spouse visa

[Senani15]

I am married to a British Asian living in UK. I was on spouse visa for nearly 5 years now living with him in the e same house and we have a 3 years old son together who is born here too and who is British. I work here in the UK too.
The last 5 years my husband made my life a living hell and so abusive. I didn’t want to do anything about it as he was threatening to hurt me and take my son ways from me. Now I am entitled to apply for indefinite leave to remain in the UK and he is refusing to sign on the application. We are married and still living in the same house. I have no idea why he is so abusive and blackmail me. Please tell advise me with my options.

[CULLINAN]

When did you first arrive in the UK?

[Senani15]

2013

[CULLINAN]

2013

I was wondering if you could go for LR route but you cant for LR, wait for seniors to advise you better about your options

[CR001]

2013

I was wondering if you could go for LR route but you cant for LR, wait for seniors to advise you better about your options

ILR not possible without the UK spouse's support and documents.

If the OP is claiming DV (emotional, physical etc), she could apply for ILR based on DV but would need evidence from multiple agencies help has been sought from, to support this.

[Senani15]

But we are legally married and lives in the same house with our son. Can he legally just refuse to sign on my application for no real reason but to keep my visa status as a blackmailing tool for him? What will my future visa status be then?

[CULLINAN]

Hi CR001,
I searched the forum for other possibilities but apparently did not find much.

You stated in a reply in another thread:

“Unless you have children together you may need to consider whether you qualify for a points based visa category”

Can OP go for PBS category given she has a 3 year old British son?

[CR001]

Can OP go for PBS category given she has a 3 year old British son?

Unlikely as PBS is not 'child is British based'. You should know what the PBS routes entail as a Tier 1 Ent migrant.

She could look at applying on FLR(FP) PARENT route but ONLY if she is separated from her spouse.

[CR001]

But we are legally married and lives in the same house with our son. Can he legally just refuse to sign on my application for no real reason but to keep my visa status as a blackmailing tool for him? What will my future visa status be then?

Nothing 'legally' about it. If he doesn't support your application it simply makes things difficult for you. There is no law that says he MUST sign a document or support your application.

[CULLINAN]

CR001:
Thank you

OP: Since you are on a SET(M), you can only attain ILR via this route if your relation is “subsisting” and you definitely need your husband’s support for the ILR application.
He is the one who has to make this decision. The law cant force him to be in a subsisting relationship with you, if he does not want to.

But you have to file for a visa before your expiry otherwise you will be overstayer (correct me if I am wrong pls)

[Senani15]

The issue here is we are in a subsisting relationship in all sense. We are married, live together and have a child together as well. It’s just that he doesn’t want to sign on the application because of the abuse and the black mail. He thinks he can’t control our lives anymore if I get the ILR.

[CULLINAN]

The issue here is we are in a subsisting relationship in all sense. We are married, live together and have a child together as well. It’s just that he doesn’t want to sign on the application because of the abuse and the black mail. He thinks he can’t control our lives anymore if I get the ILR.

Unfortuntely, no one can force him to sign.
You are dependent on him for your ILR application. And if he does not want to support it, then it’s difficult for you.
As CR001 suggested you only have other options as mentioned above IF you are not together anymore.

Seems like after all this abuse and controlling behaviour you should not be with this man anyways.

[Meesha]

Hi Dear,
Sorry to know about your situation.
I think he knows it too that he cannot control you once u get ILR. But what are his plans? As u said u are living in the same house as married couple with kid. If he is not letting you to get ILR after 5 years, what visa he wants for you as if he wants to control u, he has to keep you with him.
I think if u opt to get away from him and apply on child basis, u will have to complete 2x 2.5 years to get ILR (5 years) (CR001 can confirm it).
But whats the point of living in bad situation if he will never support you with your application.

[luzangg]

I am in kind of same situation