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SET DV and Spouse Visa Curtailment

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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Azra67
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URGENT SET DV Application

Post by Azra67 » Wed Aug 23, 2023 1:06 am

Hi everyone, I’ve been on a Spouse visa in UK since 2021. My relationship broke down to continuous domestic abuse from my husband: emotional, verbal, financial, coercive control as well as breaking plates and throwing things. He was threatening me, humiliating me and saying things that I do not wish anyone to hear ever.

My spouse visa is expiring in a few weeks and I have no intention to stay in this relationship. I was advised to submit a Set DV application (not eligible for DDV). The documents I have:
Police report (pending further investigation) + bail
Victim support letter
GP letter stating that my mental health was affected
Back on track therapy stating the same
A statement from an licensed independent psychologist back in 2021 when I was kicked out from the house by my partner and needed emotional support
Emails from refuges saying that I’m not eligible for a refuge due to “no public funds” access
Bank statements with me sending large money to my husband (that was stated to police as it was under threats)
Abusive Text messages and audios
My old diary on my phone (last edit 2021, so can prove that it’s ongoing and old)

What other evidence would be helpful in my case?

I appreciate your help

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zimba
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Re: URGENT SET DV Application

Post by zimba » Wed Aug 23, 2023 1:46 am

UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR. There is an official guide on this.
Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Azra67
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Re: URGENT SET DV Application

Post by Azra67 » Wed Aug 23, 2023 11:59 pm

Thanks. Does anyone have experience with SET DV? Do I have good chances to be granted an ILR if I have moderate evidence and maybe one string, but no conclusive?

AmazonianX
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Re: URGENT SET DV Application

Post by AmazonianX » Thu Aug 24, 2023 3:29 am

Azra67 wrote:
Wed Aug 23, 2023 11:59 pm
Thanks. Does anyone have experience with SET DV? Do I have good chances to be granted an ILR if I have moderate evidence and maybe one string, but no conclusive?
A couple of threads on the forum about it, use the search function.
The best that can be said already stated by zimba, it ultimately depends on how the HO CW evaluates the case.
Did you go through the guide whose link was provide in previous reply?

Azra67
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Re: URGENT SET DV Application

Post by Azra67 » Thu Aug 24, 2023 3:31 pm

Yes, I did go through the guide - thank you.
I understand that the HO gives different value to each piece of evidence. Therefore, I just wanted to see if anyone had experience with a positive application result without any conclusive evidence and only 1-2 strong, and other moderate documents. Thanks

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zimba
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Re: URGENT SET DV Application

Post by zimba » Thu Aug 24, 2023 4:39 pm

Azra67 wrote:
Thu Aug 24, 2023 3:31 pm
Yes, I did go through the guide - thank you.
I understand that the HO gives different value to each piece of evidence. Therefore, I just wanted to see if anyone had experience with a positive application result without any conclusive evidence and only 1-2 strong, and other moderate documents. Thanks
The immigration system is not 'experience based'. The experience of others may not reflect much on your case as each case is quite different from another. The threshold for granting ILR under the domestic violence route is understandably high to avoid abuse. In rare circumstances, such claims were used to circumvent the immigration system and as a way to stay in the UK when it was not appropriate. I suggest to apply and provide as many documents as you have.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Azra67
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SET DV and Spouse Visa Curtailment

Post by Azra67 » Thu Sep 07, 2023 12:05 am

Hello, if my husband reported that our relationship broke down to the Home Office while I was preparing to apply for SET DV and I receive Ltd a curtailment letter. Then, will I still be able to make a SET DV application? Will I still be covered by section 3C? Thanks

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zimba
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Re: SET DV and Spouse Visa Curtailment

Post by zimba » Thu Sep 07, 2023 12:24 am

Yes. Note that reporting the breaking down of a relationship does not necessarily lead to curtailment of leave
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Azra67
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Re: SET DV and Spouse Visa Curtailment

Post by Azra67 » Thu Sep 07, 2023 1:02 am

Thanks, so will I still be able to stay in the UK and work while my SET DV is being processed even if he reported the breakdown of the relationship to the Home Office prior to me making the application ( a few days before that)?

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zimba
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Re: SET DV and Spouse Visa Curtailment

Post by zimba » Thu Sep 07, 2023 2:16 am

Azra67 wrote:
Thu Sep 07, 2023 1:02 am
Thanks, so will I still be able to stay in the UK and work while my SET DV is being processed even if he reported the breakdown of the relationship to the Home Office prior to me making the application ( a few days before that)?
Yes. Your visa remains valid until expiry unless told otherwise by UKVI.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Re: SET DV and Spouse Visa Curtailment

Post by AmazonianX » Thu Sep 07, 2023 2:38 am

Azra67 wrote:
Thu Sep 07, 2023 1:02 am
Thanks, so will I still be able to stay in the UK and work while my SET DV is being processed even if he reported the breakdown of the relationship to the Home Office prior to me making the application ( a few days before that)?
So far your application was submitted before the date stated on curtailment letter

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