Marriage gone wrong, need advice

yes rules is rules

Hei Sophie,
Unfortunately, my previous reply to your question landed somewhere else. I have heard a lot of stories like yours and they ended up going back to the country of origin. I am so sorry to hear about your marriage but I do not think that a job in Norway will be able to help you stay on. I have also asked some officers of the Filipino Workers Organization in Oslo and they told me the same thing. Of course, you can get in touch with a migrant lawyer too.

Good luck to you Sophie.

Sophie, as long as you are working you should be able to get a permit from the immigration so I'd do that as soon as possible and then start to look for an apartment of your own. Ask friends to ask their friends because as you probably know in Norway the best deals often go unadvertised, not only with jobs but also leilighet & hybel (apartment's). Also go on www.Finn.no and check out places to rent as there are usually lots every week and often some very reasonable prices.

I dunno where in Norway you are but in many cities there are many Filipina in a similar position to yourself although still in a marriage or living as sambooer (civil partnership).

winmcp wrote:

Sophie, as long as you are working you should be able to get a permit from the immigration so I'd do that as soon as possible and then start to look for an apartment of your own. Ask friends to ask their friends because as you probably know in Norway the best deals often go unadvertised, not only with jobs but also leilighet & hybel (apartment's). Also go on www.Finn.no and check out places to rent as there are usually lots every week and often some very reasonable prices.

I dunno where in Norway you are but in many cities there are many Filipina in a similar position to yourself although still in a marriage or living as sambooer (civil partnership).

I would like to refer you to the law --- since she has only been here for 1 year.

http://www.regjeringen.no/nb/dep/jd/dok … ?id=372962

9.3.6 Residence permit for foreign women by marital breakdown
For foreigners from non-western countries the opportunity to stay in this country absolutely minimal. An opportunity to stay are the rules for asylum. Women who are persecuted and discriminated against (such as women) in their home country may under certain circumstances be granted asylum on the basis of so-called gender-based persecution. If you ignore the rules on asylum and residence permit on humanitarian grounds, the rules on family reunification, such as reunification with spouses who live in this country, one of the few opportunities to stay. If a person who has been granted a residence permit under the rules for family reunification with a spouse stands, falls residence permit basically away if he has no other basis to remain in the country. There are several such other basis, the most appropriate is permanent residence under the Immigration Act § 12 This provision states that: "An alien in the last three years has resided continuously in this country with a residence permit or a work permit without limitation, upon application for permanent residence in the absence of the circumstances mentioned in § 29, first paragraph. "This is the so-called" three-year rule ". A foreigner who stay through the rules on family reunification will therefore normally lose residence basis if the spouses move apart until at least three years.

The fear of being sent out of the country may be the reason why women remain in marriages where they are exposed to violence (Paul 1998). To remedy some of this, was immigration regulations changed so that women who could demonstrate that they had been victims of domestic violence were given the right to stay, even if they did not meet the requirements for permanent residence. Immigration Regulations § 37 subsection reads: "A woman who does not satisfy the conditions of the third, fourth or fifth paragraph may be permitted under the provisions of § 21 subsection if as a result of the separation will be unreasonable difficulties in their home country due to the social and cultural conditions in which . Although such reasons do not indicate, a permit pursuant to § 21 subsection granted if the woman or her child has been abused in the relationship. "

If the requirement of three years of residence are not met, it will in other words be two grounds that an abused woman can stay. First, the woman claim that she because of the separation will have particular difficulties in their home country. In some countries it is so divorced women have great difficulty, they are treated as honorary solve, they are undesirable and in some cases they may be exposed to violence by family. In some cases will therefore stay on the first foundation of the Immigration Regulations § 37 subsection may be appropriate.

In cases of violence against women in intimate relationships is, however, the last option in the Immigration Regulations § 37 subsection which is the most appropriate. By the sixth paragraph, last sentence states that a residence permit shall be granted if the woman or her child has been abused in the relationship. Apparently this rule looks as though it admits abused foreign women without residence permit further. It requires, however, that the woman must demonstrate that she has been subjected to mistreatment, which in many cases is very difficult. In Guidelines for the treatment of matters relating to a new residence permit for foreign women after divorce (Circular UDI 02-117 soda), states the following about the requirement for substantiation: "There are no strict requirements for the substantiation. Her statement about the abuse should be applied unless there are clear grounds for believing that this is not right. Her own explanation will be the basis for assessment. As a general rule it is not required that the woman must prove that abuse has taken place. There is also no requirement that the spouse / cohabitant or punished for the offense. Basically the immigration authorities shall not take a statement from the woman's spouse or cohabitant, but it can be done for a specific assessment. "

By circular states therefore that there should be strict requirements for substantiation of abuse. In practice, however, it has been shown that it is very difficult to obtain a residence permit on this basis (practice for an identical circular from the 1999 Circular UDI 99-44). There is considerable evidence related problems to fix, women have difficulty in meeting the requirements of Immigration in the clinical setting of probability, which means that there are relatively few women who have been granted residence under the provision. This has been documented in Tone Ljosås treatise on the practice of Immigration Regulations § 37 subsection (Ljoså 2001). It is also stated in the regulations that it should normally not obtained a statement from the woman's spouse or partner as to whether abuse has taken place. In practice, however, it has been shown that the immigration authorities in some cases ask the man if he has abused the woman, something he usually denies. It is very unfortunate that the immigration authorities in this way seems to practice the rules on residence for abused women stricter than the wording of the Immigration Regulations § 37 subsection and circular suggests. In the Committee's judgment should be from the highest political authority get an order to the immigration authorities on how the provisions should be applied. If this turns out not to be sufficient to change their practices, make the wording of the immigration regulations and the circular change, so it is stated explicitly that abused women should be granted a residence.

Earlier, the Committee pointed out that women who are victims of domestic violence have a particular need for legal aid. For foreign women, the need for legal assistance acute. In addition to the legal issues that women with Norwegian citizenship / permanent residence need assistance to, a foreign woman need legal assistance in relation to any immigration case. Such rules are today, it is classified a liberal practice with regard to the granting of legal aid in cases of this type. This is evident from the change in circular G-73/96 (Guidelines for legal aid in immigration cases). It states that: "It is therefore a liberal practice in these cases if the woman claims she upon return to their home country will have unreasonable difficulties of the social and cultural conditions there, or if the woman or her child has been abused in the relationship. Applications for renewal of residence after divorce because of allegations of ill-treatment will generally be granted, and it should therefore generally be no need for legal assistance except by appeal. In the latter case, free legal aid should be granted. "In the Committee's judgment is not sufficient to protect foreign women relevant legal requirements. The rules should be amended so that women who are victims of domestic violence given the right to free legal aid in connection with any legal questions arising in connection with the violence issue. The right to free legal aid shall also cover legal expenses in connection with the subsequent immigration case.

Even in reading that I still feel she has a good case, I mean let's be honest for all we know she could already be affected by what is mentioned in the bulk of that document or be getting close to it, who is to say and indeed I'm not sure here in public is the best place to air it. I would certainly encourage her to seek legal aid and discuss the matter in detail with them as it seems like a problem that is not going to go away. We can speculate all day on the outcome, but sooner or later a solution will need to be found, which can only be via this route as far as I know unless she meets a new husband (sorry not a nice thing to say under the circumstances and it was not meant badly).

Hi...im Tor living in Oslo...

Thank you winmcp for the support. I have been doing some researches and apparently it seems like i can apply for another type of permit as long as i meet the requirements.
http://www.udi.no/en/want-to-renew/family-immigration/

So yes the best thing for me to do now is to contact the police and inquire about work permit. I'm in Melhus kommune by the way, outside Trondheim. Crossing My fingers and hoping for positive result; if not, well i tried.

Good luck to you dear. Hope that you would be able to stay in Norway

Tough-Sophie wrote:

Thank you winmcp for the support. I have been doing some researches and apparently it seems like i can apply for another type of permit as long as i meet the requirements.
http://www.udi.no/en/want-to-renew/family-immigration/

So yes the best thing for me to do now is to contact the police and inquire about work permit. I'm in Melhus kommune by the way, outside Trondheim. Crossing My fingers and hoping for positive result; if not, well i tried.

While it is clear that you can APPLY for another type of Residence Permit if you are suffering from abuse, there is absolutely no guarantee that a permit will be granted. That is something that is judged on a case-by-case basis that will most certainly require proof of several different things.

The abuse - there will need to be substantial proof of the abuse (i.e. police reports, hospital records, witnesses, etc.) The authorities are not simply going to take anybody's word for it that they've been abused. They are also going to want to know as much information as possible about the nature and gravity of the abuses.

Previous efforts to resolve situation prior to separation - Authorities are going to want to know if you and your husband made any efforts to resolve your differences other than just separating. They're surely going to want to know if you've sought marriage counselling, therapy of any kind, spiritual guidance, anything that would indicate you have at least made some efforts toward reconsiliation, otherwise they're probably going to look at your situation as though it were a "marriage of convenience" from the outset.

The law is clear, only individuals who have been married for 3 years qualify to renew the Residency Permit. The authorities are well aware of all the ways that individuals try to get around that rule, there is nothing that they haven't seen before, nothing takes them by surprise. They're going to be looking for complete honesty from you and all the evidence that you can provide them with to support your case. If you don't have all that, then you'd be much better off if you prepare to accept the inevitable end result, which would be your eventual return to your homeland.

Hello everyone. Regarding my case, UDI said I could apply for a work permit if i have atleast a bachelor's degree and is practicing my profession. In my case i have a bachelor's degree but my work is completely different from my profession so UDI was not so sure about it. They asked me to explain my situation further through email (since we only spoke on the phone). Well I got a little scared considering that my permit was closing up to expiry date and i didn't wanna complicate the process, so i didn't email them. Anyway, I renewed my permit last december, and my husband and I are trying to work things out the best way we can.
To anyone who are not sure about what to do regarding visa or permits, I wanna advice them to not be afraid to ask the right authority to get a clear answer. The person I have spoken to in UDI sounded very nice and patient.
Ofcourse, people in this forum are also very helpful and informative.
Thank you and I hope that my post will be helpful to anyone.

hey, my heart goes out to you.

I am sure you will find your way out, dont worry, you come from land of survivors and kind people. Just stay put and seek help from your employers.

I am sure they will  help you.

Try meditation for being calm, storm requires you to have balanced approach.. been through it myself, despite being a highly professional doctor, i can understand it hurts very much.

Take care , you will get over this.

sorry i cant read your message in my private message