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?

No, he’d need to be here for a set period of time to get an extension to the type of leave that he currently has. There is nothing preventing him from making an application in a different category and there’s no requirement to have been in the UK for a certain period before doing so. People’s circumstances change all the time and if the Home Office were that rigid, people would be forced to either leave the UK to reapply or remain in breach of their visa conditions which would be in breach of immigration law. And I totally agree with you that it’s not guaranteed, but if he can demonstrate a genuine and subsisting relationship with a Brit citizen child in the UK, he’s 95% of the way there.

If he isn’t married anymore, the condition of his visa aren’t met and he can’t stay on it. Agreed. But if he doesn’t tell the Home Office, and if the OP doesn’t tell the Home Office because she fears for her safety, and nobody else tells the Home Office, the Home Office is not going to be aware that they need to curtail 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 Again, because he’s currently in the UK, he’ll be applying for Leave to Remain in a different category, not another visa. Please look at Para EX1; I promise it’s really short. It wouldn’t be that difficult for him to meet the requirements.

And if they chose the spousal visa as a route it’s probably because no other one would have been possible No, probably not, at the time. But he now has a British Cit child and that changes everything.

OP, if this thread has highlighted anything, it’s that immigration law is nowhere near as simple as people think it is, and you need to pay a professional who is registered and regulated, so you know that they’re telling you the right thing.

I wish you luck, I echo the advice to keep very quiet about whatever you’re doing, and I hope you and your child stay safe.

So what are those very easy conditions he would need to meet? @WilfredsPies

Im not arguing that he can’t get Leave to Remain or a visa or whatever.
Im just very surprised at the idea it’s as easy as you make it out.
Because if it was the case, anyone who arrives with a spousal visa would just get that rather than staying with said spouse at all cost?

And anyway, I don’t think it makes a difference to the OP tbh.
Whether he stays or not is his problem, not hers.

If he stays, she’ll have to deal with him more and needs to plan for that too.

But that should not impact her decision to separate from someone who is clearly abusive.

Um. Yes. Abduct

Please do remember that this is a man threatening violence and child abduction. Depending on DHs nationality, dual citizenship and a second passport for baby are a very real possibility - which is why OP needs proper advice who actually know what they're talking about. It isn't as simple as just separating, as OP clearly knows.
Stop dishing out advice on things you don't know enough about.

https://assets.publishing.service.gov.uk/media/664b1883993111924d9d37c7/Family+life+as+a+partner+or+parent+and+exceptional+circumstances.pdf#page44

It starts on page 49. I’m not c&p it all because a) I can’t be bothered to go between the eligibility and suitability bits and set it out in a way that makes sense to anyone who isn’t familiar with them just to prove a point, and b) It would be the longest post ever.

OP I used to work in international child abduction law. Read this and call Reunite for advice. https://www.reunite.org/prevention-of-abduction/

Of course it makes a difference to the OP whether he stays or goes 🤦‍♀️ Come on now, have a think about it!

If he stays on the basis of his parental relationship with his child, then he is going to want to show that he has a relationship, by having regular contact with the child. And if he has regular, unsupervised contact with the child, then he has more opportunity to carry out the threats he has made to the OP. Did you read the OP?

This isn't correct. The OP's husband appears to have got entry clearance as a partner (there's no such thing as a "spouse visa", it's an application as a "partner", although being a spouse is one way of qualifying as a "partner).

The OP can't cancel the partner visa. She can report the breakdown of the marriage to the Home Office, and that might lead to curtailment, but it's not the OP's job or power to "cancel the spouse visa".

The husband can, quite legitimately, apply now, or if the partner visa is cancelled, or when the partner visa is coming to an end, under the Immigration Rules Appendix FM as the parent of a qualifying child. This child is British, so is a qualifying child, and provided the husband meets the requirements for that category, he will be granted leave to remain as a parent.

One of the conditions for a parent visa is that the person doesn't qualify for a partner visa. But read Appendix FM if you wish - the conditions for both partner and parent visas are set out there.

Trouble is, if he's switched on enough he could know how easy it is to cancel a passport and re-apply.

OP, I'd go into a Woman's Refuge personally! They're amazing with children, there's staff there every day and most importantly, their locations are kept very private (even the local taxi company have a password system with drivers signed confidentiality contracts) along with lots of high security. He will not get anywhere near you in a Refuge.

Do you believe he married you solely in order to come to the UK? If so tell the Home Office.

There's nothing to suggest thar OP's H is a "foreign criminal". Take your racism eslewhere. The majority of criminals in our prisons are British.

He could well become one soon, coercive control is a crime these days.

Trouble is, if he's switched on enough he could know how easy it is to cancel a passport and re-apply.

That's why OP needs to get the ball rolling now on a prohibited steps order.

Yes they really are. I did so much research and it's just so hard these days!

My ex ran back to an ex when I was pregnant and I often resent him for it but at the same time I think I'd be in exactly the same position as OP. Glad I didn't waste my money and time on a visa and marriage with him and he left without being on the birth certificate which in some ways gives me a lot less to deal with. But that said it's sad he can't even visit his son due to visa restrictions...

Sorry OP this sounds awful but I think he'd have limited rights if you leave him and start divorce proceedings. Your child is a British citizen. I know other women in your position and their ex is back home now - it's only an issue if you then go to their country.

🤦‍♀️

You’re wrong. The poster you quoted is also completely wrong.

What a strange thing to say. Of course the majority of people in prison are British, it would be bizarre if that were not the case. People who were born outside of Britain are more likely to be imprisoned, they account for a greater proportion of the prison population than of the general population.

Similarly although women account for over 50% of the population, they account for a much smaller percentage of the prison population.

The prison population doesn't mirror the general population.

My goodness, things are much worse than I realised then.

I'm challenging the implication that we should stop foreign people from coming here because a few of them commit crime. Our NHS and universities are full of foreigners adding value to this country. If every foreigner left, we'd still have heaving jails.

99.9% of prisoners in the UK are white British males.

FACT.

I am presuming he can stay in the country as he has a child here. Will he separate normally as clearly he is behaving as if he is single. If he won’t move out can you contact womens aid for advice?

If he doesn't already have ILR he may be eligible to settle here because he has a child here.

Please see a specialist solicitor.

www.gov.uk/indefinite-leave-to-remain-family/parent

In the interests of accuracy, 71.8% of prisoners in the UK are white.

As that figure includes female prisoners, the percentage of white male prisoners is slightly less than 71.8%.