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Here On Spouse Visa, Possibly Getting A Divorce. Would I Be Able To Stay?


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#1 atrophy

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Posted 12 April 2009 - 01:16 PM

Hi all,

I dated an English guy for close to two years in NYC, US before we decided on getting married and for me to come to England with him. I am an Indonesian citizen, here on a spouse visa. However, it has been a miserable 10 months for me and we might be getting divorced soon. He has been physically, verbally, and mentally abusive- everything he was not when we were together in NYC.

Some pointers about my situation:
  • I started working full time within 3 weeks upon arriving in England- I have my NI number and I pay all the taxes I'm supposed to be paying.
  • I never claimed any benefits from the system and not planning to start doing so.
My question is, would getting a divorce jeopardize my status here as my spousal visa is due to expire in March 2010? How would I go about remaining a legal UK resident if I am to divorce? What are my options?

Any input would be greatly appreciated. Many thanks in advance.



#2 dtaye16

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Posted 12 April 2009 - 01:29 PM

Hi all,

I dated an English guy for close to two years in NYC, US before we decided on getting married and for me to come to England with him. I am an Indonesian citizen, here on a spouse visa. However, it has been a miserable 10 months for me and we might be getting divorced soon. He has been physically, verbally, and mentally abusive- everything he was not when we were together in NYC.

Some pointers about my situation:

  • I started working full time within 3 weeks upon arriving in England- I have my NI number and I pay all the taxes I'm supposed to be paying.
  • I never claimed any benefits from the system and not planning to start doing so.
My question is, would getting a divorce jeopardize my status here as my spousal visa is due to expire in March 2010? How would I go about remaining a legal UK resident if I am to divorce? What are my options?

Any input would be greatly appreciated. Many thanks in advance.



Sorry for your situation but i would rather tell you to try and talk to your husband since its too early for divorce and also concerning your stay here you will not be given any leave cos its all because of your husband you have been given your stay unless you are both having a child together which can be of consideration for you but without this am so sorry you will have to go back to indonesia,if am wrong someone should correct me.

#3 casualwalks

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Posted 12 April 2009 - 03:10 PM

Sorry for your situation but i would rather tell you to try and talk to your husband since its too early for divorce and also concerning your stay here you will not be given any leave cos its all because of your husband you have been given your stay unless you are both having a child together which can be of consideration for you but without this am so sorry you will have to go back to indonesia,if am wrong someone should correct me.



This advice is utter Rubbish! I loathe when people advise that posters should stay with abusive partners because of immigration issues!

Atrophy, have you reported any of this abuse to the police? Have you have been seen at the hospital/Gp as a result? Do you have evidence of your situation?

The UKBA is quite clear on this issue, NO ONE should have to stay in an abusive relationship because of their immigration status! Victims of domestic violence can apply for indefinite leave to remain. Here's the link http://www.bia.homeo...ettlement/setdv.

Do you have any support at the moment?

Here are some agencies that provide support to women in your position:

http://www.womensaid.org.uk/
http://www.refuge.org.uk/

Take care of yourself, make sure you are safe.

Edited by casualwalks, 12 April 2009 - 03:19 PM.


#4 atrophy

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Posted 12 April 2009 - 05:36 PM

Casualwalks, many thanks for your post indeed.

I have never reported any of the abuse to the police because I'm too nice and too stupid to do so. However, his parents are well aware of this abuse, and so is my manager at work as she has seen the bruises he gave me. And the last time he slapped me, his dad had to shield me from him. That's when I packed up and left him. I am renting a room with some friends and have been living away from him for almost a month.

I am okay financially as I work and I am fortunate enough to have made some good friends during my stay in England the past 10 months. My concern is my immigration status as I would like to remain here to keep working and work towards a future, with or without my husband.

I will be seeking professional legal advice once the Easter weekend is over.

Edited by atrophy, 12 April 2009 - 05:38 PM.


#5 Visa Direct

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Posted 12 April 2009 - 05:47 PM

Hi all,

I dated an English guy for close to two years in NYC, US before we decided on getting married and for me to come to England with him. I am an Indonesian citizen, here on a spouse visa. However, it has been a miserable 10 months for me and we might be getting divorced soon. He has been physically, verbally, and mentally abusive- everything he was not when we were together in NYC.

Some pointers about my situation:

  • I started working full time within 3 weeks upon arriving in England- I have my NI number and I pay all the taxes I'm supposed to be paying.
  • I never claimed any benefits from the system and not planning to start doing so.
My question is, would getting a divorce jeopardize my status here as my spousal visa is due to expire in March 2010? How would I go about remaining a legal UK resident if I am to divorce? What are my options?

Any input would be greatly appreciated. Many thanks in advance.



Sorry for your situation but i would rather tell you to try and talk to your husband since its too early for divorce and also concerning your stay here you will not be given any leave cos its all because of your husband you have been given your stay unless you are both having a child together which can be of consideration for you but without this am so sorry you will have to go back to indonesia,if am wrong someone should correct me.


Very poor advice. To the poster you should seek professional advice. There are some voluntary organisations than can also help with domestic violence.

#6 Gentleman of Leisure

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Posted 12 April 2009 - 05:50 PM

http://www.bia.homeo...mesticviolence/

#7 Dani_Frances

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Posted 12 April 2009 - 07:13 PM

Sorry for your situation but i would rather tell you to try and talk to your husband since its too early for divorce and also concerning your stay here you will not be given any leave cos its all because of your husband you have been given your stay unless you are both having a child together which can be of consideration for you but without this am so sorry you will have to go back to indonesia,if am wrong someone should correct me.


Wrong, wrong, wrong. You are actually advising someone to stay with an abusive partner?! You are saying she should try & rationally talk to a person who has been abusing her physically, mentally & verbally for a large amount of time? Sure..... I am so sick of the countless people who advise this on this forum.

As the others have stated, the OP could have a chance in applying for ILR through being a victim of domestic abuse. Def follow these links & seek help from a solicitor who may be able to help regulise your stay, OISC reg if possible :)

Best of luck with everything & please stay safe!

Edited by Dani_Frances, 12 April 2009 - 07:14 PM.


#8 Guest_sincere2008_*

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Posted 12 April 2009 - 07:57 PM

Hi

What solicitor would do here.Just charge this poor girl a big fee.

you need to gather as much proofs possible regarding Domestic Violance like Police Report,Appoiment with GP,Witness reports,neighbours

report,appointment with social services ect.

Then you can apply on ILR on basic of domestic Violance.
If I am at your place I would waste no time to report to Police.Then I would make an appoint to GP that I am suffering stress and depression.


SINCERE

#9 Dani_Frances

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Posted 12 April 2009 - 08:25 PM

you need to gather as much proofs possible regarding Domestic Violance like Police Report,Appoiment with GP,Witness reports,neighbours

report,appointment with social services ect.


If I am at your place I would waste no time to report to Police.


Totally agree!!

#10 Guest_sincere2008_*

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Posted 12 April 2009 - 09:25 PM

Hi Dani

Thanks for your agreement with my advise.

You know solicitor can not gather documents for her.

Regard


SINCERE




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