its me sphinx again

[sphinx]

this is my 3rd post, and thank your for the wonderful advices to my 2nd one...
my husband has been released from temporary imprisonment, my daughter and i stayed at my friend's house, of course i dont like to be a burden to her family so i didn't stayed long...no choice, my daughter and i needed to go back at the apartment we are renting bec. i had no money to this battle, i feel like i am trap and no where to go except to be eaten alive
living in the same roof is like living in anger and fear, i am sleeping now in different room with my daughter
thanks to AROMULOS for his advice on visiting a citizen's advice bureau, i am really going to do that next week
he begged one more time to fix this problem but no more to fix when the pieces are shattered, the marriage is irrepairable already, too much damaged on my part
for the last chance i listened to his favor (with matching tears and sobbing), but my heart has been locked up..
i dont know if this is okay in my behalf...we both agreed to divorce, he asked me not to file the case, it means no domestic violence happened, is it right to accept this? as a consolation to him as he is still the father of my daughter, i was thinking to accept it...he said it is easier for us to have a mutual understanding on divorcing each other...is he right? if ever i will accept it, what will happen to my stay as i dont have extension on my visa yet? i stayed only for 2 months here, we came from Holland, (my visa is EEA fam.permit)..if ever the immigration decides to send me back to the Philippines, what will happen to my daughter as she is holding Dutch passport? can i bring her back to the Ph?
pls advice/s out there..i am rattled...

[aromulus]

we came from Holland, (my visa is EEA fam.permit)..if ever the immigration decides to send me back to the Philippines, what will happen to my daughter as she is holding Dutch passport? can i bring her back to the Ph?
pls advice/s out there..i am rattled...

The good news is that because of your daughter and the dutch passport, you may be able to stay as carer....

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 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 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.

Indefinite leave to remain as the victim of domestic violence

289B. Indefinite leave to remain as the victim of domestic violence may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 289A is met.
Refusal of indefinite leave to remain as the victim of domestic violence

289C. Indefinite leave to remain as the victim of domestic violence is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 289A is met.

Also this... Even better...

http://www.ukba.homeoffice.gov.uk/po...onrules/part7/

Ask for immigration lawyer too, when you go to the Citizen Advice Bureau...

Good luck...

[KeithD]

it means no domestic violence happened, is it right to accept this? as a consolation to him as he is still the father of my daughter, i was thinking to accept it

...and you can sleep soundly in the knowledge that because he can get away with it, the next woman he gets involved with has the crap kicked out of her.....bet she'd be very grateful to you!

[joebloggs]

you need to go to your local law centre, and get free immigration advice there..

i would have thought there maybe only 2 ways you could stay here..

1) You must submit evidence of the domestic violence in the form of:

* an injunction, non-molestation order or other protection order made against the sponsor (other than an ex-parte or interim order); or
* a relevant court conviction against the sponsor; or
* full details of a relevant police caution issued against the sponsor.

The Home Office appreciate that it can be difficult to obtain enough evidence for prosecutions etc for various reasons and they will also consider as evidence more than one item from:

* a medical report from a hospital doctor confirming that the applicant has injuries consistent with being a victim of domestic violence;
* a letter from a family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;
* an undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of the violence;
* a police report confirming attendance at the home of the applicant as a result of a domestic violence incident;
* a letter from a social services department confirming its involvement in connection with domestic violence;
* a letter of support or report from a women's refuge.

or

2) The spouse / partner has the custody of child of the EEA national by a Court Order

so if you want to stay here, then it means domestic violence must have happened, and get a court order for custody of the child. but the solicitor will tell you whats best...

good luck and sort it out asap

[KeithD]

so if you want to stay here, then it means domestic violence must have happened, and get a court order for custody of the child. but the solicitor will tell you whats best...

good luck and sort it out asap

That means, if you don't have him prosecuted, you basically must leave the country. Your choice where you wish the child to be brought up.

[Mrs.JMajor]

That means, if you don't have him prosecuted, you basically must leave the country. Your choice where you wish the child to be brought up.

Think about boss comment carefully,its a good one...my point is he said don't file case against him? (see,begging because that is favor against him)

Dear if i were you,i would fight to stay remain on that country( hope u had a job) for the sake of your daughter

GOD BLESS YOU AND GOOD LUCK TO YOU