Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 2 of 2 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
Hiya...I hope you will read this and maybe can point me in the right direction? I feel so lost.

I had a spousal visa but my husband was abusive and kicked me out of our home. He then blackmailed me for so much money that I could not afford my rent or to buy food and fled to the USA (where I was born). I tried to return to the UK to vary my visa as a victim of Domestic Violence/Emotional Abuse but ended up in Colnbrook Detention Facility as I did not realise (rather stupidly) that when I stopped paying ransom to my husband he had my visa revoked (which is how I ended up in Colnbrook). I was repeatedly advised against hiring a solicitor and was told I would have no chance to stay in the UK and if I did not leave I would never be able to return. I was hoping to get a divorce or an annulment.....when I reported my husband to the police emotional abuse was not against the law (nor could I necessarily prove the abuse since he always did it behind closed doors) and I was hoping to return to the UK as I lived there for 9 years and 11 months (but did not qualify for 10 years residence as I had to leave in the middle of a visa application when my father died suddenly....this turned me into an overstayer when I tried to sort out my visa on my return).

I was aware of the new regulations for earning £35,000 within 5 years of living in the UK (my current job is for a UK company and pays around £27000) and was hoping to go back to school to get a better education and be more valuable to companies.

I am upset and nervous after reading that Theresa May wants to force all non-EU students to return to their country of origin immediately upon graduating.

I am not in any danger in the USA but I consider the UK to be my true home and I do not know what to do. How to get a divorce from so far away or how to ensure I can return to the UK safely after my husband told me he would rather die than allow me back in the country and would work his whole life to preventing my return. I realise abusive spouses make false claims all the time but I do not know what to do.

I just do not know if I want to talk to the family law helpline, the immigration helpline....I have a list of people (representatives from the Domestic Violence Helpline and a women's rights organisation who agreed to write a statement detailing my abuse and my therapist who is the first person who suggested fleeing my marriage because I could have been in danger) who can testify on my behalf....do I want to talk to an immigration and family solicitor? Is it even possible for someone to be both?

I know there is a record of my visa being revoked and my attempt to enter the country (the Border People told me not to come back for a year...this was in April) and I just have no clue what to do. I know it sounds rash but I would honestly rather be dead than stuck living with my violently abusive alcoholic mother who is bankrupt and struggling to maintain her roof. I am giving her all my salary but it still isn't enough. I have been forced to go from one abusive scenario to another and I just cannot live like this. My whole life I've only ever wanted to be in the UK and the [near] 10 years I spent there were some of the best...despite my husband's extortion and abuse. I never wanted to leave the country, just him.

I realise this is just a forum...but I am beyond desperate. I don't know what to do or how to proceed. As I said, I need to get divorced but I'm pretty sure you cannot justify being granted any rights or privileges just because your English husband was an abusive man (who got your visa revoked). So do I get divorced first and try to access immigration pathways second? Immigration first? I really do not know what to do.

I appreciate any help you can provide.
 

·
Registered
Joined
·
39,103 Posts
Sorry to hear about your situation. My immediate reaction is to go for divorce, which under UK law can be granted after 2 years of separation when both agree, or 5 years if only one of you want it. You definitely need legal help, as it can be a messy affair. Get legal advice on what your rights are with an abusive partner, proving it in court will be difficult and it may be best to go for a clean break - perhaps your ex may want it if he wants to form a new relationship. A skilled lawyer may be able to negotiate this. Once divorced, you can plan out your future. Either to get a fresh visa for UK in your own right (study, sponsored work etc), or perhaps start a new relationship. Expect a hard time convincing UKVI to let them give you another visa under the family route because of your past history. But never say never.
 
1 - 2 of 2 Posts
Status
Not open for further replies.
Top