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Domestic Violence rule

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AzimScot
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Posts: 245
Joined: Tue Feb 12, 2008 10:56 pm
Location: Scotland, UK

Domestic Violence rule

Post by AzimScot » Fri Apr 08, 2011 12:14 am

Hi,

Does anyone know what DV evidence is required to get permament stay in the UK?

So, far i believe its police caution from 1 or both parties, doctors certificate of mental or physical abuse anything else?

Also, does a person require to be on ILR to claim domestic violence rule?

vinny
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Post by vinny » Fri Apr 08, 2011 12:24 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Greenie
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Re: Domestic Violence Evidence

Post by Greenie » Fri Apr 08, 2011 8:22 pm

AzimScot wrote:
Also, does a person require to be on ILR to claim domestic violence rule?
if a person already has ilr they have no need to make an application under the domestic violence rule.

AzimScot
Member
Posts: 245
Joined: Tue Feb 12, 2008 10:56 pm
Location: Scotland, UK

Re: Domestic Violence Evidence

Post by AzimScot » Wed Apr 13, 2011 12:52 pm

Greenie wrote:
AzimScot wrote:
Also, does a person require to be on ILR to claim domestic violence rule?
if a person already has ilr they have no need to make an application under the domestic violence rule.
Is this now scrapped due to a new immigration law introduced 08/04/2011?

Will the existing claims be rejected under these new rules or upheld under previous law?

http://www.migrantsrights.org.uk/blog/2 ... c-violence

Greenie
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Post by Greenie » Wed Apr 13, 2011 1:50 pm

no it is not scrapped. read the article. The only change to the rule is that as with other categories of settlement the person needs to be free of unspent criminal convictions. This is being challenged as clearly for victims of domestic violence this rule could mean that someone is forced to stay with their violence partner if they have an unspent conviction.

As you have already been advised perhaps you should get your friend to post themselves. If the friend is the settled spouse whose partner is on the spouse visa then as previously advised whether or not their spouse is permitted to remain in the UK is not really any of their business.

AzimScot
Member
Posts: 245
Joined: Tue Feb 12, 2008 10:56 pm
Location: Scotland, UK

Post by AzimScot » Wed Apr 13, 2011 7:21 pm

So what counts as unspent criminal convictions speeding ticket?

Also, the friend doesn't write English nor knows what a forum is or the internet. Yes, I believe it is the sponsor's business be it a partner or someone else to know whether they remain in the UK by deception not for marriage isn't this what the home office is against. Also, spending time and money getting someone here for them to turn around and take over your livehood is big business I am sorry.

Greenie
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Post by Greenie » Wed Apr 13, 2011 9:34 pm

AzimScot wrote:So what counts as unspent criminal convictions speeding ticket?

Also, the friend doesn't write English nor knows what a forum is or the internet. Yes, I believe it is the sponsor's business be it a partner or someone else to know whether they remain in the UK by deception not for marriage isn't this what the home office is against. Also, spending time and money getting someone here for them to turn around and take over your livehood is big business I am sorry.
Why are you so concerned about it? What will knowing more about the requirements of a SET(DV) application help you and help your friend? It is up to UKBA whether she can remain or not. You have already been advised what he needs to do. beyond telling UKBA that the marriage has broken down it is not up to him or you whether she remains in the UK. He doesn't own her!

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