domestic violence

[rafzaf4eva]

can anyone tell me when someone is in care of the domestic violence people how long do they provide you with the settlement visa? i know its 2 years is it that long or does it take longer? with the violence people involved?..

[John]

Please explain more. You are here in the UK on a spouse visa? You have been subjected to domestic violence, and have proof of that?

If yes to all the above, the visa application you would make would be for ILR ... indefinite leave to remain.

[rafzaf4eva]

Please explain more. You are here in the UK on a spouse visa? You have been subjected to domestic violence, and have proof of that?

If yes to all the above, the visa application you would make would be for ILR ... indefinite leave to remain.

yes to all above

[Obie]

Has you partner, been brought to the attention of the police. Have you sought a Non-Molestation order against him? Is there a pending charges on him, in regards to the Domestic violence allegations, have you been to women's refuge to get out of the horrendous condition, and can they write to that effect. Have you got a medical report, confirming you were a victim of Domestic Violence.

The burden of proof the Secretary require for this application is extremely high. I think quite excessive really.


Also See further requirements and Forms needed to fill.

[John]

rafzaf4eva, sorry to hear that.

Have a good read of this UKBA webpage. Do appreciate that given that you can prove that the domestic violence has happened, you can apply for your ILR straight away. You have not got to wait until near the end of your spouse visa.

In fact, as UKBA say :-

You should submit your application as soon as is practicably possible after the marriage has broken down as a result of domestic violence. You should not wait until your current permission to stay expires. It is in your best interest to apply as early as possible so that we can deal with contemporary evidence.

And do note that to make this application for ILR, you do not need to have passed the Life in the UK Citizenship test. (Although, assuming the ILR is granted, if you later intend to apply for Naturalisation as British, you will need to pass that test before you apply for Naturalisation.)

[Obie]

Unfortunately, you will be unable to avail yourself of the Premium Service.

If you are currently unemployed or destitute, and in possession of a document attesting to this, you will be exempted from the fee, which is pretty high, last time i checked it was around 800-900 odd pounds.

I personally think the fee should be abolished completely, given the circumstance and trauma, the victim of this horrendous act would have endured.

It is unethical and immoral, that they have to pay a fee.

[Wanderer]

Unfortunately, you will be unable to avail yourself of the Premium Service.

If you are currently unemployed or destitute, and in possession of a document attesting to this, you will be exempted from the fee, which is pretty high, last time i checked it was around 800-900 odd pounds.

I personally think the fee should be abolished completely, given the circumstance and trauma, the victim of this horrendous act would have endured.

It is unethical and immoral, that they have to pay a fee.

My gf whom I live with (for six years now) is on a PSW visa - if I beat her up she doesn't get to stay. Unfair? Maybe, maybe not cos she's not here to settle on the face of it but we decided this way so we are sure of each other when we are ready to marry.

Personally I think it's unfair that someone is granted ILR for their poor choice of partner, almost every person I know who's married internationally has married what amounts to practically a stranger, not everyone has of course no offence to anyone who's come through the international relationship minefield. just what I see in my Anglo-Slavic circles...

I know i'm in a minority of one on this, no need to flame me!

[Obie]

I beg to disagree with you on some aspect of your statement.

I don't think Domestic violence is confined to ethnicity or arranged marriage cases. In happens in all ethnicity. I will try and dig up the figure for your information. You will be surprised that some area in Britain with minimal ethnic Minority population, has a high incidence of Domestic Violence. It is more to do with one's upbringing and Socio-economic background than the colour of their skin or immigration status.

Some men and few women, are very unpleasant indeed (nasty piece of work). They start off being all romantic and kind, and when the woman get into a relationship with them, their attitude changes. They suddenly develop this violent tendency, and try to capitalise on the vulnerable predicament of their spouse.

Hopefully you will not be like one of them. If your partner, varies her leave by virtue of you r durable relationship, she will be able to avail herself of the rule, in the unlikely event of you becoming violent towards her. So i don't think there is anything unfair about it.

The rule was rightly made to ensure that people, with a clear route to settlement, do not continue to endure this appauling treatment for fear of being removed.

Not everyone benefits from it. Only people who would have been entitled to ILR had the relationship been flawless.

[Wanderer]

I beg to disagree with you on some aspect of your statement.

I don't think Domestic violence is confined to ethnicity or arranged marriage cases. In happens in all ethnicity. I will try and dig up the figure for your information. You will be surprised that some area in Britain with minimal ethnic Minority population, has a high incidence of Domestic Violence. It is more to do with one's upbringing and Socio-economic background than the colour of their skin or immigration status.

Some men and few women, are very unpleasant indeed (nasty piece of work). They start off being all romantic and kind, and when the woman get into a relationship with them, their attitude changes. They suddenly develop this violent tendency, and try to capitalise on the vulnerable predicament of their spouse.

Hopefully you will not be like one of them. If your partner, varies her leave by virtue of you r durable relationship, she will be able to avail herself of the rule, in the unlikely event of you becoming violent towards her. So i don't think there is anything unfair about it.

The rule was rightly made to ensure that people, with a clear route to settlement, do not continue to endure this appauling treatment for fear of being removed.

Not everyone benefits from it. Only people who would have been entitled to ILR had the relationship been flawless.

I know DV occurs in every circles, but I stand by what I said, I feel the onus is on the couple concerned to make sure they know each other thoroughly before committing, even if costs ££££££ in flights and visas, it's the only way to play the game. IMHO too many jump into marriage, and not just internationally, and it's Mr UK Tax Payer who foots the bill.

And as for ILR being free for DV victims, yes, but let the perpetrator pay, the the Government.

[Obie]

I am sure the Home Office ensure the perpetrators have been brought to book for their actions in the form of a Non-molestation order, A charge for the allege crime or a prison sentence, before awarding ILR to the victim.

It is a debatable topic, do you prefer them to pay the cost or send them to jail, with the possibility of a Criminal Record attached to their names. I would personally be satisfied they have paid their due to society if the later measure was applied.

I think the prison term will act as a better deterrence than the request for them to pay the fees for their victim's ILR.