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storm1fishing
2nd Apr 2010, 14:49
Hi All

A thai lady friend is in a spot of bother and not sure what to do.

She has been in the uk on a settlement (spouse) visa which runs out in June/July.

She has been the victim of an abusive husband , pretty much since arriving in the UK. She has been battered a few times and is regularly abused verbally. She has reported this to the police. A few weeks ago she decided to leave and is now staying with one of her friends.
The verbal abuse has continued through text messages to her phone.

The question is , does she forfeit her visa , and as she is no longer with her husband , will she have to go back to LOS when it runs out.
Is there help available to her.

Thanks all

Cheers

te2008
2nd Apr 2010, 20:11
She has been the victim of an abusive husband , pretty much since arriving in the UK. She has been battered a few times and is regularly abused verbally. She has reported this to the police. A few weeks ago she decided to leave and is now staying with one of her friends.
The verbal abuse has continued through text messages to her phone.

Dear Colin,

You mentioned that your friend as been abused and battered. My question to you is:
Have you seen her face or body when it is bruised?
The reason why I am asking is because I work for the women's law society in the USA and I might be able to help.

BigRed
2nd Apr 2010, 20:48
If she has reported abuse in the past and was believed, it is my understanding that she will not be deported. I'm sure you will get fuller replies from others shortly.

I think the conditions in this link are still current:

http://www.google.co.uk/url?sa=t&source=web&ct=res&cd=6&ved=0CB0QFjAF&url=http%3A%2F%2Fwww.lsa.org.uk%2FFileAccess.aspx%3Fid%3D117&ei=GE22S4KYBpi60gT-jqEy&usg=AFQjCNE_Zjc-qnlyX0jbAH3Fe6CR5Ng8kg&sig2=G1Slx-fDrDUbjaILdYRMIQ

richardb
2nd Apr 2010, 23:32
Hi All

Is there help available to her.

Thanks all

Cheers

The Immigration rule is

Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:
(i) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or;
(ii) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and
(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and
(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.

Is there anyone to help her . Yes . Lots of Solicitors who SPECIALISE in Immigration.

Where does this lady live and how is she supporting herself? ( its a legal aid thing ) . If all goes well she will have her indefinite permission to remain by the summer.

Regards Richard

storm1fishing
3rd Apr 2010, 00:39
Hi Richard

It is my understanding that she was working as a maid , and that she is now staying with that person because she is afraid to go home.
I think that the person that she is staying with is also a thai woman.

cheers

Tobias
3rd Apr 2010, 09:20
Colin, I think Richard means which town does she now live in.

storm1fishing
3rd Apr 2010, 23:34
Hi Richard / Tobias

She's living in Birmingham somewhere. I'm not sure what area. I also think she's still doing maid work to try and earn a few quid.

Cheers for all the replies.

Colin

louialive
4th Apr 2010, 19:42
There are a number of womans aids charities for abused woman in the UK should she find herself stuck.

They are completely confidential and a safe haven.

Tobias
4th Apr 2010, 19:55
Colin, this lady needs to start the ball rolling a soon as possible. She also needs to report the recent abuse to the police so they can pay the chap a visit to give him appropriate advice.

In a peculiar kind of way her immigration status has strengthened, but she really needs to get on to this ASAP and certainly before her current leave expires.

Linne
4th Apr 2010, 20:00
get your friend to make contact with the thai womens organisation TWO also there was a post a while back with links to another organisation ...............maybe someone can remember

richardb
4th Apr 2010, 20:57
May I sugest that she gets herself along to here.

http://refugee-migrant-justice.org.uk/?page_id=158

Then advise me/the forum whether they take her case on. I would be personally ! disappointed if they were not to take the case.

Richard

Tony & Apple
4th Apr 2010, 21:36
Some contacts regarding support for victims of Domestic Violence; listed on the Birmingham City Council's website:



BHAROSA – 303 0368/9
Helpline provides a confidential, culturally, linguistically sensitive
counselling and advice service for Asian Women and Families.



Birmingham Women’s Aid 344 4889
Birmingham Women’s Aid provides services for women and
children who have been affected by the experience of domestic
violence, rape and sexual assault.

Women’s Aid Domestic Violence Helpline 685 8550

teansri
7th Apr 2010, 12:14
I work in the hospital and always contact Social service -( women and children abusive section)- for my patients. They are very nice and most of the time they can find the place within 48 hours or even immidiately for the victims. Maybe your friend should call local social service for help...even her GP can refer this case to social service ...please try

John
7th Apr 2010, 18:48
She needs to make an ILR application as soon as possible. For such applications she does not need to wait until near the end of the spouse visa, and she does not need to have passed the Life in the UK Citizenship test, or have a completion certificate from a combined ESOL/Citizenship course.

storm1fishing
8th Apr 2010, 10:04
Hi all

Thanks for all the info and contact numbers , I will pass them all on to her.

John , Would she use the standard application form , or is there a different one.
I presume that one of these organizations would be able to help her with filling it in.

Again , thanks for all your help:blush:

richardb
8th Apr 2010, 12:54
I for one not going to confirm which form she should use. That will only encourage her or perhaps friends to fill it out themselves. Not advisable in her circumstances. Yes a competent legal representatives would prepare the necessary forms, evidence and put together the application. I continue to be of the view that she should approach the organisation which I mentioned earlier and post here if she is not accepted as a client.

Richard

Tobias
8th Apr 2010, 13:13
I for one not going to confirm which form she should use. That will only encourage her or perhaps friends to fill it out themselves. Not advisable in her circumstances...

I agree entirely Richard.

storm1fishing
8th Apr 2010, 17:00
Thats told me:D:D:D.

I'll tell her without further ado:D:D.

Thanks again guy's , a wealth of knowledge as usual.

Vinny
11th Apr 2010, 04:19
Section 4 (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section4/section4.pdf) - Victims of domestic violence (http://www.ukba.homeoffice.gov.uk/while-in-uk/domesticviolence/).

storm1fishing
21st Apr 2010, 15:32
Hi Richard

I took her for an interview with the above mentioned organization today , and its not good news.
They say that an ILR visa application would very likely be unsuccesfull as she does not have enough evidence of domestic violence.
They say she would need police reports and evidence of charges brought against her husband , as well as doctors reports and possibly statements from witnesses to the events.
As she could not speak too much English , and for fear of repocussions , she never went to the police and all she has is threatening and abusive text messages and e mails received from him since she left.
Although dissapointed , she is glad that she did not waste the 840 quid on a visa application and is resigned to go home at the end of her current settlement visa.

Thanks all for your help.

regards

Colin

Wolfy
21st Apr 2010, 21:21
This is another case of wife battering/abuse on this forum in recent days. Some of these blokes should be locked up. What an absolute disgrace. Deepest sympathies to your Thai friend. I hope it's not the girl i met at your house once (Brummie Husband ?)

What is wrong with some of these people, they get a lovely Thai, marry, bring them home and then treat them in a dispicable way. Bullying B******s.

As with the other case currently on this forum, insufficient evidence to do anything - as usual.

When Dao was with me she did many things to try my patience and **** me off but i would have never ever resorted to violence. :(

Tobias
21st Apr 2010, 21:23
The lesson for others is that any example of domestic violence must be reported to an appropriate authority.

richardb
21st Apr 2010, 23:00
Hi Richard

I took her for an interview with the above mentioned organization today , and its not good news.
They say that an ILR visa application would very likely be unsuccesfull as she does not have enough evidence of domestic violence.


Colin which organisation was that please?

Richard

storm1fishing
21st Apr 2010, 23:42
Hi Richard

http://refugee-migrant-justice.org.uk/?page_id=158

this is the link that I used to get the phone number from.

cheers

edcorkie
22nd Apr 2010, 14:34
What is wrong with some of these people, they get a lovely Thai, marry, bring them home and then treat them in a dispicable way. Bullying B******s.

Remember its only some of them. How many Thai women come and treat their husbands discpicable, quite a few i'd imagine.
Seems the lesson here is for victims of violence to report it to the correct authority.

richardb
22nd Apr 2010, 19:06
For the benefit of others who may be in this situation .

The actual position is here

www.bia.homeoffice.gov.uk/sitecontent/.../domestic-violence-questions-answ

No fee is payable if the person is destitute either.

The UKBA set out a wish list of evidence they want. Its only a wish list and if one cannot provide a police report for example and have a good reason which might be fear of police involvement ( not so difficult if you come from a society where justice is often paid for ) but have other evidence then that can be enough. What other evidence. Well anything including statements from friends and neighbours and ultimately the individuals own evidence. This is not my personal view but that of the Court of Appeal.

Ahmed Iram Ishtiaq v Secretary of State for the Home Department [2007] EWCA Civ 386 (http://www.bailii.org/ew/cases/EWCA/Civ/2007/386.html)

COURT OF APPEAL

Ahmed Iram Ishtiaq v SSHD [2007] EWCA Civ 386 [26.4.20007]

This case was concerned with the interpretation of para 289A (iv) of HC 395. The immigration rule was concerned with the requirements for indefinite leave to remain in the UK as a victim of domestic violence and in particular, i) the evidential requirements to establish domestic violence in an individual case and ii) whether the AIT's reasoning in the case of JL is correct.

The Court of Appeal held that the true interpretation of para 289 A (iv) is to specify what an applicant has to prove in their case to get indefinite leave to remain by producing relevant and cogent evidence during probationary period ie that the relationship has been caused to breakdown permanently as a result of domestic violence.

The Court rejected the argument that the SSHD had power to prescribe the nature and form of evidence to be produced to a caseworker by an applicant seeking to establish that the relationship had permanently broken down as a result of domestic violence. The Court held that in view of the purpose of para 289(A) and since sub para (iv) does not clearly provide that an applicant may only prove the necessary facts by producing evidence of the kind prescribed by SSHD in instructions to caseworkers, the Court held that the SSHD's analysis of the rule was wrong.

Paragraph 289 (iv) gives a caseworker a discretion to decide what evidence to require an appellant to produce in an individual case. In exercising that discretion it would expected that a caseworker usually to start by applying the guidance given in section 4 of Ch 8 of IDI's But if the applicant is unable to produce evidence in accordance with that guidance , a caseworker should seek an explanation for his or her inability to do so. If the applicant produces a reasonable explanation for her inability to produce such evidence, then the caseworker should give the applicant to produce other relevant evidence that she wishes to produce.

In this poor ladies case the lawyer who previously advised negatively will look at the case again

Richard