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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1927
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Hallo, I'm in UK 2 years now and I came on marital

Resolved Question:

Hallo, I'm in UK for almost 2 years now and I came on marital visa.Me and my husband are in marriage for four and a half years and since I had start working our relationship is not so good. Every time when we have fight he is threatening that he will kick me out and send me out from country. I'm mentally tired and I don't know what to do anymore.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Do you feel threatened or afraid when you have a fight? Has he physically assaulted you? If you do or any incident has happened, then you should inform the police and consider taking out a non-molestation order (an injunction) from your local family court under form FL401 to protect you.
It is not for him to decide whether you leave the UK or not. If you were to separate you will need to inform the Home Office and they will decide how to deal with you. In incident of domestic violence the Home Office can accept this in support of you making an application for leave to remain in the UK.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
He did pulled my hand several time and even made me bruises but I never went to police because I tought that it will stop. He thinks that he is having power because my first visa is expiry in November this year and I'm not part of European Union.
Expert:  Harris replied 1 year ago.
You will need to consider extending the spousal visa before it expires and then making an application to settle in the UK - this can be made if he is a British Citizen or he is settled in the UK, but you must have lived together in the UK for two years or more.
If you can evidence the domestic violence (eg. a police caution or an injunction) then you can apply to settle under the category of domestic violence and you would not need to have been settled for at least 2 years in the UK to pursue under this category.
Customer: replied 1 year ago.
I understand that, but the main issue is that he doesn't wanna me to extend visa and I can't apply without him.
Expert:  Harris replied 1 year ago.
Do you have any children together, if so how old are they and do they live with you?
Customer: replied 1 year ago.
No we don't have children
Expert:  Harris replied 1 year ago.
Is your husband a British citizen or settled in the UK?
Customer: replied 1 year ago.
Settled in the UK, he never took a passport even he is here more then 22 years
Customer: replied 1 year ago.
We meet each other in my country six years ago and we were dating for two years and then got married
Expert:  Harris replied 1 year ago.
Thank you. In the circumstances, you either would have to apply to settle under the category of domestic violence, or if you cannot prove this then convincing the Home Office for you to remain in the UK under compassionate grounds.
I would advise that if there are any further incidents of domestic violence that you consider contacting the police to deal with.
Customer: replied 1 year ago.
Thank u for your help
Expert:  Harris replied 1 year ago.
I hope it goes well.
Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1927
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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