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Settlement as a victim of domestic violence

Posted: Tue Apr 25, 2017 10:06 pm
by Hanieh21
Ok, so this is a complicated case but I would appreciate any sort of help.

The case is about my brother and his wife. They got married abroad in 2009 when my brother was on a student visa here and she joined him on a dependant visa. In 2012, he was settled here based on a long residency (10 years) and a year after he became a cirizen. His wife, however, was not able to pass the English requirement test for a spouse visa and after spending a lot of money on a lawyer, she was granted a discretionary visa for three years ( which she extended in 2015). Their marriage has been rocky, she did not want to go to college and learn English, or find friends and socialise. She was also against having children and did not want to work. So this year, after 8 years of marriage, my brother had enough and instructed his lawyer back home to file for divorce. He did not want to do it here because he wanted her to go back. As soon as he did so, while he was at work, she went to the police and said that my brother had assaulted her and threatened to kill her. Long story short, after two month of investigation, the police had no evidence and did not charge my brother or give him a causion. However, during this time, she contacted several charities and with their help, moved to a house and applied for settlement as a victim of domestic violence.
My brother contacted the home office and sent them a letter explaining everything, but he still has not heard anything. ( this happened in January). I want to know if there is anything more that can be done since her application is fraduelent and based on lies. Is there any way for my brother to know if she has been granted settlement? And is home office going to grant her settlement without any evidence that the assault happened?

Re: Settlement as a victim of domestic violence

Posted: Tue Apr 25, 2017 11:09 pm
by CR001
No, there is no way he will know or be informed by HO. The only person HO will communicate with is her representative or her.

He has an obligation to inform HO on the prescribed form that the marriage has broken down and is no longer subsisting. I assume he has not done this??

https://www.gov.uk/government/publicati ... nsent-form

As an aside, she would require evidence of domestic violence to qualify for DV settlement and it is important to note that DV is not necessarily physical. It can be emotional, mental or financial abuse.

Re: Settlement as a victim of domestic violence

Posted: Wed Apr 26, 2017 6:04 pm
by Hanieh21
CR001 wrote:No, there is no way he will know or be informed by HO. The only person HO will communicate with is her representative or her.

He has an obligation to inform HO on the prescribed form that the marriage has broken down and is no longer subsisting. I assume he has not done this??

https://www.gov.uk/government/publicati ... nsent-form

As an aside, she would require evidence of domestic violence to qualify for DV settlement and it is important to note that DV is not necessarily physical. It can be emotional, mental or financial abuse.
He had done the form and sent it to the curtailment department of the home office, and they contacted him to adknowledge that they received his letter, they asked for her address but he did not have it.

What sort of evidencedoes she need to prove domestic violence?

Re: Settlement as a victim of domestic violence

Posted: Wed Apr 26, 2017 6:10 pm
by Casa
Evidence such as a doctor's report, police report, residence in a woman's refuge.

Re: Settlement as a victim of domestic violence

Posted: Fri Apr 28, 2017 2:11 pm
by Hanieh21
Casa wrote:Evidence such as a doctor's report, police report, residence in a woman's refuge.
Do you know if she is eligible to apply for settlement as a victim of domestic violence if she is on discretionary visa and has never been on a spouse visa? She came to the uk as a dependant of a student and then got the discretionary visa.