ILR based on SET(DV) Domestic Violence

[Wiralman]

Greetings All,

I am writing on behalf of a friend of mine whose English WIP. She came to the UK on a one year work visa, then married a European had three kids and her things really went bad with her husband. She is here under EEA treaty rights with her visa to expire next year and left destitute. Presently she is receiving very little help to stay afloat from the government and about to get evicted from her house.

The best route we have found was the application "SET (DV)":

http://www.ukba.homeoffice.gov.uk/settl ... rmset(dv)/

The application requires lots of info some that seems very hard to obtain and bits that seem a little confusing. Such as in the form:

http://www.ukba.homeoffice.gov.uk/sitec ... rm0409.pdf

1.) Payment Details, should they be filled out it the applicant is destitute?
2.) SECTION 4 -
SECTION 4 - EVIDENCE OF DOMESTIC VIOLENCE

In this section we ask for information and documentary evidence to satisfy us that you are a victim of domestic violence. You must answer the relevant questions and provide evidence from independent and objective sources. The documents must relate to violence committed against you by your partner and/or by his or her family. Where available, the evidence must come from the sources detailed below but you may also provide evidence from other sources. We do not accept witness statements by your friends or family, or letters from official sources that only provide unproven reports.

4 . 1 Have any of the legal actions described in a), b) and c) below been taken against the person(s) who committed the violence of which you claim to be a victim?

If yes, please provide relevant documentary evidence and tick one or more boxes immediately below to show which you are providing. You should then go to 4.3. If no to this question, go to 4.2.

a) An injunction, non-molestation order or other protection order (other than an ex-parte or interim order) (see Note 2). Where the order refers to any undertakings made in writing by either you or the person(s) who committed the violence, you must provide these.

Note 2 We cannot accept an ex-parte or interim order.
b) A relevant court conviction.

c) A relevant police caution. This should include the full name, date of birth and nationality of the person(s) who committed the violence, as well as their address(es) at the time of the incident(s), and now, if different; and the
date, time and place of the incident(s) in respect of which the caution was issued or a prosecution is taking place.

4.2 If you are not able to provide any of the evidence listed in 4.1, you should provide at least two of the types of evidence listed at a) to g) below. Tick the relevant boxes to show which you are providing.

a) A medical report from a hospital doctor or GMC registered family practitioner (GP) who has examined you confirming that the injuries are consistent with being a victim of domestic violence. The report must include the doctor's GMC Registration Number and must provide the date of your first registration, the dates of visits in which domestic violence was reported, and an extract from the record of these details.

b) An undertaking given to a court that the person(s) who committed the violence will not approach you.

c) A police report confirming that, because of a domestic violence incident, they attended the address at which the incident(s) took place. A copy of the incident log must be provided. It must show the address(es) at which the
incident(s) took place.

d) A letter from a social services department confirming its involvement in connection with domestic violence committed against you.

e) A letter of support or a report from a domestic violence support organisation/refuge.

f) If you are the subject of a multi-agency risk assessment conference (MARAC), evidence from the chair of the MARAC stating that you have been the victim of domestic violence.

g) Other documentary evidence - if you are unable to provide any evidence as listed in 4.1 and 4.2 a - f above, please explain the reason for this in the space below and list any other evidence you are providing. Continue on
a separate sheet and enclose it with this form if you need more space.



3.) There was an arrest but no charges filed, how can she go about getting the arrest report and will this be good enough or will she need something else from the list? Does this meet the criteria for the above?


Please offer any advice......

[Wanderer]

Pretty sure SET(DV) is for those on UK immigration route, not those using EEA rules. I don't know if there is an EEA route for DV but I'd imagine there would be.

[Wiralman]

I had a look around and asked a few folks if they could think of a better route to go considering that she is presently on an EEA visa. Could not find anything.

Any other ideas that are better?

[Marchooska]

Hi Wiralman,

I am currently in the same position as your friend and was wondering which application was used in the end? Is the SET DV the right form for the spouse of an EEA citizen?

Also, as you mentioned with your friend, my husband was arrested but not charged. Was this enough evidence to use as a police caution?

I am also having trouble obtaining the reports from the police (I have also moved location). Any suggestions on how to get them? I have phoned and left messages and emailed but this has been through a central location not the actual person I need to locate.

Your help would be much appreciated.
Many thanks.

[vinny]

I don't know if there is an EEA route for DV but I'd imagine there would be.

10(5)(d)(iv).

I suspect that you may use the EEA2/EEA4 form, where appropriate. However, include the additional information as required on the SET(DV) form.