Domestic Problem and citizenship

Dear All,

I feel i am in some serious trouble. My wife of 7 years decided to leave me sometime back as she was and is seeing a colleague from her work place. I was not able to let her go then so she continued to be with me and finally i filed for her Indefinite leave to remain. Soon after there were arguments and one day we had some heated exchanges and she made a big spectacle by shouting and going to the neighbour and crying about it. The neighbour called the police and i was arrested for abuse and harassment and later was released on bail. I believe there would be a case in crown court as informed by the police.

I have various questions;

I am still to apply for citizenship and worried if this would lead to a criminal record on my file and denial of citizenship subsequently?

Can i get my wife's ILR revoked as she used me in a way and waited for me to apply for the ILR ? what if she already applied for her citizenship and got it, can i still get her citizenship and ILR revoked ? since it is more than 1 1/2 years since she got the ILR and i have been delaying from applying for citizenship for myself as i was not that keen then but am worried now about the same.

I would appreciate your responses.

Rachyan

similar thing happened to me and they gave both me and my wife as police caution(at the police station) so I am very anxious abt it aswell. I am a bit surprised they took the issue to court for you unless there was something else

Believe it or not but i am the victim here. She told to the police that i was threatening and would kill her and her life is in danger. Police warned me to keep distance and not go near her or make any contact till the court deals with it. I never did anything of such sort. Now she is staying with my neighbour and the guy is telling me that she is filing to the court for non molestation and occupation order. I have spent my last penny breaking my back off paying for the mortgage and looks like i will be homeless soon.

I would request not to put salt on my wounds and advise me on this. I am consulting solicitors but they want to first see developments.

dr_raihan29 wrote:similar thing happened to me and they gave both me and my wife as police caution(at the police station) so I am very anxious abt it aswell. I am a bit surprised they took the issue to court for you unless there was something else

I am really sorry to hear about it. However, lets be honest.

1. If you have a criminal record, you are very unlikely to receive a citizenship. Someone on this forum was taken to court because of speeding and he was refused the british citizenship!

2. You can write to the HO, explaining that she has used you just to get the ILR, but as you have a criminal record (will have?) the HO make not take it seriously.

3. I would probably think about going to a very experienced lawyer and talk to him. If she has not received a citizenship, then she would try to avoid any court action. Needless to say this may go against her.

So my advice would be (a) start talking to the HO and (b) speak to a lawyer

rachyan wrote:Believe it or not but i am the victim here. She told to the police that i was threatening and would kill her and her life is in danger. Police warned me to keep distance and not go near her or make any contact till the court deals with it. I never did anything of such sort. Now she is staying with my neighbour and the guy is telling me that she is filing to the court for non molestation and occupation order. I have spent my last penny breaking my back off paying for the mortgage and looks like i will be homeless soon.

I would request not to put salt on my wounds and advise me on this. I am consulting solicitors but they want to first see developments.

dr_raihan29 wrote:similar thing happened to me and they gave both me and my wife as police caution(at the police station) so I am very anxious abt it aswell. I am a bit surprised they took the issue to court for you unless there was something else

Very sorry to hear that. Why would you lose your home is you have paid all by yourself. How about if your partner is not interested in any of your property would the court still force you to share it with her!!

As far as reporting her to the Home Office with the intention of revoking her ILR...you would 'shoot yourself in the foot' as you would be admitting to a false declaration when signing the application form...which would be considered a criminal offense.

Casa wrote:As far as reporting her to the Home Office with the intention of revoking her ILR...you would 'shoot yourself in the foot' as you would be admitting to a false declaration when signing the application form...which would be considered a criminal offense.

He wouldn't be making any such admission - if at the time of her ILR application they were living together and he expected they would continue to do so, there would be no evidence of a false declaration.

His problem is that if he alleged that she deceived him and at the time of the application it was not her intention to continue living with him as his wife, he's got to prove what her intentions were at that time, and he won't be able to.

And on top of that, now she's had him charged with violence against her, if there was any doubt about her previous right to ILR, she could claim ILR under the domestic violence provisions.

There isn't much point in pursuing her over her immigration status, in my opinion, but he needs legal advice to help him salvage what he can out of a miserable situation.

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[quote=''one day we had some heated exchanges and she made a big spectacle by shouting and going to the neighbour and crying about it.
[/quote]

May be my question will looks like funny , but want to ask that if a partner cries and shouts and tells others that her partner abuse her and make harassment then how can she prove it ? She can act making her partner in false position, isn't ? So, if it is possible to put male partner in false position by his lady as she wish , then hundreds male partners in this country will fall in to this situation like that! Will not the court need some evidence for it ?

johnsienk wrote:>>Someone on this forum was taken to court because of speeding and he was refused the british citizenship!

Generally, no one would be denied naturalisation based on a minor speeding offence.
Are you referring to the guy who was speeding and driving on a provisional license without displaying an L plate and (presumably) unsupervised?

It is not the speeding that cost him his citizenship, but driving without a license and without insurance (as driving on prov.license without L plate and/or supervision invalidates insurance). These are not trivial offences by any means!

On a positive note, naturalisation denial is not permanent, and most folk will be eventually successful--sooner or later (unless we are talking about really serious crimes, which are rare). Just keep on applying every couple of years or so and eventually they will say 'yes'.

This is purely discretionaly and based upon the HO decision.
I do not know details and if he was driving on the provisional driving license/uninsured or not paying for speeding and taken to the court, but the bottom line here is its up to the HO to decide. If you have done something wrong in the past, you are likely to be refuse the citizenship.

A good example is Al-Fayed. For years, Fayed unsuccessfully sought British citizenship and with all his political power and money yet he is not British.