you meant 'stay' as in live or stay as in 'stay over/overnight contact'?

Post by **vinny** » Mon Jun 13, 2011 11:36 am

Greenie wrote:the child doesn't need to live with the husband. As long as he has contact with the settled parent this is sufficient.

Edit- sorry Vinny not sure if you meant 'stay' as in live or stay as in 'stay over/overnight contact'?

"Live with", as specified in 248A(ii).

Someones1 · Post by **Someones1** » Mon Jun 13, 2011 5:54 pm

Thank you so much for all your help
Unfortunately I can't afford a immigration lawyer as I want to do something or actually speak to someone about what's the best thing to do as I'm reading everything I just feel so scared if I do the wrong thing and then end up back in Australia earlier then when my spouse visa would have finished
I have 1.5 years left on the spouse visa
Does anyone know a immigration lawyer who can help me ?
My oldest is from a previous marriage and that is the cause for this marriage breakdown
Also he has a child from previous marriage so my baby 8 months old will grow up without one of his siblings if I'm in australia and without his father his family they don't seem to care or want to co operate but I can't help it as a mother I feel the need to exhaust every effort for the well being of my baby
I don't understand if my son lives with me and his father isn't too interested in the idea how could I apply for the access visa thing?
Also does he have to legally divorce me befor I could be sent back
I spoke to some stupid lady who is a lawyer but she said there is t anything I can do and I'll be sent back ...
Im so confused and scared
If anyone knows a good immigration lawyer who can take payments in installments or something please let me know
I'm struggling financially but I can try to come up with something
I really feel confused
Thanks to you all for your help

lickacandy · Post by **lickacandy** » Mon Jun 13, 2011 7:31 pm

hi
im in a similar situation , if u are not working you might qualify for legal aid... theres a company called blakemore solicitor in birmingham ... tel 01212347200 good luck

Post by **Greenie** » Mon Jun 13, 2011 7:43 pm

lickacandy wrote:hi
im in a similar situation , if u are not working you might qualify for legal aid... theres a company called blakemore solicitor in birmingham ... tel 01212347200 good luck

unless op lives in Birmingham or in the same area then she won't be able to instruct this firm. Try http://legaladviserfinder.justice.gov.uk/AdviserSearch to find a local advisor.

Post by **Greenie** » Mon Jun 13, 2011 7:49 pm

See also legal aid eligibility calculator

Someones1 · Post by **Someones1** » Mon Jun 13, 2011 11:07 pm

Ok well.. Something I don't really want to go into detail on here as I'm scared my husband will come accross it
I have some pictures of bruises on my body from him my oldest ( still under10 years) tells people at random who did it and how
I can see all this has affected her sometimes she's in bed crying at night
Or if she hears me crying she comes out crying
Pretty much everything makes her cry
My neighbours saw him outside yelling and hitting my door just after he had pushed me around inside and while I was holding a baby
I don't have anyone here to talk to for help
Is there some kind of help line
Also my daughter is there a way I can get help for her
Can I apply for a divorce because my safety and child's well being is more important then anything to me
Thanks heaps for all your helpful responses
I tried the legal aid site ...
Will see what I can do tomorrow during the day
Oh and I'm in east London ( Essex) so Birmingham is a bit far

Post by **Greenie** » Mon Jun 13, 2011 11:13 pm

Someones1 wrote:Ok well.. Something I don't really want to go into detail on here as I'm scared my husband will come accross it
I have some pictures of bruises on my body from him my oldest ( still under10 years) tells people at random who did it and how
I can see all this has affected her sometimes she's in bed crying at night
Or if she hears me crying she comes out crying
Pretty much everything makes her cry
My neighbours saw him outside yelling and hitting my door just after he had pushed me around inside and while I was holding a baby
I don't have anyone here to talk to for help
Is there some kind of help line
Also my daughter is there a way I can get help for her
Can I apply for a divorce because my safety and child's well being is more important then anything to me
Thanks heaps for all your helpful responses
I tried the legal aid site ...
Will see what I can do tomorrow during the day
Oh and I'm in east London ( Essex) so Birmingham is a bit far

see victims of domestic violence

Someones1 · Post by **Someones1** » Tue Jun 14, 2011 5:00 pm

I spoke to a lady on that legal aid number even though she's in Birmingham she was alot of help
Does anyone know of the same thing but in London ( east London)
Also if I apply for the further leave to remain for me and my daughter because my sons the British citizen first of all

If I don't have a sponsor but I'm looking for work
His father won't write anything stating he wants to know his son
And I don't have proof of financial support as I'm being helped through the kindness of people's hearts the odd donation of food and small notes
Also if I have a sponsor what do they need to proove and how ?
I'm home schooling my daughter should I place her in school to proove our roots here ?
What can I do to strengthen my case so hopefully I'm not refused
What's the chances of refusal ?
And how long does it take to get an answer
If refused how long do appeals take
And finally should I wait until further end of my spouse visa because if I'm denied then I need to leave ( I have 1.5 years left on spouse visa )
Thank you all for your help

Post by **Greenie** » Tue Jun 14, 2011 5:06 pm

Someones1 wrote:I spoke to a lady on that legal aid number even though she's in Birmingham she was alot of help
Does anyone know of the same thing but in London ( east London)

which number did you call? the solicitor recommended by lickacandy in birmingham or did you go through legal adviser finder? If you follow the link I posted for legal adviser finder this will tell you about solicitors in your area.

lickacandy · Post by **lickacandy** » Sat Jun 18, 2011 8:41 pm

if theres any abuse in your relationship it is important that you go and see your GP about the abuse show him the bruses be honest and open up about everything,call the police... see if there's any women organisation against domestic abuse , i have been through see similar situation and i did hide a lot of things and i never opened up to anyone...
all these things will help with future application talk to someone especially your GP and the police
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STLewis · Post by **STLewis** » Fri Jul 01, 2011 10:52 am

HI,

there is a special provision whereby if your marriage has broken down because of domestic violence, which you say you are subject to, then you can apply for indefinite leave to remain on this basis.

para 289A HC 395 provides that where a relationship breaks down due to domestic violence and there is evidence that the relationship was caused to permanently breakdown before the end of that period as a result of domestic violence, the person will be granted indefinite leave to remain.

Keep dates times etc of each incident, take photos of injuries, you say you have bruises. Maybe even go and see your GP.

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