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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I want to stop my husband from getting ilr in UK as he is

Customer Question

Hi , I want to stop my husband from getting ilr in UK as he is abusive towards me since I got married to him in our 6years of marriage. I have reported to police here many times. I am planning to return back to my country with my little one and file a complaint against him and his entire family in India.As he is aware of my report he is intentionally trying to hide here in UK by planning to get an ilr and then British passport.My concern is can I stop him from getting his ilr in UK by secretly contacting ukba and giving them all the details about my police complaint and Helth visitors record of incidicent that has happened to me since 2014.Can I some way stop him from getting ilr so that he will return back to our country and face legal procedures there.I am currently with him but planning to get back to my country after my little ones passport and visa are done .Even he is using TV to watch films , etc can I report it to TV licence agency.Please guide me through this process.Thank you,
Mahlaqua Afrin
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

Are you a uk citizen?

When did your husband obtain his spouse visa and enter the uk?

Tom

Customer: replied 1 year ago.
Hi I am not an UK citizen.I am the dependent of my husband. He entered uk in tier-1 (general) visa on 1 of June 2011.His visa was approved in 2011 January while he was in India. I have come to UK in dependent visa on 22 june 2012 .Since them I am staying in UK with him.Our daughter was born here in UK in 2014 October. I am married to him since April 2010 .During our marriage we both were in India and it was an arrange marriage.
Please let me know what can be genuine ways of stopping him get his ilr.As my husband is very abusive towards me and now he is well informed that I am going to take action against his behaviour once I get back to india.Hence he is trying to apply for his ilr here and doesn't want to go back to India with me.He wants to hide from me in UK.
I have made several complaints against him in police in UK and even my health visitors have seen by brushes while I reported about an incident of him physically abusing me in 2014 when my daughter was born.I have again filed a complaint against him in police here in UK in 2016 as his behaviour has no change.Can I inform ukba about his behaviour and all kinds of police complaint if am here .So that they can think of there decision of giving him an ilr.Please guide me through all these process.Thank you.Regards ,
Mahlaqua Afrin
Expert:  Thomas replied 1 year ago.

Hi,

Are you still on a tier 1 dependent visa?

Tom

Customer: replied 1 year ago.
Hi ,I am still in tier 1 dependent visa in UK.
Thank you.Mahlaqua Afrin
Expert:  Thomas replied 1 year ago.

Hi,

Where do you wish to ultimately live after the issue has resolved please?
Tom

Customer: replied 1 year ago.
Hi,
We both from India .we hold Indian passport. So I wish to return back to India to my parents and live with them.
Afrin
Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If your husband is abusive then this is a matter to report to the police. They will decide whether or not to charge him.

If charged, they may pursue a conviction. If convicted then you can consider advising the home office of the conviction and they may consider revoking his visa depending on what sentence he receives as a result of the conviction. If they revoked his visa then he would have to leave the UK.

If he received a sentence which does not result in going to prison then he would not be able to apply for ILR for 2 years. If he receives a prison sentence of less than 12 months then he would not be able to apply for ILR for 7 years. If he receives a prison sentence of between 12 months and 4 years then he would not be able to apply for ILR for 15 years.

You can advise the home office in the meantime of the abuse, but it may have a limited effect if the police do not take any action.

Please note that if you wish to return to your home country with your child but without your husband then you will need to apply to court to get a residence/custody order for the child and an order that you be permitted to relocate to another country without your husband. Therefore, I would strongly consider quietly instructing a family solicitor now in secret in order to have someone ready to make the application when you wish.

However, if you wish to prevent your husband from obtaining ILR then your focus is best served by informing the policy and hoping a conviction/sentence occurs thereafter.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 1 year ago.
Hi
Thanks for your reply .If I am scared for my little one.Long back in 2009 I was detected to have bipolar disorder.Though I am no more on any medication since 2013.As I had stopped my medication in 2013 when I was pregnant under doctor's instructions. And till today I am doing very well.
I am not sure what will be the output of courts custody/residential order if I go to court for the custody my little on.I am scared to approach the court here.As I don't know what usually take place in such situations.I am scared if the court decides to take my daughter away from both me and my husband and send her to foster.Please guide me through this process and let me know what usually is the output in such case.Afrin
Expert:  Thomas replied 1 year ago.

Hi,

Take things one issue at a time.

The most important thing that you need to do now is to instruct a solicitor who specialise in family law and children cases. You need to contact a solicitor who does this in your area and meet with them for a consultation.#

http://solicitors.lawsociety.org.uk/

Select "children" from the area of law menu and insert your postcode at "Location" and hit search. This will generate solicitors in your area practising this type of law and you can contact them to arrange a consultation.

This is the most important thing for you to do.

Please leave positive feedback.

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi,
Thank you for giving me so many informative information.
Afrin
Expert:  Thomas replied 1 year ago.

You're welcome

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