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U.K. Spouse visa

General UK immigration & work permits; don't post job search or family related topics!

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Mosesddan
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Joined: Sat Jun 18, 2016 9:18 am

U.K. Spouse visa

Post by Mosesddan » Sat Jun 18, 2016 8:10 pm

What can my brother do?
He is married to a British citizen who brought him over to uk as her husband since 4 years ago on spouse visa, but since his coming to uk 4 years ago he has suffered all sorts of abuse/bully from his wife because she knew that his visa to stay in the uk is solely dependent on her, and she would threaten to get it canceled and my brother sent back anytime she gets angry...Several times my brother have been thrown out of the house, then my brother would play the fool and they will reconcile again just to make her happy, and for the fact that they have 2 kids togeda he tried so hard to make his family work but the harassment and abuse from his wife would not stop. Once the visa on his passport was torn out from the passport by the wife, once she has called the home office to get his visa canceled and revoked, then they reconciled again. Once he has made him over stayed his spouse visa without wanting him to apply for indefinite leave, they ended up applying for spouse visa extension which was granted after much appeal because it was refuse at first because of the ups and downs in their relationship so home office suspected them and call them for interviews and he was later granted the visa extension....the bullying, abuse and harassment continues, so my brother has had enough and decided to quite the relationship for fear of his life in danger and what the abuse and harassment can do to his mental health...so they are separated now, but his wife says she will call the home office and cancel his visa extension granted to him again so he can be illegal in the uk and maybe sent back home. They have two kids together .
What can my brother do to remain in the uk and have access to family life with his two kids? Because he does not want to be illegal here as he is very sure his wife would make do her threat...as she has done in the past

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: U.K. Spouse visa

Post by Casa » Sat Jun 18, 2016 8:20 pm

He appears to have two options that I can see (others may come up with more).
1. If he has evidence of domestic violence (this can be mental abuse) he could apply for SET(DV), but this would require either a police report (which doesn't appear to be applicable), or a medical report from his GP. https://www.gov.uk/government/uploads/s ... _03-16.pdf

2. Apply for FLR(FP) as the parent of a British child. This may require a Court order for access to his child and evidence that he shares in their care and upbringing from the nursery/school or GP.
https://www.gov.uk/government/uploads/s ... _05-16.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Mosesddan
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Posts: 3
Joined: Sat Jun 18, 2016 9:18 am

Re: U.K. Spouse visa

Post by Mosesddan » Sat Jun 18, 2016 11:51 pm

Thank you so much casa for your reply.

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