Success Story
SUCCESS STORY
Victim of Domestic Violence, Granted Leave along with two children.
We were instructed by Mrs BC, for leave to remain in the UK along with her 2 dependent children.
Mrs BC was an Afghan national born in India to Afghan parents. At the age of 17, she was married to Mr JC. Mr JC too was an Afghan national. Mrs BC did not have a passport at the time of her marriage. Her husband was very dominating and controlled her life.
Her husband had fraudulently obtained an Indian passport for her. In the late 2000s she travelled to Scotland with her husband and mother-in-law and claimed asylum. Her husband used a different name for her. The Home Office discovered that her husband and mother-in-law had previously claimed asylum in the UK in the early 2000s. Since she was pregnant at this time, her husband decided to abandon the claim and return to India. They then travelled to USA.
Gradually, Mrs BC became a permanent resident of USA. She has two children, both of whom are US citizens. Mrs BC was a victim of domestic violence and her husband had often threatened to harm her. She filed a police complaint against her husband in the US, in 2018, but did not pursue due to family pressure and societal pressure. Mr JC had moved out following this incident and agreed to divorce her. She filed for divorce around a year later.
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She travelled to the UK to meet her parents in January 2020. In the meantime, her parents had fled India and claimed asylum in the UK and were recognised refugees. She learnt that Mr JC had moved back in their house and had vowed to find her and kill her. She was unable to return due to the lockdown and decided to remain in the UK with her children due to the ongoing threats she was receiving from her husband. She feared if she returned, her husband will kill her and harm her children.
Mrs BC received her divorce decree in September 2020 and she had sole custody of her children. The US courts had directed her husband to pay towards child maintenance, but she did not receive any monies from him.
When Mrs BC instructed us, she had no family in USA or India, she had no funds, was unable to access her bank accounts in US, she was living with her refugee parents (who were receiving financial support) and had two dependent children. She was unable to pay the Home Office application fee for leave to remain.
We made our submissions requesting the Home Office to grant a waiver of their fees based on her compelling circumstance, the emotional trauma and the physical abuse she has been through. She was a single mother with 2 children who are emotionally dependent on her and their grandparents.
The Home Office accepted our representation for fee waiver, allowing her to make an application for leave to remain with her 2 children without paying the Home Office application fee. Our submissions were successful and resulted in the grant of leave to remain for all three.
The decision was delayed due to the Pandemic and lockdown. In the meantime, Mrs BC found love again and had entered into a relationship with a person settled in the UK with the intention of getting married in the near future.