How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6438
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Family Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

hi. I am a victim of domestic violence. my husband cheated

Resolved Question:

hi. I am a victim of domestic violence. my husband cheated me and my family's financial support and used deceptive method(e.g. faked marriage certificate and other offical documetns) to apply his cousin to England as his dependant. I was married with him in the england in 2005 and we had a 7-year-old boy. I was stupid enough to realize my husband and his cousin 's relationship until their daughter was born. Due to cultural difference, I keep everything in my heart. during these years, I suffered numerous violence and harrassment. finally, I made up my mind to leave this home. I tried my best to get my son away. my husband and his cousin used different methods to stop me. they keep my son and used him as a weapon against me. I havent seen my son a while. Due to my status I couldnt receive any public funds. I work but my wage is just for my living.
I need to leave this country by the 1 of Nov this year. so with my husband and my son's visas. but the reason why my husband keeps my son is to use my little one as an excuse to get the stay here. Please tell me what I can do. I don't want to overstay here. I need my son. I am a mum. please, please give me some advice. Thanks a lot.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is your nationality
2. Are you on a spouse visa
3. Why do you have to leave by 1 November, has your visa been curtailed (ie. terminated) by the UKBA?
Kind regards.

Tom
Customer: replied 2 years ago.


Dear XXXXX,


 


Thanks for your efficient reply.


 


I am Chinese and holding a Tier4 student dependant visa at the moment. My husband, my son and my visa will expire 1st Nov 2012. My husband's cousin came to England with a student dependant visa and expired at the end of Nov 2007. She is overstaying here.


Due to my circumstance, I have asked for help from a local charity. they asked me to sort out my visa first and then start a battle with my husband.


I am very miserable and dont know how to renew my visa according to my personal situation. my husband keeps every important document including my son's passport, birth certificate and my things. I got my replacement passport. that's the only ID I have with me.


As early as Jan this year, my husband sent life-threatening txt messages to me. I reported to the police. The police contacted him later on, maybe giving him a veral warning something like that. As he has got the record of body assault to me from the police records.

Expert:  Thomas replied 2 years ago.
Ok.

Is your husband going to apply to extend his visa?

Tom
Customer: replied 2 years ago.

My little one was born in this country and never left here。 My husband would use so-called human rights ACT TO apply DLR。He would say HE HAD STABLE FAMILY LIFE HERE.(HE, HIS COUSIN, THEIR DAUGHTER AND MY SON)

Expert:  Thomas replied 2 years ago.
Hi,

What nationality is your son?

Has your son been in the UK for the whole of his life?

Tom
Customer: replied 2 years ago.


hi


 


My boy is Chinese。 HE HAS NEVER LEFT ENGLAND SINCE HE WAS BORN.


 


 

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

The best thing you could do is instruct a solicitor. I know that it is expensive but your situation is so complicated that it’s the only way that I can see this being resolved in your favour.

If your husband is not British and neither is his son then he will be applying attempting to establish that because your son has spent all of his life in the UK it would be contrary to his Article 8 right to a private life to uproot the child back to China. This application is not very easy and his chances of being successful are very slim.

Only if your husband/son receive further leave to remain in the UK will you possibly have a chance of making an application on a discretionary basis or as a person with access rights to a child in the UK.To be successful you would have to show that you have an agreement or a court order that you will have contact and/or residency with the child.

In order to get residency of the child you would have to commence a Children’s Act application for a residency/contact in the family or county courts here, so this is another area that you could do with specific advice from a solicitor. You really need to instruct one to help you, asking this service is not a substitute because if you make an application for a residency/contact order and/or an application for leave to remain on a discretionary basis then things are going to get very complicated very quickly.

I am sorry that you are in this horrendous position

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.


Thanks so much. I have got a clear picuture of what I should do now. My concern is that does it help if I present some domestic violence picture and police log in details to the court although it happened long time ago.I feel so sad because my son doesnt want me now as his dad mentally poisoned him. He told his school teacher dad got mad and shouted to him when he knew I came to school to see my son. I used Home office online report forms twice and crime stopper service, reporting my husband and his cousin's illegal things. but it seems not working at all, no reply so far. does it mean home office 'allows' overstaying???


 

Expert:  Thomas replied 2 years ago.
Hi,

If you make an application then your leave to remain will effectively be extended until the application has been approved or rejected by the UKBA.

The domestic violence may be helpful in terms of making a children's act application but it's more or less neutral in terms of your immigration application because you cannot make a Domestic Violence application for settlment because you are not here as a spouse of a UK citizen.

Please rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 2 years ago.


HI,


Which application form should I use for extendING MY Visa?

Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)