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We will refer to the lady as Ann for ease of reference.
Ann arrived in uk December 2009 with a fiance visa. She married on 1st may 2010.
Her present visa will expire in June 2012 when she would apply for her Leave to remain visa.
There has been minor physical abuse but mostly costant threats and intimidation together with the sexual harrasment from her husbands older son. XXXXX XXXXXves in constant fear that the threats will escalate into actuail bodily attack.
The husband constantly threatens deportation if Ann does not do exactly as he asks.m
He has now also told her that He will divorce her and arrange for her immediate deportation back to the phillipenes. However Ann thinks this may just be another threat.
The main aim is for Ann to be able to seperate and divorce from her husband and take herself and children out of the situation.
Any advice you can supply will be welcome. However the main questions are as follows.
1) If the husband does divorce Ann will she immediately be sent back to phillipenes.
2) If Ann divorces her husband will she be sent back to Phillipenes.
3) Is there any advantage or disadvantage as to which party petition for divorce.
4)In the event of divorce what obtions are open (other than to remarry) to Ann to obtain her Leave to Remain Visa.
5) If Ann were to divorce and remarry would that gaurantee her Leave to remain visa.
6)In the event of question 5 would Ann still be able to obtain her leave to remain visa in June 2012. .
Thanks for your reply. Your numbered questions 1-6 are more than originally asked in your first post but I will assist.
1) If she divorces and they do no have UK national children the UKBA would curtial her vsia and she should return to her home country. They UKBA are not too great in enforcing this thoguh.
2) See 1 above. Same situation.
3) No, not in terms of matrimonial financial settlement or her visa issues
4) See below
5) No guarantee, no.
6) Almost certainly not.
If there were incidents of physical violence and/or threatening behaviour where she feared being struck by her husband and she reported them to the police then she may be able to make an application for ILR on this basis. The basic requirements are:-
She would have to produce documentary evidence of the domestic violence, statements and evidence of police report/action taken.
She would have to apply using the UKBA's form SET(DV) which is available for download from their website. There are some guidance notes on the application here:-
If she divorces him and then immediately marries you then she could try and apply to the UKBA for a further spouse visa. She could not apply for ILR on the basis of her previous marriage because it is a conditoin that she is still married to the person named as her spouse/fiance in the original application.
The UKBA would have reservations about your relationship probably and you woulld have to produce documentary evidence corroborating the credibility of your relationship. Technically she would also cease to have leave to remain here when she and her husband consider that they are separated (not actually divorced) so they could conceivably attempt to reject on this basis but I should think that if they accept your relationship/marriage as genuine then they will probably overlook this.
If it is the case that she must return home then she can make an applciation from there based upon your marriage or impending marraige.
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Thank you for your help. Please could you expand a little on your answers in
1) ''The UKBA are not to great in enforcing this'' .
Are you saying that whilst the UKBA should, in the event of the divorce, curtail her visa and she return home that in probability they will not enforce this ??
2) What sort of documenentary evidence would we need to produce to corroborate the credibility of our relationship?? To expand more The relationship is genuine and Ann and her two children would be living with me at the time of application for the spouse visa.
3) I assume that once divorced there is nothing,with regard to the visa situation, to prevent her from marrying me ??
1) They will curtail her visa, which means she would cease to have leave to remain in this country. By enforcing it I mean deportation and the UKBA resources are stretched to such an extent that it is difficult for them to pursue each curtailment with a view to deportation. Unless she pops in to their office it's unlikely she will hear from them.
2) Correspondence, emails, letters, evidence of phone calls (mobile phone records), evidence of transfers of money, photos, evidence of trips away etc.Proof of living together. Your separate statments).
3) Once she is divorced there is nothing preventing you from actually marryiing. The visa situation is, thereafter, as explained above.
Thanks for your accept. Kind regards,
Thank you Tom
In the event of your answer 1
If the visa is curtailed would that affect Anns ability to apply for employment ??
Also how would this affect her children ?? I.e application for acceptance into schools etc.
To explain Ann is employed at present as a care assistant in a old persons home.
The children 18 and 10 are at school .
Both are in her present location Should she move in with me the children would have to change schools and she would want to apply for employment nearer . ??
Lastly if her visa were curtailed would that prevent re application for the spouse visa once she had re married
Technically, yes - the UKBA would be entitled to refuse any visa application she makes once they have separated because she would cease to have leave to remain. The safest way to get approval would be for her to return home and apply from there, but she could attempt to make the applicaiton in country arguing that her chlidren would be prejudiced by returning home because of their school and if the application is well drafted and organised and free from other defects then it may be successful.
Ann has a daughter who will be 18 in December 2011. How will the divorce and Ann getting married affect the daughters situation with regard to her visa.
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