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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6400
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi im just wondering if you can help me i have a friend who

Resolved Question:

hi im just wondering if you can help me i have a friend who has come over from nigeria to visit she come as a family her and her husband and children the husband has now left her and took there travel documents and has since been recieving threatning texts on her fone from him she doesnt want to go back and is feared for her life how do we go about sorting this out
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Where is the husband now?

When does her visa expire?

Tom
Customer: replied 1 year ago.

her husband has gone back to nigeria and her visa expires on the 23rd of this month

Expert:  Thomas replied 1 year ago.
Hi,

What is the nature of the texts? Can you give me an example of the threats please?

What is her desired outcome here ultimately?

Tom
Customer: replied 1 year ago.

one of the texts says if you come back to our home i will have you and children killed and nobody will ever no were to find your remains .... the outcome would be for her to remain here with her friends where is safe

Expert:  Thomas replied 1 year ago.
Okay.

What about the children?

Tom
Customer: replied 1 year ago.

she has them here with her

Expert:  Thomas replied 1 year ago.
Drafting your answer now.

Tom
Customer: replied 1 year ago.

ok thanks

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There is no easy way out of this. Because she is here as a visitor and not after being granted leave to remain as the spouse of a person settled in the UK she is not able to apply for Indefinite Leave to Remain on the basis of the domestic violence provisions.

This means that her only option would be to make a claim for asylum.
Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.

In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
 membership of a particular social group.

As you will see that is possible that she would suffer domestic violence if she were returned does not immediately put her in one of the above groups. The UKBA would probably take the view that she should be returned to her home country and avail herself of the support of the government for sufferers of domestic violence.

Claiming asylum would buy her some time whilst the application is in process so that she could better prepare for her ultimate return to Nigeria. If she were able to show that there is persecution of wives/children who are separated from their husbands then the asylum claim would be more likely to be successful.
She needs to be well prepared. She should see a solicitor here immediately for direct consultation. You can contact Asylum Aid too, which is an asylum charity who can offer advice on how to proceed with preparing their claim and actually claiming asylum:-
 http://www.asylumaid.org.uk/pages/how_to_get_advice_from_asylum_aid.html

It’s going to be extremely difficult for her to claim asylum successfully though I would caution.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
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