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tudor & pim
4th Jan 2009, 07:54
For the legal eagles, visa advisers or anyone who's been there please.

A female Thai friend has fled an abusive marriage to a British man and been placed in a voluntary organization Refuge house. The exact circumstances are unclear.
Her 5 yrs old child is British born.
She has no ILR and will never obtain it via the Life in the UK Test route. She has been in UK for years but speaks no English. She has a marked inability to assimilate new information or even understand how precarious her own circumstances are. She has many deficits.
The Refuge have now served her with notice to quit because she has no recourse to public funds and so has amassed a huge debt for rent.
From what we are being told, with her very limited comprehension, she is about to hit the streets in a few days.

Question is. Does the history domestic violence + being in a Refuge + permanent separation from her husband get around the requirements for either:
1. Renewal of her visa OR (preferably)
2. ILR to bring her into benefits eligibility?

andy muay thai
4th Jan 2009, 08:04
if you pm me, ill send you my mobile number and explain about it for you, andy

Buriramboy
4th Jan 2009, 08:20
How can she have lived in the UK for so long and not speak English?? If her kid is British and is staying with her they ain't gonna deport her though, anyway that's all i say as don't like to comment on domestic issues as there are always 2 sides to every story.

Tobias
4th Jan 2009, 08:45
If you still have questions after speaking with Andy, please come back Tudor. There are provisions within the Immigration laws to deal with these circumstances.

There is a risk of deportation, but it doesn't need to come to that.

richardb
4th Jan 2009, 09:49
Originally posted by Tobias:
If you still have questions after speaking with Andy, please come back Tudor. There are provisions within the Immigration laws to deal with these circumstances.

There is a risk of deportation, but it doesn't need to come to that.

Ditto

What part of the UK is she in ? I may be able to refer her to a good free legal advisor

Richard

Noi & Nick
4th Jan 2009, 13:34
Originally posted by tudor & pim:
She has no ILR and will never obtain it via the Life in the UK Test route. She has been in UK for years but speaks no English. She has a marked inability to assimilate new information From Knowledge of language and life in the United Kingdom (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/languageandlifeinuk/)
Exemption from meeting the language and knowledge of life in the United Kingdom requirements
Exemption because of disability
If you have a long-standing, permanent disability that prevents you from learning English you may not have to meet the requirements. You must:
be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes;
or
have a mental impairment that means you are unable to learn another language.
You should send evidence from a medical practitioner confirming your disability with your application.

tudor & pim
4th Jan 2009, 15:37
Andy:
PM to you yes please. Same Tobias and Richardb

Buriramboy:

How can she have lived in the UK for so long and not speak English??
Because:
1. Her husband never speaks to her, appears to have isolated her from the mainstream and failed to support her in accessing any learning opportunities.
2. She appears to have some degree of learning disability. Unable to assimilate new information, learn or adapt.
3. She is seriously hearing impaired. Doesn't really have a lot going for her.

Noi and Nick

have a mental impairment that means you are unable to learn another language You should send evidence from a medical practitioner confirming your disability with your application
Good point. That never would have occurred to me.

caller
4th Jan 2009, 15:51
It might be that 3 is related to 2. It helps if you can hear.

Vinny
4th Jan 2009, 17:55
See also Chapter 8 - Family members (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/) > Section 4.

She may be able to apply (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter1a/) for SET(DV) (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(dv)/) (289A-289C (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/)), without KOL (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/languageandlifeinuk/):


Exemption for certain categories of applicants

You will also be exempt from meeting the requirements if you are applying for permanent residence in the following categories (but will need to meet the requirements if you subequently apply for British citizenship, unless you are exempt for other reasons). You are exempt if you:

* qualify for permanent residence under the domestic violence (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section4/section4.pdf) rules (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/) (this will apply if you are applying (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter1a/) using application form SET (DV) (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(dv)/) ;

andy muay thai
5th Jan 2009, 05:09
hi tudor, just left you a voicemail on your mobile I start work at 2 today, i can advise you then on Poilce matters, welfare and domestic violence, good luck, can you post your pm on here to let other members know the situation is getting worse

richardb
6th Jan 2009, 16:30
got your pm

speak very soon

Richard