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Status of dependent visa after Domestic violence

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newtester1
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Status of dependent visa after Domestic violence

Post by newtester1 » Fri Jan 27, 2017 8:44 pm

Hi All,

My friend who recently got married and came to UK on dependent visa filed a domestic violence case and left the home of husband and case is going on.

Husband fighting in court saying all that his wife made are false aligations and case is in final hearing in march

Question.
1. She want to stay in UK, can her husband cancel the visa
2. If he sends letter to home office how long does it take to cancel visa.

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Casa
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Re: Status of dependent visa after Domestic violence

Post by Casa » Fri Jan 27, 2017 8:57 pm

The husband can't cancel his wife's visa, that's entirely up to the Home Office.

The wife can apply for a Domestic Violence visa, which may or may not be approved, depending on the level of supporting evidence she is able to submit.
(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.

noajthan
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Re: Status of dependent visa after Domestic violence

Post by noajthan » Fri Jan 27, 2017 8:58 pm

1) Hubby cannot 'cancel' visa.
Hubby is obliged to notify UKVI of relationship breakdown.

2) Not clear. Variable.

Edit: pipped at post by Casa
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seagul
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Re: Status of dependent visa after Domestic violence

Post by seagul » Fri Jan 27, 2017 9:09 pm

Sponsor need to update immediately to HO regarding break down of relationship. Regarding domestic violence the claim won't succeed without solid proof and authorities must be now trained enough how to ensure the authenticity of such claim. I will personally suggest to recorded any message. text, correspondence, any type of communication exchanged pre/post occurrence of the alleged claims as a defense.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

vinny
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Re: Status of dependent visa after Domestic violence

Post by vinny » Fri Jan 27, 2017 11:43 pm

newtester1 wrote:My friend who recently got married and came to UK on dependent visa filed a domestic violence case and left the home of husband and case is going on.

Was the dependent visa issued under appendix FM? What is the immigration status of husband?
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newtester1
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Re: Status of dependent visa after Domestic violence

Post by newtester1 » Sat Jan 28, 2017 1:03 am

He is on Tier 2 Work Visa..

vinny
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Re: Status of dependent visa after Domestic violence

Post by vinny » Sat Jan 28, 2017 1:28 am

Then, unfortunately, I believe there are no provisions for her to apply for leave to remain as a victim of domestic violence.
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Casa
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Re: Status of dependent visa after Domestic violence

Post by Casa » Sat Jan 28, 2017 9:40 am

Vinny is of course correct. My error for not checking the visa category.

However, if there is a Court conviction for DV this isn't going to bode well for the husband's future immigration journey. :|
(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.

newtester1
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Re: Status of dependent visa after Domestic violence

Post by newtester1 » Thu Feb 09, 2017 10:20 pm

Now the court dismissed the case...

Now husband might inform Home office not sure. If he does can she stay in Country until visa expires?

vinny
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Re: Status of dependent visa after Domestic violence

Post by vinny » Thu Feb 09, 2017 10:57 pm

Until expiry or until they curtail her leave, whichever one is sooner.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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