Regret bringing my husband to the UK. How can I make him leave?

[maddiejo]

I brought my husband over to the UK on a spouse visa (anyone who knows the process would know how expensive and stressful this can be).
He's from a non-European country (don't want to be too outing) and we meet whilst I was on a trip there a few years ago.
Fast forward to now.. He's been in the UK for just over a year and we have a young baby. Since the baby was born, I've noticed some serious and worrying changes in my husband... He's become really abusive verbally and mentally. Not physical (although has threatened me with it). He stays out all night with his phone switched off, gets snappy when I ask where he's going, and is getting more and more nasty about me. Keeps criticising everything about me from my pregnancy weight gain to my cooking. I've know for a few months that I want him gone (as in sent back to his home country) because of the way he treats me. The only thing holding me back is that he say if I leave him, then he would take our baby back to his own country with him.
I've spoken to the police about the situation (they're aware of my wish to leave and have put some kind of alert marker on our home address incase of any 999 calls). I asked them not to make him aware that I had approached them for advice or to voice my worries.
Anyone here ever left such a situation safely?

As a pp said keep the baby’s passport safe do the same with her birth certificate and your marriage certificate. I would give to a friend or your family for safe keeping and tell them what’s happening. Then get legal advice.

It is fascist to deliberately misrepresent a judicial ruling in order to pretend that someone who does have cause to remain should be deported.

That depends solely on the other country. The UK allows for dual citizenship for most people. Only if you want to work in jobs that are essential to national security would a British dual citizen be required to renounce the other country.

I personally would get onto women's aid and get the fick out of there with your child I have being in a dv relationship and trust me it doesn't get any better it won't be long before it going true physical ive been true it all I need to flee the area with your baby and go when he is not around u will get true this if u Reily want it it's hard at first bit does get better

Can people please refrain from giving advice re immigration if you don't actually know anything about it. It's actually really fucking dangerous when there's an abusive man involved. Leave it to those who know what they are talking about, don't guess.

Those countries aren't Hague signatories, which is why it's so important that OP finds out whether her "D"H's country is.

It’s quite insidious that the first thought in cases like this is to deport the ‘foreign’ man. Well, irrespective of what crimes he’s committed, he’s entitled to remain in the UK. He has a child here and that child deserves his Dad, to know the culture that he’s from etc.

Sorry but he is not ENTITLED to remain in the U.K.
He Might be able to if he applies for the right visa, meets the conditions (which aren’t just ‘I have a child in the U.K.’ ) and pays (a few thousands pounds).
Its complex and expensive.
So he might stay or he might have to go back to his home country. The OP certainly isn’t obligated to keep the pretence of a marriage so he keeps his visa.

And yes the idea that the OP/anyone can just send him back home doesn’t sound right.
However, I’m sure you can also see the attraction if completely removing an abusive man from your life tbh.

https://www.gov.uk/guidance/international-parental-child-abduction Read this and get legal advice, @maddiejo

I'm sorry that you are in this situation. It seems to me that he's concealed his true character for just long enough, until a British child is born that he can try to use as an anchor baby and as leverage over you.

He has a British child, of course he has right to remain in this country, this is madness. What you just said is bordering on a hate crime, ‘send him back home’ he is home, his home is the UK

I’ve been told this about fifteen times now thanks. I would have thought he’d be more likely to take the child to his country of origin if he was returned there, not if he was staying here.

I am so sorry to read you are going through this. I have no experience or words but would definitely be worried that he could take your baby to a different country. I know some people have said he can't but I personally have taken my children out of the UK several times and have never been questioned about whether I have the other parents permission. Good luck, I hope you are able to get away and stay safe.

The OP said:
"He's become really abusive verbally and mentally. Not physical (although has threatened me with it)".
Posters are trying to help the OP navigate an abusive relationship while you're here throwing around accusations of racism and "hate crimes'.
Do you ever read back what you write panda and wonder whether you're not best suited to a board of mainly women?

Rights of Women can advise on family law, immigration law and domestic abuse:

https://www.rightsofwomen.org.uk/get-advice/call-our-advice-lines/

They have a guide on child abduction here:

https://www.rightsofwomen.org.uk/get-advice/family-law-information/children-and-the-law-child-abduction/

If you haven’t already, please apply for a passport for your baby asap - and keep it where he can’t get at it. With a friend or relative if necessary.

I’m so sorry you have all this worry. Do please get proper legal advice as soon as possible.

@LIZS

I think he could argue that he needs to stay for the baby to get a Visa. I suspect he has used op to do so.

Yes imagine he would use the child as a reason to remain in the UK.

Does he actually engage with the baby? I doubt he would want to take baby on his own back to his home country.

You can't actually. I was almost in the similar situation to OP and researched extensively visas. He could only stay if the baby was dependent on him.

He needs to change from a spouse visa to 'parent of a British child' visa. This is the most common route when a relationship breaks down. But that's his issue not the OP's. She needs to focus on leaving an abusive marriage. She can't deport him. But she can leave him. She can also file a prohibitive steps order. Telling the police isn't enough. The systems simply don't speak to each other.

He’s already got a visa to be here. The difficult bit is done. If that visa is curtailed due to the breakdown of the marriage, and he’s able to stay in a different category, he doesn’t get another visa. It’s a grant of Leave to Remain, which is not the same thing as a visa.

The example you’re giving is for someone who isn’t already in the UK, so things are done very differently. Have a look at Appendix FM for the requirements for Leave to Remain as a Parent. If he doesn’t meet those requirements, he can apply under para EX1 of the Immigration Rules and you’ll see the requirements he has to meet. His earnings don’t come into it. And if those applications fail, he can lodge an application under Article 8 of the ECHR. In all of those cases, s55 (Best interests of the child) will be taken into account.

Also, and this isn’t directed at you, people who have their visas curtailed are not deported. They’re administratively removed. Two completely different things with different consequences for returning in the future.

Thank you!!
I dint think many people realise the HO making it extremely hard for Brits to bring back a non brit parent in the U.K.
Having a British child is not enough in most cases to allow a parent in the U.K. There is no concept of family reunification.

This man has no business to be in this country apart from being OP's husband, that's what spouse visa is about. The immigration advice I have given or others have stated is perfect. I know of cases where people cancelled their spouse visa when they separated.
There are enough foreign criminals in this country as it is, we don't need more of them. Have a look at news!

@WilfredsPies im pretty sure he needs to have been in the U.K. fur at least 5 years to get a Leave to a remain. Which is not the case.
And it’s in no way guaranteed either.

If he isn’t married anymore, the condition of his visa aren’t met and he can’t stay on it.
He could ofc apply fur a different visa if he meets the conditions for it. But as we all know, conditions are now pretty strict. And if they chose the spousal visa as a route it’s probably because no other one would have been possible.

With respect, I think you’ve misunderstood the Rules. The child doesn’t need to be dependent on him. Have a look at Appendix FM (and in particular, para EX1) if you want the exact criteria.

Shame on you for hijacking this thread to propagate your stupid agenda. There are far too many innocent unsuspecting British women being trapped by such men for getting visa and getting to UK only to abuse and exploit them later.

His "rights" are predicated on the terms of his visa.

You're correct insofar as that can't be determined by MN.

However, you're overlooking the OP's concern he might do a legger with the baby.