Failed Marriage While on a Visa in the UK

[Thongkorn]

If a Marriage fails In the UK ,with a UK national and a Thai lady. Does the Thai lady have to leave the Country. Or can she stay till the end of her visa, The Person in Question has Just got a two year Visa extension. She has decided that she has had enough of the Abuse from her partner and wants to leave Him, Some of her friends have offered to take care of her till her Visa expires, Would this be legal, Any thought would be appreciated,

[7by7]

Strictly speaking; yes, as the reason for her living in the UK no longer exists.

Though in practice she could remain until her current leave to remain expires.

However, you say "She has decided that she has had enough of the Abuse from her partner and wants to leave Him......"

In which case, she may be able to apply for ILR under the domestic violence rules.

See:

• Victims of domestic violence
• Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
• Completing application form SET(DV)

[bobrussell]

Domestic violence accusations are, I suspect the most abused route to ILR.

It is both difficult to prove or disprove DV (which does not need to be physical).

If there are Police and/or medical reports providing evidence may not be that difficult but without being able to produce a credible pattern of abuse it can be a problem demonstrating to the UKVI that a visa should be granted.

The first thing to decide is whether she wishes to remain in the UK. From what I have gathered it would be unusual for a visa holder to be made to leave the UK before the visa expires. A further visa would not be granted so the person would have to return home.

If she wishes to remain in the UK then it can be very helpful to contact one of the many refuges for help and advice. A consultation with an experienced immigration expert is strongly advised!

A sponsor is not liable financially but officially the Home Office should be informed of a change of circumstances.

As an aside victims of DV can claim benefits immediately (not just on receipt of ILR). I have no idea if these have to be paid back if the applicant is not granted ILR. This is all designed to prevent anyone at risk having to remain in an abusive situation.

Edited February 4, 2014 by bobrussell

[howerde]

If abuse is occuring make sure it is reported now, and keep a history

[7by7]

The evidence of domestic violence required can be found in Section 4 of Form SET(DV). They wont just take her and/or her friend's word for it.

Note that if she is going to do this, she must do so as soon as possible after the breakdown of the marriage and not wait until her current leave expires.

Also, if she can show she is destitute, then she may be able to apply for free.

Domestic violence help.

[Thongkorn]

Thanks for all the positive helpful reply's,

Yes she has had the police attend on one instance, So that is documented, also the two trips to Pattaya alone leaving her in the UK. would that class as desertion.

[howerde]

Thanks for all the positive helpful reply's,

Yes she has had the police attend on one instance, So that is documented, also the two trips to Pattaya alone leaving her in the UK. would that class as desertion.

Does he live there for extended times or is it just holidays, there is no crime going holiday alone, but keeping all evidence builds a picture which is what will be needed if she wants to remain in UK

[Thongkorn]

Thanks for all the positive helpful reply's,

Yes she has had the police attend on one instance, So that is documented, also the two trips to Pattaya alone leaving her in the UK. would that class as desertion.

Does he live there for extended times or is it just holidays, there is no crime going holiday alone, but keeping all evidence builds a picture which is what will be needed if she wants to remain in UK

No just books them and goes, no thought of taking her with him

[bobrussell]

This sort of behaviour is not likely to be enough in itself. More the behaviour is that of a cr*p husband! If it is done in a manner to intimidate and degrade it has a place in the file of evidence. Desertion is not domestic violence IMO.

Good starting advice at http://www.womensaid.org.uk/ . A guide to the types of behaviour that an abuser may use! Having seen this situation at fairly close quarters I was relieved when a relative received her ILR within a week of application!

Not for a second making any judgement on this case but false accusations of domestic violence make it much tougher for those in real trouble!

Good luck!

[theoldgit]

Off topic posts removed.

[7by7]

Do you (7by7) know the guy who is accused of abusing her?

Do you know HIS story?

No, I don't and neither do you.

The OP has come to this forum for advice, and as with all who do we have to take the circumstances at face value and offer the best advice for those circumstances.

That is what this part of TV is for visa and immigration advice; not to jump to the ignorant conclusions you have done. If you don't like that then don't read this sub forum.

If the woman is lying, then she wont be able to provide the required evidence to obtain ILR under the domestic violence rules anyway.

I am fully aware that husbands can be, and are, the victims of domestic abuse and violence, too. Although in the vast majority of cases, in the UK at least, it is the husband who is the abuser and the wife the victim.

But because you were a victim of abuse and violence by a Thai spouse does not mean that all Thai women are abusive and violent; just as because some Thai women are the victims of abuse by their British husbands does not mean all British husbands are violent abusers.

As for Ants story; to get an injunction and certainly to get ILR citing domestic violence his wife must have produced more evidence than just her word.

Have either of you read the links provided earlier? I doubt it.

[FiftyTwo]

On reflection, I guess I could add one other bit of my insight. To those that think any Thai should just be deported, with no rights...... How about the same rule be applied to you here in Thailand. If your Thai girlfriend or wife leaves you, you simply must be deported. Same logic so must be that you feel this is OK also??

Thinking that one gender, or ones nationality makes one superior to others is a very sad state of mind to live with..........I can only hope your head does not hit the curb but sounds to me like it already has.

Just to point out, if you are here on a marriage extension, and your wife reports marriage failure to immigration, you have 7 days to leave the country. No evidence required, just the report from your wife.

[Ants]

Just a quick one,,,

You said your freind has people who can take care of her during this problem,,,

I bet all her freinds are Thai to,,,

Because my wife had 1 Thai freind here,,,this became about 30-40 Thai freinds in a couple of months,,,,

I wasn't physically abused,,but the mental torture became unbearable,,,

And the abuse from Thai girls who don't even know me or really know my wife was extreme,,,,,

But hay

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[Ants]

Honestly I wasn't even questioned by police,,,,nothing,,,

I'm the kind of guy to just walk out the door for Afew hours to let it calm down,,,,

If anything I have lots of evidence on my iphone of the abuse she gave me everyday,photos of scratches on my arms,,in one message you can even hear her attacking me,,,,

But no one was interested to see any of it,,,,,,

Says it all about this shit country now,,

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[7by7]

7 by 7 is wrong.

No physical evidence of abuse is required in the UK.

Beyond the evidence of the police report. "She said he hit her" will do it.

It seems that you, too, are incapable of following links. Click on the blue bit.

Immigration rules, para 289A(iv)

(iv) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence

Form SET(DV) Section 4

In this section we ask for information and documentary evidence to satisfy us that you are a victim of domestic

violence. You must answer the relevant questions and provide evidence from independent and objective sources.

The documents must relate to violence committed against you by your partner and/or by his or her family. Where

available, the evidence must come from the sources detailed below but you may also provide evidence from other

sources. We do not accept witness statements by your friends or family, or letters from official sources that only

provide unproven reports.

(My emphasis)

Read on and you will see the types of documentary evidence required and from whom.

[Notable]

She should be deported regardless of any evidence showing proof of domestic abuse. The UK's immigration policies have systematically destroyed its indigenous culture. I don't blame Thailand for its visa policies, they could introduce a mandatory Thai language requirement for long term ex-pats.It wouldn't surprise me if they do either. If this was a falang woman here she'd be told to get a Thai lawyer, who would be rubbing his hands together at the prospect of how much he could bleed out of her. Before she got sent home.

[7by7]

Have you, Fifty Two, read the SET(DV) form where the types of required evidence is listed?

I have no knowledge, of course, of your personal circumstances, but if your (presumably ex) wife did obtain ILR via the domestic violence route then she must have been able to show that she qualified by producing the required evidence.

[7by7]

And what's the fuzz about coming to this forum for "HELP" anyway?

Because that is what this forum is for!

[Ants]

She had no evidence against me,,,

No questions asked,,,

So how did she get the right to remain then????

I thought at least I would have been questioned,,,

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[Ants]

Made me laugh to,,,,

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[Thongkorn]

Thank for the input have read through the reply's.

Yes I do know of the guy, only by acquaintance.

I totally believe her. And seen the way he treats her and his attitude towards her. Along with others, English and Thai people.

I have seen the scare she received from an incident. and so have others. He is just a control freak who needs some counseling

[peecee]

...if she was being 'abused'...why did she go to the trouble of having her visa renewed for 2 years....???

...why didn't she just leave,,,,,,

...seems to me you just revealed some conniving on you and your friend's part.....

A lot of questions remain unanswered. Police attending means nothing unless he was cautioned/prosecuted, if no one else was there who's to say he will argue that she flew into a rage after finding out he was off to Pattaya alone and he hurt her whilst restraining her, or she may have thought he was about to get her sent home(I've seen several Thai women with short fuses kick off quite violently when things are not working out as they had hoped).

If she is poor then wanting to stay in the UK will be very appealing; women's refuges sort out ILR and help with accommodation and food. She will also be able to claim benefits. This'll give her ample opportunity to find another more considerate partner. Getting a refuge onside will help when it comes to the Home Office were as leaving everything to the last minute will go against her.

[theoldgit]

Numerous off topic and nonsensical posts, and their responses, removed.

The OP was asking for guidance, that's what this forum is for.

If you have something constructive and relevant to say, then please post, if not please stay away from this thread.

Any more flames will lead to posting holidays.

[7by7]

Response to now deleted post, typed while above was being posted; deleted.

Edited February 5, 2014 by 7by7

[Thongkorn]

So many questions., I have posted an honest account, there seems to be so many negative feelings towards Thai women on here. They are not all ex Bargirls .and not all Thai women are bad, Like every other Nationality. Even if some where Ex Bargirls the are still human , . I always see the good in people, I help people up not kick them down,

[FiftyTwo]

So many questions., I have posted an honest account, there seems to be so many negative feelings towards Thai women on here. They are not all ex Bargirls .and not all Thai women are bad, Like every other Nationality. Even if some where Ex Bargirls the are still human , . I always see the good in people, I help people up not kick them down,

Yes, she can stay in the UK and get ILR using the "domestic violence" route.

She will need to go to Citizens advice (about domestic violence) and ask them for help. (and get a report)

She will need to make a report of domestic violence to the police. (and get the complaint number)

She should file for a restraining order against the man at the family court. (and get a copy of the order)

She should visit her local GP and ask for 'something to calm her down' after her marital violence problems. (get doctor to record marital violence)

She should also approach a womans refuge and ask for their help and advice.

The man need not be aware of any of her reports or activities, the police won't contact him if she requests.

She can use a solicitor at no charge, if she wishes.

He will only be informed when the restraining order is served on him.

None of this will cost her anything and she will not be required to provide any physical evidence at any time.

Then she is free to follow the ILR due to domestic violence route, using the paperwork she has accumulated.

Edited February 5, 2014 by FiftyTwo

[Ants]

So many questions., I have posted an honest account, there seems to be so many negative feelings towards Thai women on here. They are not all ex Bargirls .and not all Thai women are bad, Like every other Nationality. Even if some where Ex Bargirls the are still human , . I always see the good in people, I help people up not kick them down,

Yes, she can stay in the UK and get ILR using the "domestic violence" route.

She will need to go to Citizens advice (about domestic violence) and ask them for help. (and get a report)

She will need to make a report of domestic violence to the police. (and get the complaint number)

She should file for a restraining order against the man at the family court. (and get a copy of the order)

She should visit her local GP and ask for 'something to calm her down' after her marital violence problems. (get doctor to record marital violence)

She should also approach a womans refuge and ask for their help and advice.

The man need not be aware of any of her reports or activities, the police won't contact him if she requests.

She can use a solicitor at no charge, if she wishes.

He will only be informed when the restraining order is served on him.

None of this will cost her anything and she will not be required to provide any physical evidence at any time.

Then she is free to follow the ILR due to domestic violence route, using the paperwork she has accumulated.

100% correct that mate,,,,

He won't know a thing silly fella lol

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[howerde]

Thank for the input have read through the reply's.

Yes I do know of the guy, only by acquaintance.

I totally believe her. And seen the way he treats her and his attitude towards her. Along with others, English and Thai people.

I have seen the scare she received from an incident. and so have others. He is just a control freak who needs some counseling

Well the one thing i have learned from 25 years of knowing Thais, the teams that exist are to be avoided, do not get drawn into others marriages keep your distance, sadly the ones that are always available to spend days together are bar girls. The decent ones also avoid the teams they would rather spend their time with their husband kids and home life

[Ghostnigel]

If a Marriage fails In the UK ,with a UK national and a Thai lady. Does the Thai lady have to leave the Country. Or can she stay till the end of her visa, The Person in Question has Just got a two year Visa extension. She has decided that she has had enough of the Abuse from her partner and wants to leave Him, Some of her friends have offered to take care of her till her Visa expires, Would this be legal, Any thought would be appreciated,

I was in the same position, no violence though, in 2007, and she was able to finish her visa extension, no problems....she has the right to sray here while divorce proceedings are going on.

She now has a Brit passport,and still in UK, and i live in Thailand...555

[garylinsell]

Although people could stay in UK before. The rules have now changed. She may be able to stay until the end of visa. But she is not entitled to 'public funds'.

The UK is making it harder every year to stop people from outside the EEC to stay or come to the UK. As they can't stop EEC citizens coming! They are having a good go at stopping everyone else. It looks good for their figures. :-(((

If a person applies for an extension the main reason for staying is to be with their partner. If that relationship as come to an end, there's no need for that person to stay in the UK.

Times are changing and no for the good.