I am not a UK citizen what are my rights to stay in the UK if I want to leave a forced marriage? In a UK context, the needs and experiences of some affected groups are often less visible, and only specific groups are highlighted. You can contact a counsellor in private at any time and talk about anything. What you need to know about forced marriage: You're not alone. Forced marriages and polygamy among targets of French law tackling radical Islamism French PM says law targets "pernicious ideology that goes by the name of ⦠This order can be made with or without notice to the other parties involved. You or your solicitor will need to prepare a witness statement setting out details of your situation, any violence or threats that have been used against you, the arrangements for your marriage or details of the marriage if it has taken place. Dina was 16 when her family tried to force her into marrying an older man. This includes: 1. taking someone overseas to force them to marry (whether or not the forced marriage takes place) 2. marrying someone who lacks the mental capacity to consent to the marriage (whether theyâre pressured to or not) There are also a range of other criminal offences covering acts which often occur when someone is forced into a marriage, for example rape, assault, theft, kidnapping, blackmail and harassment. Many women do not identify what they are going through as forced marriage. If you are married then your husband will also have parental responsibility for the child. You might think you’re going on a family holiday but then realise that plans have been made for you to get married. Why not Ask Sam! Many women are also subjected to different forms of abuse within the context of their marriage. Financial abuse (taking your wages or not giving you any money) can also be a factor.”. Find out when it's legal for you to do certain things. Nobody has the right to force you to do something you don't want to do. Get support if you're having problems with your family. It can be very scary if you are already abroad and then realise what is happening. Emotional and psychological abuse can also include close family members making threats of self-harm or suicide, or saying that they have become ill as a result of your refusal to agree to their wishes. If you are a child under the age of 18, or the local authority consider you to be vulnerable and you are over 18, the local authority have the power to apply for a FMPO for your protection. Domestic violence, immigration law and “no recourse to public funds”. 16-17-year-olds require parental or guardian consent, otherwise, the legal age for marriage without such consent is 18 when a person is considered to have reached adulthood. Forcing an individual to marry against their will has been outlawed for many decades and thus it is somewhat surprising that the issue remains prevalent. You can apply for a FMPO if you have been forced into a marriage or you believe you are being forced into a marriage. In some cases, the husband is much older than his bride, and when she becomes a widow, she is discriminated and excluded by society. It is an appalling and indefensible practice and is recognised in the UK as a form of violence against women and men, domestic/child abuse and a serious abuse of human rights. The Forced Marriage (Civil Protection) Act 2007 allows courts to make a Forced Marriage Protection Order (FMPO) to protect someone who is being forced into marriage or who has already been forced into marriage. Click here to download the PDF guide to Forced marriage and the law, What is a forced marriage?Who is affected by forced marriage? The application must be sent to them by a process server (a person whose job is to give documents to people) or the court bailiffs. Forced Marriage Unit (FMU) will help you think about what your options are. A copy should also be sent to the Forced Marriage Unit and the police. Today, the Government introduces a new law against forced marriage in the Anti-social Behaviour, Crime and Policing Act 2014 and publishes its multi-agency guidance on dealing with forced marriage. think it’s an important part of religion or culture, are worried about the family’s reputation and honour (in some cultures also known as 'izzat'), want all of the family’s money to stay together, want to marry their children off in exchange for money, don’t want their children to have relationships or sex, feel pressured by the community or other family members to follow traditions, it's not the same as arranged marriage. If you have experienced a violent crime you may be able to get criminal injuries compensation for more details see A guide to criminal injuries compensation. The law on forced marriage. The person’s involvement in the forced marriage does not have to involve them physically abusing or threatening you, or involve any other type of abuse, it could be made against a person who is making arrangements for your wedding or for flights to take you to another country for the purposes of your marriage. Forced marriage is never okay, and it’s important to remember there is help available. It's free to call and confidential. You haven't used the Childline website for a while. The Royal College of Obstetricians and Gynaecologists (RCOG) welcomes the joint work done by the Foreign and Commonwealth Office and the Home Office, both of whom are spearheading the ⦠We're here for all young people, whatever you're going through. We always love to hear what you think, and we make changes to improve Childline based on the things you tell us. It is also a criminal offence for someone to mislead you so that you go abroad and force you into a marriage. In this guide we will refer to the person or persons forcing you into the marriage as the perpetrator(s). When someone always puts you down, shouts at you or makes you feel bad, this is emotional abuse. If you believe you are in a forced marriage or are at risk of a forced marriage, you may be able to receive legal aid, social services, and safety planning (including emergency housing). This is emotional abuse. You can also read letters from other people. If you are afraid of returning to your country of origin you may be able to apply for asylum or humanitarian protection. If you are or think you might be a victim or survivor of forced marriage, this guide will set out what the law can do to help you. The National Legal Serviceâs expert team is experienced in all areas of family law, including the difficult subject of forced marriages. This can encompass but is not limited to the following types of abuse: psychological; physical; sexual; financial and emotional. For details on your rights concerning your children see Children and the law: Parental Responsibility, Children and the Law: when parents separate, Children and the law: the Family Court process and Child and the law: relocation, holidays and abduction. It is clear that forced marriage remains a problem in the UK and abroad. It is also breaking the law. Thanks for waiting. If you want to login again, please click on the 'login' button. ostracisation, being told they have brought shame on the family, and even being physically harmed. Arranged marriage involving adults who are freely consenting is legal and does not breach the law or breach legal rights. A restraining order is a court order requiring and/or forbidding a person from doing certain things and can be written in a similar way to a FMPO. If you find yourself or someone you know in this situation, we can help by obtaining a Forced Marriage Protection Order. It can also help bring you back to the UK if you are taken out of the country. If you can't talk to your parents, maybe you can think of another adult who you trust, like a family member, teacher or school nurse. In some cases, the family members of European Union citizens can apply to retain their rights of residence. They have been waiting: Concerned about confidentiality? This is a big step for them because they may be seen to have dishonoured their family. The marriage can be a religious or civil marriage, and can take place in the UK or abroad (see A guide to marriage). Want to keep your visits to Childline private? A forced marriage is a marriage without the consent of one or both parties and where duress is a factor. Even if you say you agree to marry, this does not always mean you have consented. For people who are found guilty of these offences there are a range of sentences available to the courts including a fine, a suspended sentence, time in prison and community sentences, for example carrying out unpaid work. Please stay on our website so that you know when a counsellor is ready. If you are uncertain whether you are being forced or have been forced into a marriage, you can find more information at www.gov.uk/forced-marriage . If you are experiencing domestic abuse see A guide to domestic violence injunctions. But it’s important to remember that all major religions (Muslim, Hindu, Sikh, Christian and Jewish) are against forced marriage. A forced marriage is different from an arranged marriage. If you are not in the UK as a spouse or partner of a British or settled citizen (for example, if you are here as a fiancée, a visitor, or if you are here as the dependant of your husband who is also not a British citizen or settled) then you will not be eligible to apply under the domestic violence rule. Get tips on starting a difficult conversation. A FMPO is a court order containing provisions that can restrict a person’s actions or require them to take certain steps in order to protect you from abuse and to stop the person(s) making arrangements for the marriage. It’s important to let someone know as quickly as possible so that you can be safe and get help. Laws to prevent forced marriages and provide a way out for those already in an unwanted union were introduced in England, Wales ⦠The Forced Marriage etc. If a court makes an order for you, they will protect you from anyone trying to force you into marriage. Who is affected by forced marriage? Of course, this is not the case for all arranged marriages and some couples will enter into the marriage happily, safe in the trust that their family has reached an agreement that is suitable for them. You may also be able to obtain an order of protection, annulment, legal separation, divorce, or a child custody order granting you custody of any children resulting from the forced marriage. Forced marriage is against the law in the UK and you have a right to say no if you're being made to marry someone who you donât want to. Forced marriage affects a wide range of communities, including Irish Traveller, Turkish, Roma, Afghan, South Asian, Kurdish, Iranian, Arab and African communities. See above: I am concerned that someone close to me is being forced into a marriage, can I apply for a forced marriage protection order to protect this person? We have extensive experience in the field of forced marriage and honour based violence and have acted for individuals in countless sensitive cases over the years. If you are in the UK as spouse or partner of a British or settled citizen you may be able to apply for indefinite leave to remain (ILR) on the basis of the forced marriage if this causes the marriage to breakdown during the probationary period of the visa. This is called a ‘without notice’ application. There are some people and communities that think forced marriage is okay. If you are not able to make the application yourself, for example, you cannot leave the house or access the courts, or are in another country, or you are too frightened, then someone else can make the application. Forced Marriage Solicitors . If you are at risk of, or have experienced, forced marriage, you are not alone. As your child’s mother you have parental responsibility for your child. The Government defines domestic violence as: “Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. â A forced marriage is where one or both people do not (or in cases of people with learning disabilities, cannot) consent to the marriage and pressure or abuse is used. Childline is a service provided by NSPCC Weston House, 42 Curtain Road, London EC2A 3NH. Forced marriage is against the law in the UK and you have a right to say no if you're being made to marry someone who you don’t want to. You can also contact our legal advice line. Freedom Charity has advice on your rights, how you can stay safe and how to get help if you're at risk of forced marriage. This is known as the domestic violence rule and allows women who are suffering abuse to leave their spouses or partners. You must have the freedom to choose whether or not to enter the marriage. This could be your mother, father or other close family member; or someone who you do not know, but is involved in the forced marriage. The maximum sentence is 5 years imprisonment. They can work with social services to get you help with finding a place to stay. Forced marriage can involve a range of criminal offences and there is now a specific criminal offence of forced marriage. Forced marriage is a violation of human rights and is contrary to UK law, including the Matrimonial Causes Act 1973 , which states that a marriage shall be voidable if: âeither party to the marriage did not validly consent to it, whether in consequence to duress, mistake, unsoundness of mind or otherwiseâ. As you are not the victim you will have to ask for the court’s permission first and set out your relationship with the victim, for example, if it is your sister you should state this and provide any proof in support, if it is your friend or your girlfriend you should explain this and how long you have known the victim and provide any evidence you have to show this. 3. Think very carefully before you leave the country. if you have faced physical pressure to marry e.g. You may define your experience as ‘what the family expects’ rather than ‘force’ or ‘pressure’. Depending on the different situations in each country, a social group may include all women, or could be considered to include women who are victims of forced marriage. A forced Marriage Protection Order (FMPO) is a type of injunction which can forbid your perpetrator from doing certain things such as being physically violent, contacting you directly or indirectly (by making someone else contact you), taking you out of the country, or making marriage arrangements. Forced Marriages are incredibly sensitive, and often, victims are understandably scared of telling anyone what has happened. What does a victim of forced marriage look like? Administration: 020 7251 6575 This might mean that you have to give evidence at court with your perpetrators there. If you do not wish to or do not feel you can attend court, you should ask your solicitor to request that you can give evidence from a different location. Local authorities can seek a protection order for Adults at Risk and children without leave of the court. It’s possible that your parents or family would force you to marry because they think it’s the best thing for you. Forced marriage is illegal in England and Wales. Even if there is no FMPO, forced marriage is a criminal office. Seeking refuge: a handbook for asylum seeking women. It's a legal document that can stop you being taken abroad and forced into marriage. Menu. say no and explain that you don’t feel happy with what is happening. If you leave your husband you can take your children with you. The application would be made by the legal department of the local authority. If the without notice FMPO is made this means that you will have protection before your perpetrator(s) know you have made the application. 52-54 Featherstone Street, You could also contact the British Embassy in the country where you are – they can get help for you to leave the country and stay safe. Welcome to your chat. It doesn’t only happen to young people, it can happen to adults too. Rights of Women does not accept responsibility for any reliance placed on the legal information contained in this guide. 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