Battered Wife(not Mine) And Uk Visas

[daleyboy]

A friend of my wifes was attacked last week by her husband. He was arrested and bailed with provision not to have any contact with her. She is currently on a 2 year spouse visa with no recourse to public funds.

The big problem now is her husband has left her with no money for food and bills etc. and she isnt allowed to claim any type of benefits. What i need to know is can she apply for a visa to stay in the UK as the 2 kids involved are now both settled and in school.

I was told she might be able to apply for asylum because of domestic violence, anybody got any thoughts on this?

Its been 9 years since the wife and i had to go through the visa application processes so i'm not sure what could or couldnt be done.

[7by7]

She doesn't apply for asylum, she applies for ILR. Assuming her children are not British, they can be included in the application.

She should apply as soon as possible, as she is applying as the victim of domestic violence she can apply now and does not have to satisfy the knowledge of life and language in the UK requirement.

There is a fee, but this can be waived if she is destitute.

See Completing application form SET(DV) and links from that page.

[daleyboy]

She doesn't apply for asylum, she applies for ILR. Assuming her children are not British, they can be included in the application.

She should apply as soon as possible, as she is applying as the victim of domestic violence she can apply now and does not have to satisfy the knowledge of life and language in the UK requirement.

There is a fee, but this can be waived if she is destitute.

See Completing application form SET(DV) and links from that page.

Thanks for that info. She was really starting to get worried that there was nothing she could do, hopefully this is all going to work out for her. Thanks again

[Brigante7]

Is the ILR being issued reliant on the husband being convicted of abuse or can the wife withdraw the claim after she recieves her ILR?

Brigante7.

[7by7]

Merely making an accusation of domestic violence is not enough, although a conviction is not necessary.

Para 289A (iv) of the Immigration Rules says

is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that (24 months in the UK) period as a result of domestic violence.

Such evidence should include police and medical records.

[daleyboy]

Well she has a police report, with his bail conditions on it, and her son wittnessed it as well, but she didnt require hospital treatment.

Its a tricky one, was goona take her to the immigration advisory service, but they want evidence of what money she has, but her husband has taken all bank statements. She also cant claim benefits of any sort, and she doesnt have enough money to fly back to Thailand with the kids.

Spoke to a couple immigration solicitors yesterday, and they say its very difficult to get legal aid for immigration problems.

Whats really pissing me off is the fact she is married to an English guy, she has a kid with him as well as her other child, yet no one wants to know or help her.

I am running out of ideas on how i can help her. Looking at the notes for the ilr and not paying the fees if she is destitue. Well she isnt, she is still living in the rented accomodation paid for by her husband, and he has put a small amount of money into her account, but certainly not enough to pay the fees required for ilr.

Edited April 14, 2010 by 7by7
Inaccurate and potentially racist remark removed.

[wolf5370]

Take her to the Citizens Advice Centre. She should be able to at least get both emergency housing (might be in a hostel) and for the kid by him, get both Child Allowance and Child Tax Credits. They will also have access to charities that look after abused foreign wives and they may well help with legal costs, and emergency housing and support.

I had a friend in a similar situation a few years ago - I advised as 7by7 stated (ILR based on an abusive husband) and going to CAB office - but she would not go, and is still with the B*****d. Another I knew (friend of a friend) was told the same thing by her divorce solicitor after her husband was locked up for paedophilia (she had a young kid - but he didn't touch her, it was all to do with video clips and thousands of images on his PC).

[iwad2010]

I have a friend who has suffered like this poor lady. Except, he is the victim of false accusations of domestic violence.

She's now taking him for everything he has. Maybe these two would make a good couple as they have both been through the mill.

[daleyboy]

Thanks for the advice, taking her to immigration advisory service tomorrow then onto cab.

Just a note on the edit on my previous post. It wasn't intended as a racist remark, but rather a comment on the current UK govt and their immigration and asylum policy.

[7by7]

I am not going to discuss editing out the comment in the public forum; if you want to discuss it further PM me.

However, I will say the the point of your remark; that asylum seekers get 'handed everything on a plate' is completely and utterly inaccurate and has absolutely no relationship to the truth of the matter..

Finally, this is a thread about the rights of a battered immigrant wife; not asylum. If any member wishes to discuss asylum; start a new thread. Any further off topic comments or posts will be deleted.

[Thongkorn]

I had a similar Thing, I took a Thai lady to see a solicitor, her Husband of three weeks, (Long story) threw her out. The solicitor said that she could get indefinite leave to remain if violence had been committed against her, that was two years ago. Maybe change now, but worth looking at, and she can get legal aid believe it or not , the solicitor will have a field day with him.

[daleyboy]

Well we went to the immigration advisory service, and they are taking on her case. They are looking for the ilr under the domestic violence rules, so fingers crossed things are looking up for her. She is also seeing a family solicitor next Friday to start divorce proceedings on legal aid. And finally she has to see the police next week to give a full statement with a interpretuer there.

I will keep things updated as and when they happen, and lets hope it all works out for her, because after hearing the full story yesterday of the shit she has put up with for the last few years he deserves a bloody good hiding, because if there is one thing i hate and thats a bully!!!

[sarahsbloke]

I have a friend who has suffered like this poor lady. Except, he is the victim of false accusations of domestic violence.

She's now taking him for everything he has. Maybe these two would make a good couple as they have both been through the mill.

Happened to me too, in the UK no evidence is required by family court .... or the police (but they need evidence for any criminal charges).

Far too many ladies using the domestic violence card as an easy option to grab a guys house.

To the OP, you've seen the bruises/cuts yourself then? Or is it just an accusation of domestic violence?

(Many people see an accusation of domestic violence as a done deal)

Edited April 16, 2010 by sarahsbloke

[daleyboy]

To the OP, you've seen the bruises/cuts yourself then? Or is it just an accusation of domestic violence?

(Many people see an accusation of domestic violence as a done deal)

There are no physical cuts and bruises as he used an open hand slap on her face and then chest, he then ran away when her 13 year old son tried to protect her. Now i know there are always two sides to every story, but after listening to her recount the mental abuse she has suffered for 4 years she is either completely truthful or an Oscar winning actress, while i listened to her tell her story to the immigration people i felt physically sick, and i am no shrinking violet, but how any person could treat a fellow human in this way is beyond my comprehension.

These are just a few of things he did to her. She was never allowed out on her own, if she wanted to go anywhere to see her friends she was always dropped off and picked up by him. If she wanted to go on the Internet she could only do this if he was present in the room. If he wanted to slag of friends and family and she didn't agree with him he would scream and shout at her. She wasn't allowed to cook Thai food because he didn't like it and she had to cook him 3 meals a day. She wasnt allowed to talk to her son in Thai as he would scream at her that she was slagging him off to her son, even though in 4 years he has made zero attempt to learn any Thai. And the list goes on, now IMHO he doesn't want a wife he wants a slave

Edit for spelling

Edited April 16, 2010 by daleyboy

[7by7]

(Many people see an accusation of domestic violence as a done deal)

Fortunately, none of these people are police, lawyers, judges or any one else with any power.

Daleyboy, best wishes and good luck to your friend.

[sarahsbloke]

Now i know there are always two sides to every story, but after listening to her recount the mental abuse she has suffered for 4 years she is either completely truthful or an Oscar winning actress

But pretty much her word against his. Having been in a similar situation to this man (but I had accusations of insanity, attempted murder, child abuse, rape, stalking and suicide attempts as little extras in the accusation game .... from an English wife of 30 years) I can certainly say that pretty much any woman can make up these stories in an attempt to get sympathy/cash/instant occupation of family home/sole custody of children/state benefits/etc. with tears on tap. Their solicitors and female friends actually coach them in the lies to tell.

With all the screaming he did over the last 4 years there must be plenty of witnesses to back up her story!

In the end you can't tell who is lying and who isn't.

Unless you have seen the marks yourself, you don't know what happened, the guy could be a complete monster or she could be the complete monster, you don't know, you aren't in a position to be judge.

I had many arrests and police reports made on me, all ended "no crime disclosed" (the judge ordered the police to give me copies of all their reports on me)

In the last week I have had multiple complaints against the police upheld against 4 police sergeants, 1 officer, 1 PSCO, 3 civilian employees by the IPCC and am now moving on to the compensation stage of proceedings. My complaints included false arrest and imprisonment, unprofessional opinions and personal judgements entered in police reports, false accusations of rape by police officers, police acting outside the law.

Edited April 17, 2010 by 7by7
inflammatory and unwarranted accusation removed.

[torrenova]

To the OP, you've seen the bruises/cuts yourself then? Or is it just an accusation of domestic violence?

(Many people see an accusation of domestic violence as a done deal)

There are no physical cuts and bruises as he used an open hand slap on her face and then chest, he then ran away when her 13 year old son tried to protect her. Now i know there are always two sides to every story, but after listening to her recount the mental abuse she has suffered for 4 years she is either completely truthful or an Oscar winning actress, while i listened to her tell her story to the immigration people i felt physically sick, and i am no shrinking violet, but how any person could treat a fellow human in this way is beyond my comprehension.

These are just a few of things he did to her. She was never allowed out on her own, if she wanted to go anywhere to see her friends she was always dropped off and picked up by him. If she wanted to go on the Internet she could only do this if he was present in the room. If he wanted to slag of friends and family and she didn't agree with him he would scream and shout at her. She wasn't allowed to cook Thai food because he didn't like it and she had to cook him 3 meals a day. She wasnt allowed to talk to her son in Thai as he would scream at her that she was slagging him off to her son, even though in 4 years he has made zero attempt to learn any Thai. And the list goes on, now IMHO he doesn't want a wife he wants a slave.

Edit for spelling

So you, the OP and your wife, knew that this was going on for years and did nothing nor cared enough to intervene, but all of a sudden, your wife's friend has made an accusation against her husband and you totally believe this 3rd hand information ?

You quote her story, which she will deliberately be painting as darker than the blackest cloud to support her case, as if it was a balanced and rational report. It is not. It is one side of a story.

You mention that she is on a spouse visa, which would give her a little over 2 years to fulfil the conditions for ILR but you go on to state that she has been suffering this abuse for at least 4 years. Surely that cannot be correct or she would never have gone to the UK with him or even married him.

Also from your post, the description of just how bad it was with this guy is layered on very thick indeed. I mean, do you actually believe that she was never allowed to cook Thai food ? I don't believe that and I know neither of them. I don't need to know them to know that it is a false statement. I also do not believe that she could not talk to her son in Thai. I don't think any judge would believe that either. It is just too implausible and exactly the sort of remark made by someone who wants to paint the other party as heinous and terrible beyond comprehension. To be honest, they go over the top and that is what it looks like here.

I am truly sorry for people who are abused but I am also truly sorry for the guys who are wrongly accused. The police fall into line and take the side of the female and would do even if she had stabbed her husband without any provocation at all. That is the way the system is and the Thai network knows that all too well as do all the other immigrant networks.

Many people are able to pass off fiction as truth and they do not need to be professional actors to do so. You must remember who has what to gain.

I realise this contrary position may not be popular but the topic is unbalanced and yet there is sweeping condemnation for a man who is innocent until proven guilty. I do not think there is a man here who knows Thai women who will have not come across more than one who would swear the sky was yellow if they thought they could profit from it. And then when found out, just smile sweetly and say mai pen rai. If she is the battered wife the OP claims then fine, let justice be done but we should keep an open mind on this as there are numerous cases of Thai and other immigrant women making up lies to defraud their partners and husbands through false claims of domestic violence.

[daleyboy]

As i said before i understand there are two sides to every story and i am entitled to believe whichever side i choose, but at the end of the day it isn't down to me to decide who is guilty and who isn't i am just offering help and support to one side as i am sure the husband is recieving help and support on his side.

There are some rather unpleasant questions being asked. I have no "interest" in this girl other than trying to help out as i have been asked by wife. Not all men have one track minds

As for her visa situation, i have deliberatley left bits out because to include it all could possibly identify her

I am not going to justify myself any further on here so to the mods please close this thread

Edited April 17, 2010 by daleyboy

[7by7]

There are, as said, two sides to every story; and ideally we should stay neutral and not prejudge the man concerned.

Daleyboy asked for advice on how his wife's friend can stay in the UK. Whilst some discussion of the case is to be expected, there is no need for unwarranted accusations.

Daleyboy has explained his connection to the woman concerned, and some of the evidence presented; which the police, CAB and IAS do seem to be taking seriously.

It is now up to the police and CPS to decide whether to prosecute, the courts to decide if he is guilty and the UKBA whether to grant ILR to the woman and her children. Which is as it should be.

[Clive sorts]

To the OP, you've seen the bruises/cuts yourself then? Or is it just an accusation of domestic violence?

(Many people see an accusation of domestic violence as a done deal)

There are no physical cuts and bruises as he used an open hand slap on her face and then chest, he then ran away when her 13 year old son tried to protect her. Now i know there are always two sides to every story, but after listening to her recount the mental abuse she has suffered for 4 years she is either completely truthful or an Oscar winning actress, while i listened to her tell her story to the immigration people i felt physically sick, and i am no shrinking violet, but how any person could treat a fellow human in this way is beyond my comprehension.

These are just a few of things he did to her. She was never allowed out on her own, if she wanted to go anywhere to see her friends she was always dropped off and picked up by him. If she wanted to go on the Internet she could only do this if he was present in the room. If he wanted to slag of friends and family and she didn't agree with him he would scream and shout at her. She wasn't allowed to cook Thai food because he didn't like it and she had to cook him 3 meals a day. She wasnt allowed to talk to her son in Thai as he would scream at her that she was slagging him off to her son, even though in 4 years he has made zero attempt to learn any Thai. And the list goes on, now IMHO he doesn't want a wife he wants a slave.

Edit for spelling

So you, the OP and your wife, knew that this was going on for years and did nothing nor cared enough to intervene, but all of a sudden, your wife's friend has made an accusation against her husband and you totally believe this 3rd hand information ?

You quote her story, which she will deliberately be painting as darker than the blackest cloud to support her case, as if it was a balanced and rational report. It is not. It is one side of a story.

You mention that she is on a spouse visa, which would give her a little over 2 years to fulfil the conditions for ILR but you go on to state that she has been suffering this abuse for at least 4 years. Surely that cannot be correct or she would never have gone to the UK with him or even married him.

Also from your post, the description of just how bad it was with this guy is layered on very thick indeed. I mean, do you actually believe that she was never allowed to cook Thai food ? I don't believe that and I know neither of them. I don't need to know them to know that it is a false statement. I also do not believe that she could not talk to her son in Thai. I don't think any judge would believe that either. It is just too implausible and exactly the sort of remark made by someone who wants to paint the other party as heinous and terrible beyond comprehension. To be honest, they go over the top and that is what it looks like here.

I am truly sorry for people who are abused but I am also truly sorry for the guys who are wrongly accused. The police fall into line and take the side of the female and would do even if she had stabbed her husband without any provocation at all. That is the way the system is and the Thai network knows that all too well as do all the other immigrant networks.

Many people are able to pass off fiction as truth and they do not need to be professional actors to do so. You must remember who has what to gain.

I realise this contrary position may not be popular but the topic is unbalanced and yet there is sweeping condemnation for a man who is innocent until proven guilty. I do not think there is a man here who knows Thai women who will have not come across more than one who would swear the sky was yellow if they thought they could profit from it. And then when found out, just smile sweetly and say mai pen rai. If she is the battered wife the OP claims then fine, let justice be done but we should keep an open mind on this as there are numerous cases of Thai and other immigrant women making up lies to defraud their partners and husbands through false claims of domestic violence.

Totally agree with your post torrenova.

Edited May 7, 2010 by Clive sorts

[Mrbiggus]

I used to be a member on the thailand-uk.com forum. When word got about through people who I had not even met that my x-Thai-wife was making allegations of DV. I was absolutely furious because I did no such thing. Yet Everyone on the forum believed her. The people in the Town also believed her. In fact the her mamasan works at the Thai consulate in Cardiff and she got extra legal help from two of the solicitors who work there. This caused me great financial loss during the divorce proceedings.

I believe that the rotten liar I unfortunately married and thankfully divorced did not get her British Passport as there was no evidence at all of any DV. Yet somehow she managed to met another guy and marry him in the UK 6 months after my Decree Nisi.

I have heard that they are now going through a divorce.

People like the woman I married are pure evil.

Edited May 8, 2010 by cdnvic
Link removed. Not acceptable material.

[Mossfinn]

I am not going to justify myself any further on here so to the mods please close this thread

With all the other uncorroborated nonsense and rebuttal of your posts, by people who have no knowledge of your particular situation, I tend to agree it should be closed.

[Boo]

agree, please pm me or another mod if you want to update this thread with any further info in future.