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Domestic Violence as a Dependant of a Tier 4

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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questionguy65
Newbie
Posts: 35
Joined: Wed Sep 12, 2012 11:00 am
United Kingdom

Domestic Violence as a Dependant of a Tier 4

Post by questionguy65 » Sat Jan 20, 2018 1:29 pm

So a spouse of a dependant of a tier 4 visa holder is making false evidences including apology letters and apology texts for her case of domestic violence. God knows what that person hold lawyers about it. There is no police involvement or anything. Everything was OK, one day the husband came home and sees the wife took all her belongings and left a letter saying I can't take it anymore considering 2 days ago they had an intimate relationship! She is living separately not telling the husband where she lives (they both have Islamic culture and have both marriage certificates in UK and from their home country). Note: Wife used to beat the husband and the husband never raised a hand on her. Mutual verbal arguments were there every now and then.

Question:

1. Can she apply for Settle in the UK as a victim of domestic violence? Considering that the husband is no British citizen or settled in the UK.

2. If she proves the domestic violence by love letter and apology letters and false acquisition, would this have a negative effect on the husband future settlement/naturalization applications?

Thanks.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Domestic Violence as a Dependant of a Tier 4

Post by Casa » Sat Jan 20, 2018 1:49 pm

questionguy65 wrote:
Sat Jan 20, 2018 1:29 pm
So a spouse of a dependant of a tier 4 visa holder is making false evidences including apology letters and apology texts for her case of domestic violence. God knows what that person hold lawyers about it. There is no police involvement or anything. Everything was OK, one day the husband came home and sees the wife took all her belongings and left a letter saying I can't take it anymore considering 2 days ago they had an intimate relationship! She is living separately not telling the husband where she lives (they both have Islamic culture and have both marriage certificates in UK and from their home country). Note: Wife used to beat the husband and the husband never raised a hand on her. Mutual verbal arguments were there every now and then.

Question:

1. Can she apply for Settle in the UK as a victim of domestic violence? Considering that the husband is no British citizen or settled in the UK.

2. If she proves the domestic violence by love letter and apology letters and false acquisition, would this have a negative effect on the husband future settlement/naturalization applications?

Thanks.
As a Tier 4 Dependent she doesn't qualify for SET(DV). See below:
Form SET (DV) must be used if you are applying for indefinite leave to remain as the victim of domestic
violence after being admitted to the UK or given leave in the UK or an extension of stay as the spouse,
civil partner, unmarried or same sex partner of a person present and settled in the UK or of a serving or
discharged member of the HM Forces who is a British citizen or has served for at least 4 years.
(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.

questionguy65
Newbie
Posts: 35
Joined: Wed Sep 12, 2012 11:00 am
United Kingdom

Re: Domestic Violence as a Dependant of a Tier 4

Post by questionguy65 » Sat Jan 20, 2018 1:50 pm

Thank you.

What about the second question?

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Domestic Violence as a Dependant of a Tier 4

Post by Casa » Sat Jan 20, 2018 2:53 pm

questionguy65 wrote:
Sat Jan 20, 2018 1:50 pm
Thank you.

What about the second question?
In my opinion, this would require a Court conviction. I'm assuming there are no Police/medical/women's refuge reports.
(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.

saleemkhan1
Junior Member
Posts: 86
Joined: Thu May 11, 2017 9:03 pm

Re: Domestic Violence as a Dependant of a Tier 4

Post by saleemkhan1 » Fri Mar 09, 2018 11:25 pm

If wife goes on domestic violence and her husband signs the divorce papers, you should keep in mind that as you have mentioned religion and culture, so in both ways she would be divorced and when she wants to remarry u, she needs halala. Now up to you how you ruin your and her life just for a piece of paper!

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