Domestic violence

[furry23]

Hello
Hope everyone Is well and safe. I am a silent reader of this board. I need information regarding spouse visa domestic violence.
I came to uk on student visa in 2018. Completed my study and doing job in company. I got married with British guy in 2019 and got a spouse visa. Unfortunately our relationship has been broken down due to domestic violence. This includes verbal, mental abuse and controlling behaviour from lot of different occasions (not going in detail). As an evidence I have below documents.
1 Gp report ( stating they gave me medicines due to stress and anxiety that was happening due to Dv)
2 Reported to police ( but no police caution or any thing).because there was no physical abuse. So police did not take seriously.
3 Non molestation order (without findings of fact)
4 Victim support and marac letter
5 letter from my HR as I informed her about the incidences happening and she supported me few times. Like letting me go home early etc.
6 I have some voice recordings where he is doing verbal abuse and mentally torture. Shall I get a transcript of these and submit with the application?
The day I left house my husband was chasing me and not letting me to leave. Two people on the road helped me to escape. Can I use them as a witness ?

Could you please answer the above questions. And do you think my case is strong? Any one with similar scenario please guide what evidences they provided ? Thanks

[Zerubbabel]

Hello,

My honest opinion: weak case.

You came to the UK in 2018, married in 2019. Within a few months, your husband turned controlling. You then went to the GP and got some pills.

That's all. It holds in 1 line.

Emotional abuse is taken seriously but it builds and escalate over time. The longer it last, the better it can be substantiated and argued that it affected the health of the victim. But living with an awful husband for a few months would be a bit on the light side if you want to build an immigration case.

Also, even if it's not easy, you need testimonies of other people / third parties.

[seagul]

Yes I agreed with previous poster that it seems a very weak case and such evidences aren't credible due to easily being formable. Leaving home then absconding won't add any weight rather even putting you in trouble as there is no place to hide and nobody houses to any unknown person even no new tenancy is taking place. I am sure during this pandemic such cases might rise due to staying at home, no socialising, deteriorated savings, and high amount of anxiety.

[furry23]

Thank you for the reply. Yes it's been 6 months of our wedding and I know it is quite less time. But living in abusive relation and in toxic environment is very hard. Proving the verbal and emotional abuse is quite hard. He was not letting me to go to the GP on my own. I booked appointment with GP secretly and informed my GP about the situation. Then my Gp told me to contact with victim support.
Not letting me to see my family and friends. Making me to delete all Male uni colleagues number. Threating me If I see my family and tell them any thing. Shouting at me if I am late from work. I have been put at high risk from victim support. And I have some voice recordings as well in which he shouts and threat me. Still no hope?

[zimba]

Also as far as I know ILR based on domestic violence requires a person to initially have been admitted to the UK as a partner of a settled person. The threshold of proof is also quite high to prevent abuse. UKVI often expects you to leave the UK to avoid abuse rather than you be given a right to stay in the UK as your connections here are not that strong and going back home is a viable option.

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

[furry23]

Hello
I need some information. Do we have an option for Judicial review if set DV (domestic violence ILR) gets refused ? I read some where that HO has finished the Judicial review option for Set DV application. But not sure. So I am here if some one knows about this.
Just to clear I have not applied for the application yet. It is been 6 weeks since our relation has been broken down permanently. I am just about to submit my application soon. I am just checking the Judicial review option incase.

[CR001]

Judicial Review is NOT a review through the immigration route. It is through the courts. If you lose, you have to pay HO's costs and legal fees too.

https://www.judiciary.uk/you-and-the-ju ... al-review/

Judicial review also does not give you any protection under the Immigration Rules. JR is also very expensive, so you will need deep pockets.

[furry23]

Ok. So it means we have an option of judicial review if set dv application gets refused ?

[CR001]

Refusals usually have the option of Administrative Review, which is when you believe HO has made an error. It is reviewed by HO again.

JR is a court process, nothing to do with HO reviewing.

Anyone can institute a JR, but the proper procedure has to be followed to do it and it is expensive.

[CR001]

If you are already anticipating a refusal and jr, it means you must know you have a weak case.

Note also that you cannot submit voice recordings or their transcript with your application. It won't be considered as your spouse could be anyone in the recording or transcript.

[furry23]

Hello CR001 thank you for the comment.
There was no physical abuse involved. However had lot of controlling behaviour, verbal and mental abuse at many different occasions. And have voice recordings of these.
HO consider these as an abuse. But it is very hard to prove these. If there is physical abuse then police caution or conviction can prove these. But other abuses hard to prove.

Did you apply for set dv as well? If so please share what evidences you provided ?

[furry23]

Hello
I have already posted few posts about set dv. I have one more question. So please bear me
It is been around 6 weeks since our relationship has been broken down due to domestic abuse. I am collecting all the evidences but it is taking longer due to covid 19. And I am afraid if my husband has informed HO they may curtail my spouse Visa. I know we need to apply asap after breakup. But does any one know how much time does HO allow to apply after breakup ?
Secondly I was thinking to submit the application now.and then will collect the remaining documents before biometrics. As currently there is delay in getting the biometric appointments
Any advise please

[CR001]

Can you please stick to one topic (this one) for all your questions. It is not necessary to start a new thread each time!!

[furry23]

Ok I will do. I was not sure how this works

[seagul]

According to national abuse helpline there has been 49% exponential rise over domestic abuse cases due to lockdown. Maybe authorities now strengthens further the threshold before any occurrence qualifies as domestic abuse.

[THO]

Furry, what is stopping you returning to your home country? The HO will want to know why you have a very reasonable case to stay in the UK, after all you came here to be with one person, and that is no longer the reason for you to be here.

So by rights, you should return home? That is what the HO will say, and unless you have a reason that is better than, I don't want to go back to my own country, I can't see them granting you a visa. Their argument will be, you married this man to get the visa to the UK and not you married him because he was Mr. Right.

[Codine]

I believe some of the replies to furry23 are wrong. In order to qualify for DV ILR you do not have to give reasons as to why going back to your country isn’t an option. The guidance does not state the victim must show he/she has strong connections in the UK. This application is not a private life application.
In my opinion furry23 has a good chance. The evidence she has provided is sufficient. I have listed below the value of evidence according to what furry Had provided and i have used the dv ilr guidance note establish the strength of her evidence.
1. GP report - moderate
2. Police report(no caution) - moderate
3. Non molestation order (no findings) - strong
4. Victim support and MARAC letter - strong
5. Letter from HR - weak
6. Voice recording or messages - weak

In my opinion, evidence 3 and 4 are what might help you get a favourable decision.

[seagul]

.
1. GP report - moderate.

That will carry nill weight because GP won't comment that stress/anxiety is actually caused by relationship failure & mistreatment. During cvd19 pandemic almost everyone is caught up with it.