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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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Filipino Female married to uk male just over a year. Females

Customer Question

Filipino Female married to uk male just over a year. Females two children also came to uk. In the past months male has ill treated female to the extent of police involvement involving possible domestic abuse and a long list of unreasonable behaviour by the male. Filipino female has full time permenant job in uk and both children are at school in uk. All three wish to remain in uk. Are there exceptional grounds under which an I L R to remain in the uk would be granted to female and children if divorce were to take place prior to two years of marriage. Female has alternative housing would be able to support herself and children and would agree not to make any claim against the male. She simply wants away from very difficult living circumstances. Advice please. Thank you
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Did she report the domestic abuse to the police?

Are the children not born of the marriage??

Kind regards.

Tom
Customer: replied 3 years ago.

Yes the abuse was reported to the police . The children are not born of the marriage.

More info. Females age 40. Male husband age 65. Children of femaleonly girl 17 and boy 10.

Female lived with husband, her two children , and the husbands older (38) son. The female was subject to sexual harrasment from the son. Consequently she moved out of the matrimonial home but was persuaded to return (after husband agreed that his son move out and promised to change) . However he has returned to his previous ways..

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

There are no special provision for an application for ILR in the case of spouses visas, save for where the spouse has been subjected to domestic violence by the person who is already settled here.

If there were incidents of physical violence 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:-
 you have been given permission to enter or remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here (even if that permission is no longer valid);
 your relationship was existing and genuine (not a 'marriage of convenience', for example) when you were last given permission to enter or remain; and
 you were the victim of domestic violence, and this is what caused the relationship to break down before the end of your permission to enter or remain.
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:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/dv-victims-settlement.pdf

If she does not make the application under this head then she would be looking at either returning home or finding a job in order to switch to a sponsored skilled workers visas, but she would need a job offer from a licensed employer and meet the points eligibility requirement for this.


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
Can you explain more regarding the skilled workers visa please ie what type of job. She already holda a full time job in a nursing home although I do not know the exact position. I will try and find out. Thanks
Expert:  Thomas replied 3 years ago.

In order to apply for a Tier 2 sponsored skilled workers visa. You need to get a job offer from an employer who is willing to sponsor you to do one of the jobs on this list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

If there are no jobs on that list that you can go then you need this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role, though this might be difficult if there are other accounts officers who could do the role.

If they are willing to sponsor then you will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3

You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for. You should check this first before you look for jobs.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

 

 

Regards,


Tom

Expert:  Thomas replied 3 years ago.

 

I note you have not clicked accept to my answer. Is there any further information you require?

 

If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me.

 

 

Tom

Customer: replied 3 years ago.
Thank You So the only possible way for the female to stay in the uk is to prove that domestic violence had taken place. The female in question would like to be able to leave the marital home and divorce her husband on the grounds of the domestic violence. Would this strengthen her case with the home office. ?? At present she is still staying at the marital home as she fears that if she has takes any action her husband will have her deported. He has threatened that if she attempts to leave the home he will divorce her and have her deported. If he divorces her would this happen. If He divorces her would there be any chance of her ltr visa being given. The main concern is that her children are at now settled in the uk and her daughter has applied to go to university here. Basically looking for advise as to the best course of action for the female to get away from further violent episodes but still retain the ability of getting her ltr visa granted. Thank you
Expert:  Thomas replied 3 years ago.

You have not clicked accept.

 

Please click accept and I will respond.

 

Regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Expert:  Thomas replied 3 years ago.

Yes, She must prove she is a victim of domestic violence by her husband.

 

Petitioning for a divorce would help, but almost as importanntly is the document list I referred you to in my post above. If she proves it then she will receive ILR and her husband cannot deport her.

 

She needs to collate evidence of the violence so that she can submit her application.

 

She can get support from people who will be able to advise her (eg. accomodation) here:-

http://www.womensaid.org.uk/

http://www.refuge.org.uk/

 

Tom

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