# Spouse visa and separation



## bluebell3 (May 16, 2012)

I need some advise.
I moved to the UK in July 2011, as the wife of an English man. I entered the UK with spouse visa. Visa that expires on August 2013.
I no longer live with my husband due severe emotional abuse since several weeks ago.
I need to find out what options do I have to be able to stay in this country and most important do it 100% legally. Or what happens next, if the best solution is for me to leave the country.
I still have all my post, joint account bank statements and council tax deliver to my husband's address. Which is his mum's property. But I think that will end soon, at least he is threatening to do so.
I moved with a friend for now, I have a full time job since the day I moved here, will pay taxes for the first time this year. I haven't change any document to the new address nor have change my car registration either.

I have a few specific questions and I'm sure more will come along after I overcome the shock.

How is the divorce process in this country? we married in my home country and we were told we didnt need to register our marriage in the UK.

What other Visa I could possible apply for before August 2013? work, student? 

Is there a chance of a spouse visa extension? work extension visa?

If we start the divorce process, what would be my status in the country? Could I still be in the country and working by August 2013?

From the bottom of my heart, thank you for all your help.


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## AnAmericanInScotland (Feb 8, 2012)

bluebell3 said:


> I need some advise.
> I moved to the UK in July 2011, as the wife of an English man. I entered the UK with spouse visa. Visa that expires on August 2013.
> I no longer live with my husband due severe emotional abuse since several weeks ago.
> I need to find out what options do I have to be able to stay in this country and most important do it 100% legally. Or what happens next, if the best solution is for me to leave the country.
> ...


The UKBA asks all spouse/civil/unmarried partners here on the probationary 27 month visa to advise them immediately upon a breakdown in the relationship, they also offer assistance to victims of domestic violence-this link is to their DV pages:

UK Border Agency | Support for victims of domestic violence extended

Regarding informing them of the breakdown, I would think requesting assistance under the DV provisions (very generous, please avail yourself-you came here in good faith to make a lifetime commitment, I'm SO sorry you are having to go through this!) will have more information on that, but you might also have a look at this link:

UK Border Agency | If your marriage, civil partnership or other relationship ends

It would be better if you are the one to advise the UKBA of the breakdown to avoid your husband causing trouble for you with the UKBA. 

I lived in Guatemala City '94-'96. I miss the country and Guatemaltecans, wonderful place and people. I'm so sorry that you're having to endure this. Please keep us posted on how you get on!


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## bluebell3 (May 16, 2012)

thank you for the information and links.
I did check with an Immigration solicitor. But he told me that only proven physical violence, involving police will make a difference. That hasnt happened.
I have moved to friends homes 5 times, including his mum's house for a while giving him time to 'sort' his problems out. At one point he wouldnt return my own savings that were in his personal bank account.
He has been really careful not to send one text message, email since the day I got here. My husband, according to all our friends was already cheating and out of the marriage when I came but took me to long to understand.

If I contact border control, what is the process to follow? I dont want to do anything illegal, I travel a lot, I have visas for USA, Canada, never had any problems and I dont want to have a mark in my records in the future. Problem is I dont know, if he is thinking divorce or deporting as he wont return my calls.

I dont mind going home, my left the country for good and I have a life here, is just the decision or starting over again, I much rather seek options first.


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## AnAmericanInScotland (Feb 8, 2012)

bluebell3 said:


> thank you for the information and links.
> I did check with an Immigration solicitor. But he told me that only proven physical violence, involving police will make a difference. That hasnt happened.
> I have moved to friends homes 5 times, including his mum's house for a while giving him time to 'sort' his problems out. At one point he wouldnt return my own savings that were in his personal bank account.
> He has been really careful not to send one text message, email since the day I got here. My husband, according to all our friends was already cheating and out of the marriage when I came but took me to long to understand.
> ...


Check the DV links-I think your immigration solicitor may have missed something. From everything I've read, the UK understands not all abuse is physical, and that emotional abuse is a real event.

Contacting UKBA re the breakdown keeps you in a good light with them-by following their rules regarding your visa you are making it clear to them that you are conscientious about the rules. They like that.

If your husband isn't returning your calls he may well do other spiteful things-like contact the UKBA to ask them to deport you. I don't think he can actually get you deported, but I know he can cause you trouble by being the first one to contact them. People can be really, really horrid, and you really, really want to be the first to contact the UKBA.


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## bluebell3 (May 16, 2012)

Thank you I will write the letter and contact them.
Any recommendations on finding a solicitor? is it absolutely necessary? I have the feeling a regular divorce solicitor wont be able to help. And haven't been able to find an immigration solicitor for less than £200p/hour.


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## AnAmericanInScotland (Feb 8, 2012)

About the only suggestion I can make towards ways to find a solicitor skilled in your unique situation is to use the UKBA links to authorised immigration advisors:

UK Border Agency | Immigration advisers and agents

There are several links to more information, be sure to check them all.

Regarding finances and solicitors, one thing I noticed on the UKBA pages about DV was info about help with resources, I've highlighted in bold the salient points:



> Help for migrants forced to flee their relationships, as a result of domestic violence is being made permanently available from 1 April 2012.
> 
> Eligible spouses and partners will be granted a limited period of exceptional leave by the UK Border Agency. *This will give access to public funds and support services*, allowing victims to leave an abusive relationship *and apply for residence in the UK*.


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## bluebell3 (May 16, 2012)

Thank you again. Only place that I could find was The Citizens Advise Bureau for non profit help.
I would appreciate if anyone else has more information regarding this matter. Specially what sort of information needs to be send exactly to Border Control and regarding divorce paperwork in the UK.


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## AnAmericanInScotland (Feb 8, 2012)

bluebell3 said:


> Thank you again. Only place that I could find was The Citizens Advise Bureau for non profit help.
> I would appreciate if anyone else has more information regarding this matter. Specially what sort of information needs to be send exactly to Border Control and regarding divorce paperwork in the UK.


I looked at the form called 'Protecting Victims of Domestic Violence (DDV)' (scroll down until you see it); the information they need to get started on helping you financially is listed on it:

UK Border Agency | Victims of domestic violence

I also Googled around a bit, and found this:

What is domestic violence? - Women's Aid

The following quote from their page is very clear that emotional abuse is legally considered domestic violence in the UK, I've put the important part in bold:



> What is the official definition of domestic violence?
> 
> The Government defines domestic violence as "Any *incident of threatening behaviour*, violence or abuse (*psychological,* physical, sexual, *financial or emotional*) between adults who are or have been intimate partners or family members, regardless of gender or sexuality." This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour killings'.


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