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VICTIMS OF DOMESTIC VIOLENCE CAN APPLY FOR RESIDENCY | Immigration Matters

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During the last 15 years I have seen countless cases where Filipino wives and husbands on dependant visas put up with abuse in their marriage because their UK partner knows they cannot stay in the UK if they are no longer living together. In other words, they are trapped and at their partner’s mercy.

But all is not lost and there is hope for victims if they seek advice. In our recent case involving a Filipina suffering from ‘domestic violence’, an abusive British husband was punishing her and her son by refusing to sign their form for permanent residence, the UKBA not only approved her application without his consent, but approved the application in just four weeks.

The woman, who wants to remain anonymous, has lived in the UK with her child for 3 years on a spouse visa, and wanted to apply for settlement or Indefinite Leave to Remain (ILR).

The couple have a child together, who is British. Despite the fact that the young mother’s spouse visa was about to expire, her husband kept delaying her application. When we dug a little deeper, we discovered that she had been in an abusive relationship for years.

Once she started to open up about the history of their marriage, the whole case unfolded in a flood of tears. She had been in a physically, mentally and emotionally abusive marriage, but her husband’s threat of taking their children away from her imprisoned her in fear of revealing the truth.

He was deliberately playing with her life and holding her to ransom. He even suggested that she should go back to the Philippines and apply from there all over again when he is ready.  She strongly suspected that he was secretly planning to dump her there and take her children back to the UK. We then laid out the facts to the UKBA who sympathetically approved her application.

She was so happy when her application was quickly approved as she is now free from his ‘power’.  She can now continue to live in the UK and get on with her life without any fear.

If you are suffering from any form of domestic violence or mental and emotional torture, consult an adviser, even if you have overstayed your visa or broken the rules.

Finally, the UKBA are getting tougher on migrants with minor convictions, police cautions and County Court Judgements (CCJ’s). Your ILR application could be affected for almost any reason they find, for instance if you fail to declare convictions or cautions, even if it was not paying your fare on the train.

Cynthia Barker writes for Planet Philippines.

If you have been arrested or detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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About

Cynthia Barker is an Immigration Adviser and Co Author of the book: How 2 Come to the UK to Live Work Study or Visit. Cynthia writes a regular immigration column for Planet Philippines and Europhil Journal.

3 Responses to “VICTIMS OF DOMESTIC VIOLENCE CAN APPLY FOR RESIDENCY”
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  1. […] VICTIMS OF DOMESTIC VIOLENCE CAN APPLY FOR RESIDENCY […]

  2. […] VICTIMS OF DOMESTIC VIOLENCE CAN APPLY FOR RESIDENCY […]

  3. neny moss says :

    Greetings!

    Thats really goodnews to all filipina who was abussively treated by their husband,
    They though they are powerful and can do what they want to their wife,

    Thank you so much Mam Cynthia for helping to fight for our rights..

    Kind regards,
    Neny…

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