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SET(DV) ILR Victim of Domestic Violence Need Help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jay_m2
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SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 8:01 pm

Hi ,

I was granted Leave to Remain (Spouse Visa) is 2013 Aug. 5 year Route after I married my British Partner. I switched from Student Visa. I recently was granted 2.5 year extension in February 2016. However, I was having problem maintaining my relationship with my partner because of her family(we were living separately and I was looking for place for us). After my recent extension her brother forced her to cancel my visa and tried to break our relationship (he tried to do it on many occasions). her family was never happy with the relationship and I have been going through a lot of abuse throughout my marriage. I got Visa Curtailment letter from Home Office asking me to leave the county with in 60 days. Now in the mean time her brother has been harassing me bullying me, calling me at my work, using abusive language etc.. He even give me death threats while talking to her sister on the phone which I heard. I decided to report him to police. Now when I think about it I have had enough I couldn't work or concentrate on anything because of this situation.

Now that they know that my wife is supporting me they are trying to use anyway possible to stop her and she even wrote a statement for home office asking them to resume my visa and right to work. She also wrote that her family pressurized her to cancel my visa last month.

Another part of this puzzle is that my wife have mental issues , she has severe anxiety and she have personalty disorder and Pathological Demand Avoidance. Now her family is trying to get order from court to make all decisions for her and trying to prove that she is vulnerable and I am using her taking advantage of her.

I just want to know that what is sufficient evidence to get ILR- DV ? I just have a police report when I reported against him. He is a convicted criminal and been to Jail more than 6 times so I do take his threats very seriously. I also have letters from social services and my gp. However the violence was not physical, I don't have any physical injury.

Do you think the evidence I have is sufficient to prove my case ?

Thanks for reading, I would really appreciate if someone can advise me in this matter.

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Casa
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by Casa » Tue May 10, 2016 8:09 pm

It's a family member who is threatening violence, not your spouse. An application for ILR claiming DV won't be applicable.
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by CR001 » Tue May 10, 2016 8:10 pm

Casa wrote:It's a family member who is threatening violence, not your spouse. An application for ILR claiming DV won't be applicable.
+1 - it has to be the British or settled spouse who is abusing you.
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jay_m2
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 8:30 pm

HI ,

Thanks for your reply. In section 4 of SET-DV application it states that " Please provide the documentary evidence of Domestic Violence committed against you by you partner or his or her FAMILY".

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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by Casa » Tue May 10, 2016 9:00 pm

I believe you would have to show that you are unable to continue in a relationship with your spouse.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by CR001 » Tue May 10, 2016 9:08 pm

And you have stated she is supporting your visa process.
Now that they know that my wife is supporting me they are trying to use anyway possible to stop her and she even wrote a statement for home office asking them to resume my visa and right to work. She also wrote that her family pressurized her to cancel my visa last month.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jay_m2
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 9:35 pm

I am unable to continue my relationship with my spouse because of constant stress from my in laws. That s the primary reason for my application. But do you think I have enough evidence ?

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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by Wanderer » Tue May 10, 2016 9:41 pm

jay_m2 wrote:I am unable to continue my relationship with my spouse because of constant stress from my in laws. That s the primary reason for my application. But do you think I have enough evidence ?
Bit tenuous even in the PC world.....
An chéad stad eile Stáisiún Uí Chonghaile....

jay_m2
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 9:52 pm

She was supporting me and she wrote a letter to home office to reinstate my visa but I didn't submit it. I Know its only gonna get worst my in laws will try to go by any means to create trouble for me in future. They are trying get a order from court to control all her actions if they get control over her. They will ask Home office to dis guard what ever she said. I cannot continue my relationship like this that's the reason why I decided to mke application under DV-ILR

jay_m2
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 9:56 pm

Wanderer wrote:
jay_m2 wrote:I am unable to continue my relationship with my spouse because of constant stress from my in laws. That s the primary reason for my application. But do you think I have enough evidence ?
Bit tenuous even in the PC world.....
Forget to mention Death threats from her brother who is a convicted criminal and been to jail more than 6 times. How can I continue my relationship when I fear for my life.

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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by Wanderer » Tue May 10, 2016 9:59 pm

jay_m2 wrote:
Wanderer wrote:
jay_m2 wrote:I am unable to continue my relationship with my spouse because of constant stress from my in laws. That s the primary reason for my application. But do you think I have enough evidence ?
Bit tenuous even in the PC world.....
Forget to mention Death threats from her brother who is a convicted criminal and been to jail more than 6 times. How can I continue my relationship when I fear for my life.
In that case are you not better off in your home country away from these threats?
An chéad stad eile Stáisiún Uí Chonghaile....

jay_m2
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Re: SET(DV) ILR Victim of Domestic Violence Need Help

Post by jay_m2 » Tue May 10, 2016 10:05 pm

Well , I have invested too much mentally and financially in this country. Its been 6 years for me here. I built a successful business from ground up and I don't think I am willing to give up all the hard work I put in it.

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