Which visa should i apply for

lickacandy · Post by **lickacandy** » Tue May 10, 2011 8:08 pm

to cut a long story short im south african married british citizen we have a son together who was born in s.africa he has british passport and south african passport, marriage broke up during the 2 yr spousal visa due to emotional abuse (not physical violence)i have called the police in 1 occasion but because they said they can arrest him i got scared then lied to them and covered everything for him for the sake of our child)

because i have been on spousal visa im restricted from public funds so when we separated i had to stop wrking bcos i had noone to help with my son and couldnt afford nursary.. therefore i have been living with friends

i know we separated from his controlling ways and more, i have been advised to apply for ILR for domestic abuse but i dont have enough evidence, because when u are in a volnerable situation all you do is hide everything thats going wrong

he has been and still is in contact with our son every week and pays child mantainance and says he doesnt want him to go back to s.afr

not sure if i should apply for ILR domestic abuse or humanrighs
he called border agency 6 months ago to inform them that we separated and they wrote him a letter that they are waiting for an application from me pls help

Post by **Greenie** » Tue May 10, 2011 8:16 pm

when does your visa expire?

Can anyone else provide evidence of the emotional abuse you were subjected to?

When you say he has contact with his son - do you mean direct contact? For how long does he see your son for? How old is your son?

lickacandy · Post by **lickacandy** » Tue May 10, 2011 8:29 pm

Greenie wrote:when does your visa expire?

Can anyone else provide evidence of the emotional abuse you were subjected to?

When you say he has contact with his son - do you mean direct contact? For how long does he see your son for? How old is your son?

[quoteGreenie]

my visa expire in august2011

i have been in contact with a support worker ( from domestic abuse organisation)

he has direct contact with him sees him 2days a week , takes him on holidays, and my son is 3 and half
[/quote]

Post by **Greenie** » Tue May 10, 2011 9:03 pm

domestic abuse is not just about physical violence, it can also include emotional or pyschological abuse. I am sure your support worker has told you about this.

You could apply for settlement under the domestic violence rule, you do need to provide evidence of the abuse - perhaps this is something your support worker can help you with and she should also help you to find a good immigration solicitor/advisor.

See applying for permission to remain on the basis of domestic violence

The alternative is to apply for leave outside the rules on grounds of your family/private life and that of your son. Provide evidence in particular of your life in the UK as well as of the fact that he has regular contact with his father.

Kitty · Post by **Kitty** » Wed May 11, 2011 10:19 am

Are there any court proceedings underway or planned for divorce from your husband and/or to formalise contact with your son?

There is provision in the Immigration Rules for parents to stay in the UK to exercise contact/residence rights with their children if their marriage breaks down. However, you do need to be able to support yourself without recourse to public funds (see 248A.

If you can't satisfy all the requirements of 248A, then as Greenie says you may still be granted discretionary leave on the basis of your and your son's right to family and private life etc.

See also:

http://freemovement.wordpress.com/2011/ ... ion-cases/

lickacandy · Post by **lickacandy** » Mon Aug 01, 2011 1:26 pm

Hi

I have applied for Domestic abuse ILR its been 3 weeks now, i just wanna prepare myself for the worse and know what step to take next

spousal visa expires end of august 2011, my situation at the moment i live with friends with my son and because i cannot afford child care for my son i cannot work my son only goes to nursary for 15 hours goverment funded (i used to work full time before the separation with his dad so im ot lazy)

what i would like to know is what if my application get declined, whats the next step , will i be allowed to appeal? and how much will it cost?
will i be allowed to aplly under human rights? hense my ex partner has a relatioship with our son( they see eachother every week and he pays child mantainance)will i be allowed to apply whilst im still in this country or do i have to go to s.afr to do the application? by the time i receive my documents my visa would have expired...

the problem with that is that my ex will never let me leave the country with our son and has threatened to have a court order stoping my son leaving the country until he is 18, and i will not leave this country without my son

please help

lickacandy · Post by **lickacandy** » Wed Aug 03, 2011 4:55 pm

plz help

Post by **Greenie** » Wed Aug 03, 2011 9:27 pm

lickacandy wrote:Hi

I have applied for Domestic abuse ILR its been 3 weeks now, i just wanna prepare myself for the worse and know what step to take next

spousal visa expires end of august 2011, my situation at the moment i live with friends with my son and because i cannot afford child care for my son i cannot work my son only goes to nursary for 15 hours goverment funded (i used to work full time before the separation with his dad so im ot lazy)

what i would like to know is what if my application get declined, whats the next step , will i be allowed to appeal? and how much will it cost?
will i be allowed to aplly under human rights? hense my ex partner has a relatioship with our son( they see eachother every week and he pays child mantainance)will i be allowed to apply whilst im still in this country or do i have to go to s.afr to do the application? by the time i receive my documents my visa would have expired...

the problem with that is that my ex will never let me leave the country with our son and has threatened to have a court order stoping my son leaving the country until he is 18, and i will not leave this country without my son

please help

If your application is refused and your visa has expired by the time the decision is made, you will get a right of appeal and will be able to remain in the country whilst the appeal is under consideration. yes you will be able to argue human rights grounds is such an appeal and would have a strong case on such grounds.

even if your applicaiton for ILR under the domestic violence rule is refused, the decision maker should consider your family life with your son as his relationship with his father. I presume you have sent evidence of this to the UKBA with your application? I would be surprised if they didn't give you at least further leave on the basis of your son, but it is not possible to say for sure without knowing more information.

lickacandy · Post by **lickacandy** » Thu Aug 04, 2011 6:45 pm

hi greenie

i have received an e-mail from my solicitor and she says my application have been approved,

i didnt expect it to be so quick its only been 3 weeks since i've submited the set dv application

Thanks guys for all your help

Post by **Greenie** » Thu Aug 04, 2011 9:19 pm

lickacandy wrote:hi greenie

i have received an e-mail from my solicitor and she says my application have been approved,

i didnt expect it to be so quick its only been 3 weeks since i've submited the set dv application

Thanks guys for all your help

good for you lickandy, now you can move on with your life.

lickacandy · Post by **lickacandy** » Fri Aug 05, 2011 6:26 pm

YES

ITS BEEN 2 LONG YEARS OF ABUSE,HOMELESS E.C.T

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Which visa should i apply for

Which visa should i apply for