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Topic: Strange Situation  (Read 1385 times)

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Strange Situation
« on: March 18, 2004, 01:27:57 PM »
Hello. I was married in September to my British husband. Immediately afterwards I had to return to the USA and he could not come with me, because he is a Uni student. It was stressful and it caused many problems. His parents decided my son and I should move to the UK instead of waiting for my husband to finish in may and move to the US.

Long story short, his father came to the usa, had me fill out some forms and went to NY and got the two year marriage visas in the same day. We went to the UK and our relationship did not improve, in fact circumstances changed and my son and I left quickly one night and moved in with my best friend and his son. I am not able to return to the USA due to my financial situation. On top of that I am pregnant, and do not want to move back now that I am pregnant. This is a very scary situation, and I'm not sure where to start. I know it sounds like a bit of a drama, and I'm sorry to lay my problems on this forum, but what should I do? Where can I go? Do I need to tell immagration I no longer live with my husband? Do I need a new sponser? Will my visa be revoked if we get divorced? Will NHS take care of me since I'm pregnant and not living or involved with my husband anymore? I do not want to get in any trouble. This is definitly not what I planned and I just would like a push in the right direction with what to do.
« Last Edit: March 18, 2004, 01:28:52 PM by alika »


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Re: Strange Situation
« Reply #1 on: March 18, 2004, 02:15:44 PM »
hello Alika, sorry to hear things did not work out with your husband. Your current visa is still valid until its expiry date and you do not need to notify Immigration at this stage that you are no longer with your husband but after the visa expires that you will have a problem. I think there are special provisions in cases involving domestic violence so if that had anything to do with the reasons for your relationship failing you should contact the Home Office and ask about that. Otherwise if you want to stay in the UK you will have to find some other way, check out the Home Office website for other types of visa to see if you qualify for any of them. You could also approach your local Citizen's Advice Bureau for info, they will be able to help you with the immigration stuff and things like child support.

Good luck!

Liz


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Re: Strange Situation
« Reply #2 on: March 18, 2004, 02:17:38 PM »
First things first - NHS will take care of you and your baby.  Don't worry about that.

I know that there are exceptions in cases where the wife leaves the relationship due to abuse - but I haven't got any links on the info.  I'm sure someone else here does, though.
"Beer is proof that God loves us and wants us to be happy."

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Re: Strange Situation
« Reply #3 on: March 18, 2004, 03:52:08 PM »
Quote
Hello. I was married in September to my British husband. Immediately afterwards I had to return to the USA and he could not come with me, because he is a Uni student. It was stressful and it caused many problems. His parents decided my son and I should move to the UK instead of waiting for my husband to finish in may and move to the US.

Long story short, his father came to the usa, had me fill out some forms and went to NY and got the two year marriage visas in the same day. We went to the UK and our relationship did not improve, in fact circumstances changed and my son and I left quickly one night and moved in with my best friend and his son. I am not able to return to the USA due to my financial situation. On top of that I am pregnant, and do not want to move back now that I am pregnant. This is a very scary situation, and I'm not sure where to start. I know it sounds like a bit of a drama, and I'm sorry to lay my problems on this forum, but what should I do? Where can I go? Do I need to tell immagration I no longer live with my husband? Do I need a new sponser? Will my visa be revoked if we get divorced? Will NHS take care of me since I'm pregnant and not living or involved with my husband anymore? I do not want to get in any trouble. This is definitly not what I planned and I just would like a push in the right direction with what to do.


I'd strongly recommend you seek legal advice on:-

a)  Your marriage, and
b)  Your immigration status.

As you're still here on the initial spousal visa, it will make things difficult for you to stay when the visa expires.  You should seek out a solicitor who specialises in immigration issues to give you advice.  If you're on a low income, seek out someone who takes Legal Aid cases.  You should be able to get advice and assistance under the Legal Help Scheme.  If you're unsure of where to find such a solicitor, check with your local Citizen's Advice Bureau or alternatively, contact The Law Society for a recommendation of a solicitor in your area.

As for medical care, you are eligible to receive care under the NHS so that is not a problem.  


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Re: Strange Situation
« Reply #4 on: March 18, 2004, 04:26:29 PM »
I am not able to return to the USA due to my financial situation.

I dont know how it is in the UK, but I imagine in many ways it will be quite the same as the US. If someone legally enters the US on a spousal or fiance(e) visa where at the time the marriage was functional or the marriage was entered into in good faith and subsequently breaks up due to abuse, domestic violence, harassment etc - the US government will endevor to grant the visa holder the right to remain in the US. In some cases where abuse was not a consideration but the marriage simply fell apart, the US will also consider weather being deported or having to return to one's native country will land the visa holder in considerable financial hardship.

If you have a job right now and you can show the home office that youre supporting yourself, your son, and eventually your baby, without having to dip heavily into public funds than you may be able to show that your best bet for caring for yourself and your children is to stay in England. The UK has a humanitarian obligation not to send you from a stable situation to financial ruin by sending you back to the states. Although nothing is certain - you DO have hope.


What should I do?

Contact the Home Office anonymously to get more information. Also contact the Citizens Advice Beaureau. Its free and you can get good leagal advice there.

All UK social services like family planning clinics, the NHS, citizens advice (to name a few) are avalible 100% to anyone living in the UK. You have been given permission to be in the UK and you have the right to access those services if you need them. Dont hestitate.

As previously mentioned, you should be able to stay til your visa expires without having to worry. In that time you should focus on learning as much as you can about what the UK government can give you to support your children. If you dont have a job - find one and stick with it. Find your own place to live. Keep your son in school. If you can build up to these things you'll have a better chance of showing the Home Office in a few years time that you've done ok for yourself.


Where can I go?

If you cant stay with your friend, look into women's shelters. They can give you help and advice no matter what it was that caused you to be in the situation youre in now. They dont judge - theyre there to keep you safe.


Do I need a new sponser?

No, you dont NEED a new sponsor, as far as I know. The best person who can answer that question is the person that picks up your call to the Home Office.

When you call the Home Office make sure to ask what legal responsibility your sponsor has to you. Your sponsor promised the government when you applied for your visa that they would accept responsibility for your welfare and behaviour while in the UK. If youre in serious hardship, your sponsor MAY have to help you. I dont know for certain - so you should find out.

In the US a divorce or separation does not release the sponsor of his or her responsibility towards the visa holder. Maybe its the same in the UK


Will NHS take care of me since I'm pregnant and not living or involved with my husband anymore?

YES. The NHS is there for you to use so dont hesitate to use it! They'll take care of you every step of the way through your pregnancy.



One word of warning, the Home Office states that visa holders cant access the following public funds:

# Income Support and Jobseeker's Allowance (JSA);
# housing and homelessness assistance;
# Housing Benefit and Council Tax Benefit;
# Working Families' Tax Credit;
# a social fund payment
# Child Benefit; or
# any disability allowance.

however, I dont know if that applies to the visa youre on. You should contact the home office to ask if its ok if you access these benefits because of your situation.


I hope that you find the help that you need. There probably arent many of us here who can give you first hand advice about what to expect from the Home Office or how you should proceed. I certainly dont have any experiance in matters like this - but the info I provided is the best I can muster and I hope it helps. Take care and dont be scared. There's always a way.

Best wishes,
Sarah

PS: sorry for the spelling mistakes, btw. Im awfull at it :)
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


Re: Strange Situation
« Reply #5 on: April 01, 2004, 04:49:26 PM »
Normally, at the end of your 2 year conditional spouse visa, if the marriage no longer subsists, you'd have to leave (unless you left due to abuse).

However, if you have a baby who is a UK citizen, you may have a case that you could stay due to the child maintaining contact with his/her father.

The UK does not have the same rules as the US, where once you are married, little can stop you eventually getting permanent residency.

The sponsors (I assume DH's parents as he's a student) are liable to support you until the end of your visa.


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