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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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need advice but I am unsure who to approach. I am Female and

Customer Question

need advice but I am unsure who to approach. I am Female and from the UK born and raised I am in love with a women abroad, whom I have been speaking to on skype and have met on several visits abroad. We have had a relationship for over a year, and on my recent visit we got engaged. However she is 27 and got married at the age of 17 she is from pakistan and still resides there. She was unaware of her sexuality when she was married off without her will (her mother was keen to do so because her father had passed away.) she knew from an early time that she didn't like sex and her husband would force her to have sex and often beat her in order for her to comply. They have not had a sexual relationship for a few years now as he also has a mistress however as they have 2 children together she still stays with him. She hasn't divorced him as yet because she has no where to go and her mother has refused to allow her to return. He denied her the right to further education or to drive and there is no support system in place for women, so if she leaves him she will have no source of income and no where to go, I have just completed my studies as a dentist and will be starting full time paid employment in August. So we had decided that she would divorce him as soon as I had the funds to support her. however her husband recorded her voice where she admits to being a lesbian and wanting to leave him. He forwarded this mail on to her brother and now fears persecution. She is worried for her life and fears that they will kill her and take her children. I do not know what to do and even where to approach for advice. Please can you tell me where I stand, what I can do.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Does she have documentary evidence of the possibility of persecution of the family
  • 2. Does she have her passport?

Kind regards.

Tom

Customer: replied 3 years ago.
Hi no but I can tell her to record it the next time he abuses her

And she can't report it to the police otherwise he will tell them she's gay and they could imprison her ..

But she does hAve her passport and when I went recently I had her made An account
Expert:  Thomas replied 3 years ago.

Hi,

 

Has their divorce been registered in Pakistan after the religious ceremony?

 

Tom

Customer: replied 3 years ago.
Hi no she is not yet divorced . Living on the same house but they don't even speak or share beds .. For the last 2 yrs . He refuses to divorce her and if she gets a divorce then he has threatened to tell everyone in the courts why she is getting it . She said she wi still do it but she needs to be secure knowing that she can somehow get to me .
Expert:  Thomas replied 3 years ago.

Hi,

 

 

Sorry, I should have said was the marriage registered in Pakistan?


Tom

Customer: replied 3 years ago.
Yes it is they have been married for 8 yrs I think
Expert:  Thomas replied 3 years ago.

Right.

 

She has two options 1) Asylum or 2) fiance visa.

 

In order to claim asylum she would need to first get to the UK. The requirements to claim are on this page and must be proved by documentary evidence:-

http://www.ukba.homeoffice.gov.uk/asylum/claimingasylum/whocanclaim/

 

Aslyum is very difficult to claim and less than 20% of asylum applicaitons are granted though.

 

In order to apply for and obtain a fiance visa she would first need to be divorced. If granted she would be granted a visa to come here for a period of 6 months within which you should carry out your civil partnership. Once partnered she could then apply for a spouses visa which would be granted for 27 months. After 24 months she could apply for Indefinite Leave to Remain in the UK if she has been continuously resident here.

 

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

She will also haveto pass and english language test showing she has a basic command of spoken and listening English. She can find out approved test providers in his area by contacting the UK embassy nearest to him.

 

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website.

 

 

You should consider instructing a immigration solicitor to prepare an application for you. You can find local solicitors via:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

It's an almost inconceivably difficult situation and you both have my deepest symptahies.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Will it matter if she doesn't get the divorce officially ? Her problem is that he will tell everyone in court , he has recording of us proving she is gay therefore not only will she loose the kids she wil also be arrested ..

I can sponsor her to come to the uk but will I also be able to call the kids
A) if she doesn't get a divorce and just turns up

Wil the uk accept our engagement and upcoming civil partnership if she doesn't get divorced
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your accept.

 

I'm afraid that in order to apply for a fiance visa a person must be officially divorced. She cannot apply for it before she has received her final divorce decree pronouncing her legally divorvced.

 

She needs to speak to a Pakistani family solicitor about her options to divorce and at the same time avoiding the potential criminal proceedings that could flow from it. She will also need to speak about what the residence consequences will be in terms of the children.

 

When she applies for a fiance visa she can also make an application to bring her children her as her dependents, but this will be subject to an civil action taken by the father in respect of not permitting the children to leave.

 

Kind regards,

 

Tom

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Thomas
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BA (Hons), PgDip, Practising Solicitor