Immigrationboards.com

Hi,

Quite a long one but I need help. I will try to keep it short.

We got married 4 years ago and she moved to UK 3 years ago on a spouse visa. I sponsored her.

I told her I want a divorce (not going into reason why) in September. She continued to live in my house, as I was not 100% sure if I wanted the divorce. One day we argued and she called the police on me and got me arrested on suspicion of assault and cohesive behaviour (which I 100% denied and have never assaulted or controlled her). After a month of investigating, the police had no evidence of assault and I was not charged.

After the investigation, I wrote a letter to the Home Office informing them the relationship has broken down. They have sent me back a letter to say, "we have decided not to curtail her visa".

From my understanding the only reason she is able to stay in the UK is;
1. If we have kids (We do not have any kids together)
2. If she is sponsored by her job (She does not have a professional job)
3. Is she has been a victim of domestic abuse (No evidence of this and no charges were made against me)

I have requested more information from the Home Office, wrote to them 3 times, on the reason they have decided not to curtail her visa and I have not heard anything back for over 6 weeks. This may be because of data protection.

I know this might sound bitter but I do not want her to remain in the UK after the false allegations and what she has done to me about me getting arrested.

I want to know;
1. Is there anything I can do to find out on the reason on why they have not curtailed her visa and sent her back home?
2. Can she remain in the UK on domestic abuse if there was not charge made against me? If this is the case, surely anyone can claim they have been abused.
3. Can I take any further actions on the false allegations made against me?
4. Anything else I can do to send her back home.

Thanks you in advance to anyone that will help. I appreciate it all.

Thanks

nothing you can do

Bighto678 wrote: ↑

Fri Mar 01, 2019 1:37 pm

nothing you can do

Why not. There must be a process where I can challenge the decision?

1. Is there anything I can do to find out on the reason on why they have not curtailed her visa and sent her back home?

Unlikely. Due to data protection, any correspondence will be sent to your partner and not to you and HO won't keep you updated either.

2. Can she remain in the UK on domestic abuse if there was not charge made against me? If this is the case, surely anyone can claim they have been abused.

If she can prove it and has evidence to back it up, yes she could potential gain ILR based on domestic violence. It is not the easiest route though but note that domestic violence does not have to be physical abuse. It can be mental, emotional or financial.

3. Can I take any further actions on the false allegations made against me?

Against who??

4. Anything else I can do to send her back home.

It is not for you to decide now. You have informed HO accordingly and it is now up to them and they will likely give her the option of applying for leave to remain she believes she qualifies for based on her circumstances.

There is definitely nothing you can do anymore. You have told HO your side of the story, they will listen to her and will not discuss her issue with you anymore on data protection

rashill wrote: ↑

Fri Mar 01, 2019 1:39 pm

Bighto678 wrote: ↑

Fri Mar 01, 2019 1:37 pm

nothing you can do

Why not. There must be a process where I can challenge the decision?

and keep in ur mind that now she wil also tell home office anything against u and ur chance to get ur self in touble as home office wil look all ur histroy that how u gain all visa and ilr or any thing home office wil investgate deeply in both case

Yes he is right. If you pull it far, they might become suspicious of you and start investigating you. She has human right too and the law gives more protection to them. So be careful, let her alone and face your life. Don’t be so hurt to eventually get distracted and harm yourself.

Thanks for all the replies.

Now I know I cannot challenge the outcome which is frustrating. Guess there is nothing for me to do regarding this.

rashill wrote: ↑

Fri Mar 01, 2019 2:17 pm

Thanks for all the replies.

Now I know I cannot challenge the outcome which is frustrating. Guess there is nothing for me to do regarding this.

Move on. I wish you best of luck. Try staying away from her. Try not to contact. Given, the past police experience, she can again call the police for alleged harassment etc.

The DV ILR is being abused by so many woman its very sad. Me estranged wife is also applying right now as we speak but my case is different because
1. there is no record of police, GP or any support services. after I informed HO and they curtailed her visa she was advised by her relatives to go down the DV route in order to stay in UK.
2. She only started going to refuge centres after 3 days before receiving letter to curtail her visa.
3. she also started to go to new GP to say she is stressed because she is a victim of emotional abuse.
4. her relatives are going to give false support letters.

So basically everything is cooked an i am hoping HO pick this one up and see all the false claims.