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Visa curtailment

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Syeda73
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Visa curtailment

Post by Syeda73 » Tue Sep 24, 2019 9:55 am

Hi please can someone explain what's happening we are a little lost...my son who has bipolar got married and brought his wife from Bangladesh about a year and half ago. She was aware of his illness and seemed very loving and caring towards him initially! They stayed with me and his dad until she felt she was able to cope on their own which never happened as her disinterest and lack of care towards him got so visible we started to ask her if she was happy or not which she confirmed she was happy but her actions showed different. Anyway arguments started to get regular and one day in june 2019 she called the police unbeknown to us and told them she didnt feel safe living with us and wanted to leave she clearly told them she wasnt unsafe with her husband but was scared when he is unwell. The police took her she took all her belongings I didnt stop her from taking anything including all the gold which was a wedding gift from us. Just to reiterate my son has had arguments with her but he has never hit her and after she left he told us some stuff that was going on behind closed doors and he said he doesn't think their relationship will ever work out again and wanted to let the home office know she has left him. Anyway she had told us she has recorded all the arguments before she left so I guess she was well prepared for the next to step she needed to stay in the UK. He wrote to the HO he got a reply yesterday after 3 months and it states that they will not curtail her visa and they cant share any more info but that they will consider his views when dealing with the case. I just want to know does it mean what I think it means that she has applied under domestic violence law to stay here and is this it or does the HO actually do any investigations into her allegations or is it her word only that gets listened to? I would like to also know if he should still write about all that has happened to the HO or would this be seen as harassment from him? Thank you

geoeng
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Re: Visa curtailment

Post by geoeng » Tue Sep 24, 2019 10:37 am

You can read more about victims of domestic violence and visas here: https://assets.publishing.service.gov.u ... ce-v14.pdf

If that is what has happened, it will be incumbent upon your son's wife to provide the required evidence to demonstrate eligibility for this type of visa. You will note from the guidance that denials and/or counter-claims will be considered by HO in deciding an application but will also be weighed against other available evidence.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Zerubbabel
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Re: Visa curtailment

Post by Zerubbabel » Tue Sep 24, 2019 10:51 am

Hello

From what you are describing, she most likely claimed domestic abuse. She called the police, they probably issued a report, but she may also have collected some other evidence (testimonies from other people, recordings...)

The law protect domestic abuse victims so they can leave their abuser without fear of repercussion on their immigration status. The law is not unfair. It's meant to protect victims of violence and avoid the situation where they would have to stick with an abusive partner just to avoid going home. I have seen cases where the abuser threatens his partner with deportation if they leave the house.

Reading this website (Bipolar support charity):
https://www.bipolaruk.org/blog/seeing-r ... olar-anger

Violent outbursts seem to be part of the equation.

This means, regardless of the actual circumstances, it's easy for her to build a domestic abuse case.

As there is something brewing, I would refrain from over communicating with the Home Office. You can write things now but it would impossible to take them back later depending on how the situation unfolds.

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Jaune08
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Re: Visa curtailment

Post by Jaune08 » Tue Sep 24, 2019 3:56 pm

Syeda73 wrote:
Tue Sep 24, 2019 9:55 am
in june 2019 she called the police unbeknown to us and told them she didnt feel safe living with us and wanted to leave she clearly told them she wasnt unsafe with her husband but was scared when he is unwell. The police took her she took all her belongings I didnt stop her from taking anything including all the gold which was a wedding gift from us. Just to reiterate my son has had arguments with her but he has never hit her
Although I’m not taking part for either party, you should remember that domestic violence doesn’t have to be physical abuse exclusively. Some victims are subject to emotional and psychological violence too. I’m unsure the role of the maniac phase of your sons’s bipolar disorder has to do with this last point, but it’s something to consider as she seemed to claim a domestic violence case.

Home Office will hear her version, gather her evidence (e.g., GP letters, record of conversations, video, etc) and will conduct separate interviews to you and your son to have a full panorama and spot any inconsistencies. The aim is to avoid any bias and evaluate if there’s a genuine victim of violence involved in the case.

If Home Office determines she’s indeed a victim of domestic abuse, two scenarios could happen. One, she will be granted Indefinite Leave to Remain (known as permanent residence). Two, she will be granted a 30months temporary visa to remain in the UK. These applications can take up to 6 months. On the other hand, if her application is rejected she might have to leave the UK. However, neither of these visa processes depend on your family anymore.

I suggest you to read the previous links you have kindly given by other members, they are quite informative about your case.

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seagul
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Re: Visa curtailment

Post by seagul » Tue Sep 24, 2019 5:14 pm

Domestic violence cases are on rise from the past few years and UKVI usually now excercise very rigours checks to validate such claims although it delay the visa curtailment. Without solid evidences domestic violence case can't succeed and any over exaggerated/false statement or fabrication of circumstances even leads towards deception where all future applications may affect. In my view given the scenario where a person is having bipolar disorder and the couple have no children and the none-EU/British partner has no threat in her country then unless very strong evidences the claim might not succeed.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Jaune08
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Re: Visa curtailment

Post by Jaune08 » Tue Sep 24, 2019 6:03 pm

seagul wrote:
Tue Sep 24, 2019 5:14 pm
In my view given the scenario where a person is having bipolar disorder and the couple have no children and the none-EU/British partner has no threat in her country then unless very strong evidences the claim might not succeed.
Hi seagul! To be honest, I differ from your opinion. I've seen cases (from work experience and a few on this forum too) where the non-EEA partner has claimed evident domestic abuse, no children are involved and still they have granted a leave to remain. The decision relies more on the circumstances that lead to claim domestic violence.

What I can see from this particular case, is that bipolar disorder can be quite threatening to another person during a maniac phase (i.e., violence outbursts) . For this reason, this lady may have a strong case based on a presumed erratic and impulsive behaviour from her husband, as long as she demonstrates it with evidence.

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seagul
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Re: Visa curtailment

Post by seagul » Tue Sep 24, 2019 6:14 pm

Jaune08 wrote:
Tue Sep 24, 2019 6:03 pm
What I can see from this particular case, is that bipolar disorder can be quite threatening to another person during a maniac phase (i.e., violence outbursts) . For this reason, this lady may have a strong case based on a presumed erratic and impulsive behaviour from her husband, as long as she demonstrates it with evidence.
Syeda73 wrote:
Tue Sep 24, 2019 9:55 am
. She was aware of his illness and seemed very loving and caring towards him initially!
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Zerubbabel
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Re: Visa curtailment

Post by Zerubbabel » Tue Sep 24, 2019 7:56 pm

She was aware of his illness and seemed very loving and caring towards him initially!
That would add more credibility to her claim as it demonstrates that she was involved in this couple as a caring and a loving person.

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seagul
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Re: Visa curtailment

Post by seagul » Tue Sep 24, 2019 8:05 pm

Zerubbabel wrote:
Tue Sep 24, 2019 7:56 pm
She was aware of his illness and seemed very loving and caring towards him initially!
That would add more credibility to her claim as it demonstrates that she was involved in this couple as a caring and a loving person.
While also primarily be known his disability which will block any claim out of it. Have you ever seen someone who win over a disabled person who have not got sound mind.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Syeda73
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Re: Visa curtailment

Post by Syeda73 » Tue Sep 24, 2019 9:46 pm

geoeng wrote:
Tue Sep 24, 2019 10:37 am
You can read more about victims of domestic violence and visas here: https://assets.publishing.service.gov.u ... ce-v14.pdf

If that is what has happened, it will be incumbent upon your son's wife to provide the required evidence to demonstrate eligibility for this type of visa. You will note from the guidance that denials and/or counter-claims will be considered by HO in deciding an application but will also be weighed against other available evidence.
Thank you and as she has never needed to see a doctor or the police becasue he was threatening her the only evidence I can gather she has is recordings of his outbursts and of us arguing x

Syeda73
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Re: Visa curtailment

Post by Syeda73 » Tue Sep 24, 2019 10:23 pm

Jaune08 wrote:
Tue Sep 24, 2019 6:03 pm
seagul wrote:
Tue Sep 24, 2019 5:14 pm
In my view given the scenario where a person is having bipolar disorder and the couple have no children and the none-EU/British partner has no threat in her country then unless very strong evidences the claim might not succeed.
Hi seagul! To be honest, I differ from your opinion. I've seen cases (from work experience and a few on this forum too) where the non-EEA partner has claimed evident domestic abuse, no children are involved and still they have granted a leave to remain. The decision relies more on the circumstances that lead to claim domestic violence.

What I can see from this particular case, is that bipolar disorder can be quite threatening to another person during a maniac phase (i.e., violence outbursts) . For this reason, this lady may have a strong case based on a presumed erratic and impulsive behaviour from her husband, as long as she demonstrates it with evidence.
Thank you for your reply I have checked the evidence that home office accept and hand on heart I know she doesn't have any of them but her sole intention was gaining entry into the uk so I dont know if she has managed to get evidence without my knowledge. She has already said she has recorded us so I presume she has conveniently recorded bits of arguments and bits of his outbursts to further her application. So I hope the home office ask us for interviews because we have nothing to hide.

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