FLR(M) 5 year route-What if I decide to divorce

[Kellychoi]

Shortly, I am holding FLR(m) 5 year route visa for only a few months now and my husband and I are having a baby. Basically, I am married with a really poor guy. I knew that before I'm married. But I believed hime and loved him.
When I applied for a spouse visa above, I proved the financial requirement with my savings. Because he has 0 money on his account.

I bought a house on my name because he couldn't afford even any rental house or couldn't get housing benefit because he hasn't paid enough tax (he has never been earned over than £1,000 a month all his life) I have paid not only council tax and house bills and food for us but also his personal bills. He has no job and can't get a job for now 8 months. (he has a club but he doesn't make any money from it). He has tried some benefits but all failed. He can't even afford his food. He said "I don't want your money" but he kept asking me "is money still in your account?" He is spending my pension money that I earned in my country all my life.

Once we fought and both were mentioned about divorce and he said I will call the homeoffice and say that we are not longer in marriage, then you will have to go back to your country in two months with our baby and I will never pay anything for the baby either. Also he mentioned that when a couple live for 6 years, another person who didn't put money on house also has the right to have half of the house.

Now I have lack of trust and I am afraid If he can't afford anything for the family and is not willing to do any work.

If I decide to divorce, should I immediately go back to my country? Then what about my baby? what should I do to live in the UK? If I have to go back to my country in two months, then I might not be able to sell the house where we live together and he might not want to move out.

I feel I have been trapped.
Please help me to make the right decision.
Thank you

[Amber]

Are you suffering domestic abuse?

I gather he's British?

[Kellychoi]

Yes he is british? Well, he has got extremely hot temper and irritates himself, says swearing words with all sentences and hit himself when whatever small things are not working or disturbing him. But He is really trying not to do that after I urged him. That's his character and i know it's hard to change and honestly very irritaing But I can't say it's "abuse".

[Amber]

He's correct that under FLR(M) the relationship should be subsisting and the UKVI could curtail your leave is the relationship ended.

Verbal abuse can be domestic abuse as can threats of deportation. I suggest you go and see your GP and tell them you're having these problems including the verbal abuse. It may mean you can apply to settle under the domestic violence provisions. If not, once the British child is born, an application under exception 1 on form FLR(FP) should be appropriate and hopefully allow leave to remain. I suggest you contact Southall Black Sisters.

[Obie]

provided you pass the english test and earn sufficiently, you can rely on the British child without the need to invoke exception 1. You leave will continue to be lawful

[Amber]

If she has sole responsibility/access rights under a residence order or normally lives with the child she can.

[Obie]

I did not say she cant. I simply said it is unnecessary.

If a lady is educated , has sufficient resources, has extant leave to remain , passes her English language exam, it does not make sense for her to invoke exception 1, when she can simply go under the 5 years parent route.

[Amber]

Sorry obie, you misunderstood, what I said related to your comment regarding leave under the 5-year parent route.

[Kellychoi]

Unfortunately, I have no degree and haven't really tried to get a job because of lack of confidence of my English skill especially in speaking.

I was so so sad and depressed that you mentioned about verbal abuse. Actually, I didn't even know it could be a kind of abuse, and my heart says it could cause that I could destroy my husbands life and I won't do it to my husband and my baby's father unless he directly threatens me or our baby. And I feel ashamed of myself as a mother that I can't cope up with this situation and sorry for my baby.

What if I apply for another visa rely on my baby just after born, what do I have to prepare? English exam result again? And what about financial requirement and how much if i am not working at that time? Can it affect for my visa rely on the baby if my husband gets child benefits? He obviously said he will apply it and definitely assume that he will pay his bills not house bills or for the baby.

[Amber]

Report the abuse to your GP and look into the domestic violence and destitution provisions. He can't claims benefits unless he's the responsible parent. Alternatively, if you can't meet the English Requirement, the 10 year route may be appropriate.

[Kellychoi]

I think I have no problem to get another English result as required. What I wonder is that how much the financial requirement is if I apply FLR(FP) if I"m not working after my baby's born?????? (Obviously it's hard to work with the new born baby without anyone's help)

[Amber]

Under the 10 year route there is no English or Financial Requirement.

[Kellychoi]

Oh really? Thank you.