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Domestic Violence Repercussions

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mknight1701
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Domestic Violence Repercussions

Post by mknight1701 » Sun Jan 31, 2016 9:35 pm

Hi,
My partner and I are seperated. She is in the UK from a none European country on a spousal visa. This is the 2nd year of a 2 year spousal visa. I haven't yet informed the home office.

My ex is threatening to request a visa under domestic violence (DV). I do have a caution for common assault.
The circumstances surrounding DV in our relationship and the evidence I have actually show I was the abused individual but I was mostly hesitant to report to the police because I didn't want it to effect her visa and prevent us from ever having a chance to reconcile.
I do want to block her getting a visa as we have a son born on the UK but I'm unsure of the repercussions on me if she claims DV Visa.

What I would like to know is, will her claim for a DV visa adversaly effect me, now or in the future for any reason?

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CR001
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Re: Domestic Violence Repercussions

Post by CR001 » Sun Jan 31, 2016 9:40 pm

Unless there is a police investigation and court case, I guess not.

I am assuming you are on ILR or a British Citizen as you reference a 'spouse visa'.

She can apply for leave to remain based on the child if the child is British.
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Obie
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Re: Domestic Violence Repercussions

Post by Obie » Mon Feb 01, 2016 10:44 pm

If you were given caution for common assault on your wife, she could use that to support a Domestic violence application .

As you have a British child it will be difficult to get her out the country.
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mknight1701
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Re: Domestic Violence Repercussions

Post by mknight1701 » Tue Feb 02, 2016 7:35 am

Hi,
Thank you for the replies. I am a British Citizen as is my son (2 yrs)

There is a unfortunate typo in my post, I wanted to say I don't want to block her visa applications. Also to be clear, the common assault 'was on my wife'.
I simply need to know whether any DV Visa Application will have an adverse effect on me?

Could she get a leave to remain for our son as he's not been in the country 7 years? This would be good if so.

Thanks,

mamaput
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Re: Domestic Violence Repercussions

Post by mamaput » Sun Feb 14, 2016 2:18 am

YOU are not applying for any Visa, so her DV application should have no effect on you.

If your son is BRITISH, he doesn't need to be in the country for 7 years for his mother to apply for a visa as his parent.

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