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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have just seperated from my partner who is being abusesive

Resolved Question:

i have just seperated from my partner who is being abusesive and violent towards me,at the moment we both have a joint application at the home office for a leave to remain buy now i want to know how i can contact the home office to see if i can inform them of the change of situation and to have them to remove his name from the pending application
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

On what basis have you each applied for leave to remain?

Did you send of two application forms (one for each of you)?

Did you instruct a solicitor for the applications?

Tom
Customer: replied 2 years ago.

we instructed a solicitor to forward the application and it was one single application form with me as the sole applicant and my partner and daughter as my independants ...the ground for the leave to remain is on human right ground

Expert:  Thomas replied 2 years ago.
Hi,

I'm on my way to work now, I will answer at about 9.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Can you tell me more about the human rights grounds that you have cited in your application.

Does your husband not have leave to remain either and is he also not a UK citizen?

How long have you been in the UK?

Tom
Customer: replied 2 years ago.

This is the cover letter the solicitor put in wit the application



Particular hardship to our client if removed



Our client has spent over 8 years of her life in the United Kingdom. She has not returned to Nigeria since her entry.Our client has integrated herself well within her local community and has built up strong ties with the community having built up many friends here with whom she is close.


 


Our client fears returning to Nigeria as she and her family have become well settled here and returning at this stage would be detrimental to her and her family. She has no income, no accommodation or anything to return to whereas she has settled and stabilised in the UK. Our client’s father has also passed away since her entry to the United Kingdom who was her only support in her home country. The fact that he is no longer there could result in her facing undue hardship and having no one to resort to."


 


and backed it up with :


Long Residence - The Relevant Law



The relevant law applicable in this case is Paragraph 276B of the Immigration Rules HC395 (as amended), which state as follows:


(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or


(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and


(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:


(a) age; and


(b) strength of connections in the United Kingdom; and


(c) personal history, including character, conduct, associations and employment record; and


(d) domestic circumstances; and


(e) previous criminal record and the nature of any offence of which the person has been convicted; and


(f) compassionate circumstances; and


(g) any representations received on the person's behalf; and


(iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.




And no my partner does not have a leave to remain and he is not a uk citizen

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

You need to speak with your solicitor about this.

It would affect your application if you are relying on income from your husband. You must be able to show that you can support/accommodate yourself without the need to access public funds in order for the application to have an appreciable chance of being approved.

Therefore, if you are relying on income/capital assets which your husband owns or earns and you say that you do not wish for him to be included in the application then the amount that he has will not be considered when they decide whether or not you are able to support/accommodate yourself on your own.

If you can show sufficient income/assets on your own then you should speak to your solicitor about writing to the UKBA and informing them that you do not wish for him to be noted as a dependent in your application and that you wish for both application to be considered independently of eachother.

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.

According to the application i was able to show i have qualifications up to higher diploma level to work,and also i have a conditional offer for employment at the time of the application pending leave of remain ,and also i have being able to support my application with p45 n p60 of my previous employment.so there was no relying on my husband or public funds.

Expert:  Thomas replied 2 years ago.
Hi,

If you are satisfied that you can support/accomodate yourself without the assistance of your husband and also satisfied that you have evidenced this with supporting documentation (and it sounds like you have) then the application will not be affected by this.

You still need to speak with your solicitor to confirm though, that is what you pay them for :-)

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
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