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Topic: Breakdown of marriage on FLR  (Read 858 times)

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Breakdown of marriage on FLR
« on: April 06, 2014, 09:23:13 AM »
Hey Guys

I made a American friend about a year ago in the same town as me, married to an English girl, and they have a child together.  They got married on their first meeting, when she came to the US to visit him, then he came for a visit and never went home, so he fought being sent home, and won because they had a kid, so he now has FLR.  He text me last night to say she basically beat him up and said she wants him to go back home to the US, he understandably doesn't want to return because of the child...

Is there anything he can do to stay and watch his baby grow up? Or would he have to return home?

Thanks!




11/06: Met online
12/06: Her first US visit
04/07: Her 2nd US visit
06/07: My first UK visit
02/07: Her 3rd US visit
10/07: My 2nd UK visit (engaged)
12/07: Her 4th US visit
03/07: Her 5th US visit
03/15/08: MARRIED
04/18/08: Visa approved
21/06/08: Arrive London
14/05/10: Life In The UK Test Pass
09/06/10: Sent ILR application
03/07/10: Received ILR!


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Re: Breakdown of marriage on FLR
« Reply #1 on: April 06, 2014, 10:31:52 AM »
If he has evidence of abuse he can apply for ILR based on domestic violence.
https://www.gov.uk/domestic-violence-and-abuse

However, I suspect that he does not have FLR(M) but rather DLR (Discretionary Leave to Remain), and I don't know how the domestic violence concession might work for someone who is already here due to a concession. He'd be wise to consult a good lawyer.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Breakdown of marriage on FLR
« Reply #2 on: April 06, 2014, 10:56:57 AM »
Thanks.  He has the card with the chip on it, and I'm sure when he showed it to me it was FLR on it..?

I doubt he has proof of abuse either, he just text me this morning to say what happened.  It would be a shame for him not to see his baby grow up...




11/06: Met online
12/06: Her first US visit
04/07: Her 2nd US visit
06/07: My first UK visit
02/07: Her 3rd US visit
10/07: My 2nd UK visit (engaged)
12/07: Her 4th US visit
03/07: Her 5th US visit
03/15/08: MARRIED
04/18/08: Visa approved
21/06/08: Arrive London
14/05/10: Life In The UK Test Pass
09/06/10: Sent ILR application
03/07/10: Received ILR!


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Re: Breakdown of marriage on FLR
« Reply #3 on: April 06, 2014, 11:01:43 AM »
Proof of abuse can range from a letter from a GP to support from the police. It is a route, that should your friend want to pursue it, requires support to obtain. He needs to discuss what happened with his GP at the very least.
August 2008 - Tier 4 - Student Visa
February 2010 - Tier 1 - PSW
January 2012 - FLR(M)
June 2014 - ILR (finally!)


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Re: Breakdown of marriage on FLR
« Reply #4 on: April 06, 2014, 11:19:10 AM »
Well, I think DLR used to be styled FLR(DL), but the point is if he's here on a concession  (which IMO he almost certainly is if he applied outside the rules, and based on your description of the circumstances, he did) then asking for another concession might be legally tricky. It might not, I don't claim to be an expert here. I just think this isn't something he should attempt to do on his own, without legal representation.

If he applied to stay after July 2012, he may be on the "ten year path" to ILR, different from DLR which was technically done away with after that time.

There's another visa, for parents who want to have access to their British child, that he might also consider
https://www.gov.uk/government/publications/application-for-uk-visa-access-rights-to-child-appendix-5-form-vaf4a

Seriously, though, tell him to get a lawyer. No one should try to navigate the labyrinth of UK immigration law beyond a straightforward visa without expert help.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


Re: Breakdown of marriage on FLR
« Reply #5 on: April 06, 2014, 01:15:22 PM »


If he applied to stay after July 2012, he may be on the "ten year path" to ILR, different from DLR which was technically done away with after that time.

It's if he received DL before July 2012. When they applied for DL didn't get any protection from the new rules, as they applied outside the immigration rules.

Trying to get rid of an ex that they don't want in the country, is a question that often pops up on other forums. They are told to take the child and move to another country, then the ex's attempts to remain in the UK with another visa based on the child, would fail as their child no longer lives in the UK. Or there are posts from people who are asking how they can remain in the UK on another application based on their child, when their child no longer lives in the UK.
« Last Edit: April 06, 2014, 01:31:13 PM by SusanP »


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Re: Breakdown of marriage on FLR
« Reply #6 on: April 07, 2014, 01:09:02 AM »
If the beating is that fresh, get to the GP, and take photos of any scratches, bruises, etc.  Perhaps he could also go to Citizens' Advice or contact a domestic-violence organization.  The latter might, at least, give him advice on how to document the abuse in a fashion that would legally help him.  I wish him luck.


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Re: Breakdown of marriage on FLR
« Reply #7 on: April 22, 2014, 09:59:23 PM »
Bit delayed but thank you for the replies!  I had been telling him what was said here, and he said he couldnt be bothered and decided to try and make it work.




11/06: Met online
12/06: Her first US visit
04/07: Her 2nd US visit
06/07: My first UK visit
02/07: Her 3rd US visit
10/07: My 2nd UK visit (engaged)
12/07: Her 4th US visit
03/07: Her 5th US visit
03/15/08: MARRIED
04/18/08: Visa approved
21/06/08: Arrive London
14/05/10: Life In The UK Test Pass
09/06/10: Sent ILR application
03/07/10: Received ILR!


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