Domestic Violence Whilst on Spousal Visa

[Jon.Mason]

Hi everyone, urgent question.

What happens when a person is on a spousal/settlement visa, and then alleges domestic violence to the police, and the police find no evidence of domestic violence and take the investigation no further?

From what I understand, the mere allegation entitles the victim to claim emergency housing, benefits, legal aid, and a fast track to indefinite leave to remain. Is this correct?

If the British citizen other partner refutes the allegations to the police but does not notify or make a statement to the home office to get their partner deported, would the migrant still get investigated by the home office? What would happen to the visa status if they no longer live together but are still legally married, i.e. they have not legally divorced yet?

I read here that the migrant must prove they had a "genuine and subsisting relationship", so they had to live together a certain period of time before the domestic violence clause can be utilised?

http://evaw-global-database.unwomen.org ... tion-rules

If anyone has any knowledge, experience, references, links etc related to this situation or knows anything about the process, please let me know, its a matter of urgency.

Thank you.

[CR001]

If the relationship is no longer subsisting, HO needs to be informed on the prescribed form, whether separate or divorced.

https://www.gov.uk/visas-when-you-separate-or-divorce

For ILR based on Domestic violence, substantial evidence from various places (GP, social services, womens aid, police etc) is required. ILR is not simply granted because some just says it occurred. DV ILR cased takes months and HO verify all evidence before making a decision.

[Zerubbabel]

the mere allegation

When it comes to immigration, nothing works by the mere allegation. Everything has to be demonstrated and proven.

[geoeng]

Additional guidance here:
https://assets.publishing.service.gov.u ... ce-v14.pdf

Neither allegations of domestic violence nor the potential consequences of these allegations are taken lightly throughout the process.

[Jon.Mason]

Ok, in this particular case, an allegation was made to the police and insufficient evidence was found and the case was closed. Can a police report still be considered sufficient evidence?

Also, the couple only lived together 3 or 4 months. Is that enough time to apply for ILR on DV?

What is considered sufficient evidence?

[CR001]

Ok, in this particular case, an allegation was made to the police and insufficient evidence was found and the case was closed. Can a police report still be considered sufficient evidence?

Also, the couple only lived together 3 or 4 months. Is that enough time to apply for ILR on DV?

What is considered sufficient evidence?

One single police report would not be considered sufficient.

There is no minimum 'living together' time for ILR based on DV, which is why substantial evidence is usually required and HO do check and verify it too.

[CR001]

Kindly also read page 22 onwards.

https://assets.publishing.service.gov.u ... ce-v14.pdf

[Jon.Mason]

Also what are the legal consequences to both parties for failing to disclose they are separated if they are not legally divorced?

[CR001]

Also what are the legal consequences to both parties for failing to disclose they are separated if they are not legally divorced?

Not sure what you mean by legal consequences.

[geoeng]

Ok, in this particular case, an allegation was made to the police and insufficient evidence was found and the case was closed. Can a police report still be considered sufficient evidence?

Also, the couple only lived together 3 or 4 months. Is that enough time to apply for ILR on DV?

What is considered sufficient evidence?

"A report of attendance at an alleged incident is not itself proof of domestic violence. Evidence of police follow up action or supporting evidence, for example medical evidence, will generally be required." (from the link I posted). That said, there is a variety of types of evidence that could be accepted so it's hard to say one way or the other. The amount of time spent living together wouldn't really be considered in this case if a spouse visa were already granted except in the context that it creates suspicion as to the original reason for the relationship. There is no real definition of sufficient evidence in the case of domestic violence: "The Immigration Rules do not specify any mandatory evidence or documents to be submitted with an application. All evidence submitted must be considered and a conclusion drawn as to whether there is sufficient evidence to demonstrate that, on the balance of probabilities, the breakdown of the relationship was as a result of domestic violence."

[Jon.Mason]

Also what are the legal consequences to both parties for failing to disclose they are separated if they are not legally divorced?

Not sure what you mean by legal consequences.

By legal consequences, I mean is it a crime to not report a separation? Can either party be prosecuted or can anything happen to them? can the home office punish the immigrant because neither party reported the separation?

If the immigrant spouse doesn't report it, can that harm their DV application?

[CR001]

Also what are the legal consequences to both parties for failing to disclose they are separated if they are not legally divorced?

Not sure what you mean by legal consequences.

By legal consequences, I mean is it a crime to not report a separation? Can either party be prosecuted or can anything happen to them? can the home office punish the immigrant because neither party reported the separation?

If the immigrant spouse doesn't report it, can that harm their DV application?

No.

[Jon.Mason]

Ok so what is likely to happen in a case where the spouse on a visa alleges domestic violence, only provides one police report which resulted in no further charges?

Would it likely get rejected?

Would she likely be deported?

If she has British children, would she have any other root to stay if the IDR application gets rejected? Is there a risk of her being sent back home?

Also what is she likely going to get in terms of benefits, legal aid, housing etc?

Lastly, what is the actual process for domestic violence IDR?

[CR001]

Would it likely get rejected?

Yes

Would she likely be deported?

Her visa could be curtailed to 60 days.

If she has British children, would she have any other root to stay if the IDR application gets rejected? Is there a risk of her being sent back home

Yes, FLR(FP) Parent route likely the 10 year route, i.e. 4 x 2.5 year visas.

Also what is she likely going to get in terms of benefits, legal aid, housing etc?

Very little if there is no evidence of domestic abuse. If she gets another visa based on children, she would have to ask HO to remove the recourse to public funds restriction. They don't always do it though.

Lastly, what is the actual process for domestic violence IDR?

Not sure what you mean by IDR, presumably you mean ILR (indefinite leave to remain). A person would apply on form SET(DV) submitting all the documents and evidence required. HO then processes it once the person has enrolled their biometrics. These applications take many months and a lot of them are refused. Many spouses use DV as a reason to get ILR or other leave to remain when the sole purpose of getting married and a spouse visa was simply a way to get into the UK. Once here, they fabricate DV (both male and female) to get ILR. So the SET DV route is heavily scrutinised.

[Zerubbabel]

Maybe you need to give away more about your specific circumstances.

When a separation occurs, either of the spouses may report it to the Home Office:

https://www.gov.uk/visas-when-you-separate-or-divorce

This would cause visa curtailment for the non-British partner. That partner would have either to leave the country or find a suitable immigration route to stay in the UK.

If nothing is done, it may stay under the Home Office radar for a while but it will be discovered at one point. The last opportunity would be when the person applies for renewal or ILR and the entire story would appear.

My best friend is a cop and I have other friends with similar occupations. They spend good deal of their time knocking doors to bring peace between couples, tenants, neighbors... These reports are so common that I don't see a single one, especially a trivial one, ending in an ILR.

Abuse is a serious mater but often hard to demonstrate unless there is physical violence that leaves a long trail of indisputable medical reports. I have seen a case where years of psychological abuse, threats, stalking, rapes... ending in court with each person accusing the other of lying. At the end of the day, the case was dismissed because the husband had a good legal team and the wife had nothing but her word and a testimony of family/friends who didn't see anything themselves but were testifying based on what she told them over the years.

It's not enough to call the 999 and tell the operator that you are victim of violence to qualify for ILR.

[seagul]

Such cases are on high rise in now a days and a lot of people on account of little misunderstandings start pursuing that route without knowing the consequences. These cases are highly scrutinised and if in case of any false statement/witness or fabrication of false stories then it leads to deception where even existing status ceases to exist.