ILR- Domestic Violence!

[Lord_Sid]

I got married in October 2013. She tried to create or be mellow dramatic about things and try to create an episode of domestic violence against me.

I understood the game and became vigilant. I wrote to HO asking to curtail leave, they decided not to do this; I understand it is their discretion.

In any event, the episode did not stop there. She went back home in 2015 and I decided to divorce her in foreign divorce. However, she turned up at my home address trying to provoke me into hitting her. Unfortunately, for her, this did not happen. Police attended and all episode was recorded as me being the victim. However, no charges were pursued. The police told her to be on her way and do not return to the property or she will be arrested for breach of peace.

My home got raided 3 months after the above and I was investigated for domestic violence, false imprisonment, assault, battery and some other offences.

I voluntarily attended the Police Station (as I am not intimidated). I gave interview and invited the police to bring charges against me. However, after 8 months of "investigations" - no charges were ever brought up against me. So, in short, I was never arrested nor charged. I have a letter from police indicating that.

My ex then issued a divorce petition in the UK which I disputed on jurisdictional grounds. She said in Court that she has got ILR. Although, when the judge asked her to show this, she said she did not have it on her. Further, she said it is very important for her to obtain "english" divorce which makes me wonder that she is looking to re-marry in the UK. This is fine, I do not really care, but if she has had ILR then she wouldn't need an "english" divorce etc.

This makes me wonder as to how is it possible for her to obtain ILR when I was never charged/arrested or there is no evidence of Domestic Violence against me or family.

Is it possible she is lying? If DV was this easy, I would be surprised or will call this ridiculous.

[CR001]

It is not that easy, she would have needed substantial evidence from many sources to prove DV.

[Lord_Sid]

I thought so that too. Although, she may have cooked a good game as in having "psychiatrist sessions" etc. Not sure if havibg them alone is sufficient.

[CR001]

No, that would not have been sufficient.

[secret.simon]

In any case, the jurisdiction for divorce is not based on either ILR or being a British citizen or having a visa. It is based on domicile.

Overseas divorces
Supporting notes for guidance on completing a divorce/dissolution/(judicial) separation petition

The definition of domestic abuse is much wider than you think. It includes emotional, financial and psychological abuse in addition to the more conventionally expected physical and sexual abuse.

If you have legal representation, worth discussing this with them.

[Lord_Sid]

I understand that DV is quite wide in terms of interpretation. But one "alleging" it doesn't necessarily prove anything. Considering, she stayed at my home for a mere "8 months". She is claiming emotional, financial stress or whatever you want to call it.

So, I am quite surprised if she has got the ILR based on that. The DV for emotional/financial stress is same and does amount to criminal offence, but I was never charged.

In terms of jurisdictional dispute, I have got this under control. I was just shocked when she said she's got ILR.
I cannot comprehend as to how!

[secret.simon]

I think (I could be wrong) that it may be possible for the Home Office to grant ILR based on DV even if there is no charge of DV in the courts.

The standards for proving DV in the courts may be much higher and the Home Office may decide that it is too high in individual cases.

[Lord_Sid]

Standard of proof can indeed be high in criminal Court, hence HO even accept Police Cautions. This is a peculiar matter. I hardly see HO being sympathetic towards any application, but oh well. it is what it is I guess.

[Obie]

Well i recently dealt with a woman who was a victim of domestic violence. The man did not need to lift a finger against her for it to be domestic violence. The emotional torture, using her bank card unlawfully, and verbally demeaning her, was sufficient to prove on a balance of probabilities that domestic violence had occurred.
There are many ways, she may say my husband tried to have sexual intercourse with me against my wishes, he shouted at me, humiliated be. Many ways.