Adilah is from Afghanistan and in 2012 she entered a new phase in her life when she married a British citizen, and moved to the UK on a partner visa. She moved to the UK with a lot of happiness and excitement. Lot of effects for Adilah were different and beyond her imagination, effects started to take a turn when she was asked by her hubby to noway leave the house alone, forced to take up all ménage chores by her alone. The days worsened for her when she was only allowed to speak to her parents on the phone with her hubby’s supervision. Adilah had her way to keep herself calm and composed as during her fatherhood she was suitable to spend all her time taking care of her 2 kiddies.
Later long four times, she was extremely happy when her hubby asked they could eventually visit Adilah’s family in Afghanistan along with him and children for two months! This was end to her excitement when she plant out from her hubby at the field, that she can go to Afghanistan to meet her parents and whilst he goes to see his own family and introduce them to the children AND with a pledge given to her to pick her up soon. A week passes. Adilah tried to reach out to her hubby to speak with her kiddies, but noway got a chance. Adilah kept staying for weeks in despair for a sight of her children and visited her in- law hearthstone. Adding to her misery she was informed by her uncle that Adilah’s hubby and the children had to leave in a rush to the UK as Adilah’s mama-in- law is keeping bad. Adilah was demoralized and kept trying and managed to get hold of her hubby through a friend. Adilah’s hubby informs that due to the rush he inaptly took her passport and her hearthstone permit with him and promised her to shoot it back to her by courier. Adilah awaited for a month having no news, no dispatches and no courier.
It came to a point where Adilah realized commodity isn't right and visited the British Embassy to ask for help to travel back to the UK, she's informed that she's needed to submit a new visa operation patronized by her hubby. Adilah was devastated, she felt abandoned as her first operation for completed by her hubby and then she's wedged!
At The SmartMove2UK unfortunately this is one of the several cases that they've come through. Star Solicitor Falguni Y Parekh shares cases of aspirants who are on partner visa in the UK being victims of unwarranted complaints, internal torture and abuse. And commonly this isn't specific to a particular gender, we've seen similar cases being for consorts of either gender.
What's the miracle of international marriage abandonment?
Adilah’s story isn't the only story out there and there are numerous women and families like her with different and delicate situations similar as some may be abandoned with their children, some have an indefinite leave to remain when they were abandoned and some have indeed overstayed.
The only thing is common is a pattern of abuse and controlling geste which culminates in abandonment overseas, where the generally the women consorts are stranded and this miracle is known as “ international marriage abandonment”.
As per the Practice Direction 12J of the Family Proceedings Rules 2010 confirm that international marriage abandonment is a form of domestic abuse.
The international marriage abandonment is defined by Southall Black Sisters as “ the deliberate junking of vulnerable migratory women from the protections of this country (UK) by their misters and in- laws who discard them abroad as if they were disposable goods. It's an extreme form of cerebral abuse since it denies women access to justice in the UK. It amounts to a gross violation of quality and mortal rights.”
The court of Appeal in the case of Re A ( Children) (2019) EWCA Civ 74 plant that “ the core point of the conception of stranding or abandonment is the exploitation or the tried exploitation by one partner of the other’s vulnerability or weakness to seek to insure that they aren't suitable to come to or return to the UK. The court observed that stranding is a broad conception and can include any action taken by a partner who puts obstacles in the way of the other partner being suitable to return to the UK.”
What's the position of stranded consorts under UK immigration law?
Adilah and lot of other women frequently find it extremely delicate to return to the UK.
Immigration law lags behind the family governance in its response to the international marriage abandonment miracle.
There was a case where women who had indefinite leave to remain in the UK and was stranded for over two times. Their indefinite leave to remain lapsed, and were n’t suitable to apply for a returning occupant visa, hence the options and expedient varies from immigration order. There's another case of women whose leave as a partner wasn't cancelled and who simply applied for a relief biometric hearthstone permit when the relationship with the British partner has broken down, it's hard to argue that the stranded partner is still entitled to a BRP issued on the base of that relationship as one of the conditions is to establish a genuine and subsisting relationship.
In the case of Re S (A Child) (2010) EWHC 1669 (Fam) for‘Guidance in cases of stranded consorts’, Mrs Justice Hogg issued guidance to be followed where there similar case. The guidance includes family courts issuing orders to request the stranded partner to return to the UK to share in family law proceedings, and ask immigration authorities for backing in issuing visas. Unfortunately, not all stranded consorts will have initiated family law proceedings, and Entry Concurrence Officers don't always grant a visa indeed when similar orders have been submitted and the consorts would have to calculate on the discretion of sympathetic caseworkers. The clear circumstances have been set out with a request to the Home Office to allow submitting an operation outside of the Immigration Rules where the aspirant’s are issued with a visa outside the Rules, valid for one to three months and which allows them to re-up the UK and make a farther leave to remain operation from within the country.
The vittles for migratory domestic abuse victims were first introduced in 1999, following crusade by Southall Black Sisters and now the immigration rules are plant at Section DVILR of Excursus FM of the Immigration Rules. It can be concluded that the stranded consorts have to resort to the sympathy and discretion of individual caseworkers which would mean that only many privileged or exceptional bones may suitable to manage to return to the UK. Unfortunately, one of the conditions of the rules is that an aspirant must be in the UK at the time of the operation, banning stranded consorts.
There's a clear loophole in the system as abusers can help their consorts from exercising their right to apply for indefinite leave as victims of domestic abuse – by stranding them outside the UK.
Recommendation to the Home Office
The Home Office should consider changing the rules to allow victims of domestic abuse to apply for indefinite leave to enter from overseas, this would necessarily not solve the issue of transnational marriage abandonment, but it would certainly open another window for them to apply from overseas which would put an end to the exploitation that the abusers are enjoying.
If you are in the UK on spouse visa and are a victim of abandonment from your British citizen spouse or person settled in the UK or have faced domestic violence or abuse during your time in UK on spouse visa or partner visa You can contact The SmartMove2UK on +919819127002 or email at [email protected] to speak to a member of their Immigration team about your rights in the UK.