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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi. I am a victim of domestic violence. my husband cheated

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hi. I am a victim of domestic violence. my husband cheated me and my family's financial support and used deceptive method(e.g. faked marriage certificate and other offical documetns) to apply his cousin to England as his dependant. I was married with him in the england in 2005 and we had a 7-year-old boy. I was stupid enough to realize my husband and his cousin 's relationship until their daughter was born. Due to cultural difference, I keep everything in my heart. during these years, I suffered numerous violence and harrassment. finally, I made up my mind to leave this home. I tried my best to get my son away. my husband and his cousin used different methods to stop me. they keep my son and used him as a weapon against me. I havent seen my son a while. Due to my status I couldnt receive any public funds. I work but my wage is just for my living.
I need to leave this country by the 1 of Nov this year. so with my husband and my son's visas. but the reason why my husband keeps my son is to use my little one as an excuse to get the stay here. Please tell me what I can do. I don't want to overstay here. I need my son. I am a mum. please, please give me some advice. Thanks a lot.
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is your nationality
2. Are you on a spouse visa
3. Why do you have to leave by 1 November, has your visa been curtailed (ie. terminated) by the UKBA?
Kind regards.

Customer: replied 5 years ago.



Thanks for your efficient reply.


I am Chinese and holding a Tier4 student dependant visa at the moment. My husband, my son and my visa will expire 1st Nov 2012. My husband's cousin came to England with a student dependant visa and expired at the end of Nov 2007. She is overstaying here.

Due to my circumstance, I have asked for help from a local charity. they asked me to sort out my visa first and then start a battle with my husband.

I am very miserable and dont know how to renew my visa according to my personal situation. my husband keeps every important document including my son's passport, birth certificate and my things. I got my replacement passport. that's the only ID I have with me.

As early as Jan this year, my husband sent life-threatening txt messages to me. I reported to the police. The police contacted him later on, maybe giving him a veral warning something like that. As he has got the record of body assault to me from the police records.


Is your husband going to apply to extend his visa?

Customer: replied 5 years ago.

My little one was born in this country and never left here。 My husband would use so-called human rights ACT TO apply DLR。He would say HE HAD STABLE FAMILY LIFE HERE.(HE, HIS COUSIN, THEIR DAUGHTER AND MY SON)


What nationality is your son?

Has your son been in the UK for the whole of his life?

Customer: replied 5 years ago.







Thanks for your patience.

The best thing you could do is instruct a solicitor. I know that it is expensive but your situation is so complicated that it’s the only way that I can see this being resolved in your favour.

If your husband is not British and neither is his son then he will be applying attempting to establish that because your son has spent all of his life in the UK it would be contrary to his Article 8 right to a private life to uproot the child back to China. This application is not very easy and his chances of being successful are very slim.

Only if your husband/son receive further leave to remain in the UK will you possibly have a chance of making an application on a discretionary basis or as a person with access rights to a child in the UK.To be successful you would have to show that you have an agreement or a court order that you will have contact and/or residency with the child.

In order to get residency of the child you would have to commence a Children’s Act application for a residency/contact in the family or county courts here, so this is another area that you could do with specific advice from a solicitor. You really need to instruct one to help you, asking this service is not a substitute because if you make an application for a residency/contact order and/or an application for leave to remain on a discretionary basis then things are going to get very complicated very quickly.

I am sorry that you are in this horrendous position

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Kind regards,

Customer: replied 5 years ago.

Thanks so much. I have got a clear picuture of what I should do now. My concern is that does it help if I present some domestic violence picture and police log in details to the court although it happened long time ago.I feel so sad because my son doesnt want me now as his dad mentally poisoned him. He told his school teacher dad got mad and shouted to him when he knew I came to school to see my son. I used Home office online report forms twice and crime stopper service, reporting my husband and his cousin's illegal things. but it seems not working at all, no reply so far. does it mean home office 'allows' overstaying???



If you make an application then your leave to remain will effectively be extended until the application has been approved or rejected by the UKBA.

The domestic violence may be helpful in terms of making a children's act application but it's more or less neutral in terms of your immigration application because you cannot make a Domestic Violence application for settlment because you are not here as a spouse of a UK citizen.

Please rate my answer.

Kind regards,

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.


Which application form should I use for extendING MY Visa?

It's going to be FLR(O) but you need to see a solicitor first.

Please rate my answer. You have not yet.