Domestic violence - questions and impact on citizenship

[anush23]

Hi all,

edit

[Amber]

Perhaps try and make the relationship work and subsist until such times as you are happy to live together or you separate?

Regarding domestic violence it is difficult as domestic abuse comes in many forms not only physical violence. If your wife alleges assault but there is no proof the case should be dropped. Have you got children?

[anush23]

Thanks.

No we dont have any children.

Can someone please answer the queries below ?

Why has this moved to another forum when this was related to SET DV application and impact on spouses British citizenship application.

Thanks in advance.

[geriatrix]

Are you applying for SET (DV)? No.
Are you posting on behalf of your wife to enquire how she should apply for SET (DV) or if she qualifies? No.

You are worried what will happen to you if your wife accuses you of DV and how can you avoid being accused of DV (if the situation comes to that)!!

The topic "is" in the "appropriate" forum. You should worry about getting accurate feedback to your queries ... rather than where the topic must rest (leave that to the people responsible for it).

[geriatrix]

The only way to pre-empt being accused of DV is either to follow the suggestion above (repair your relationship) or move out before you are accused of any physical harm and things get out of hand. If you cannot / do not wish to move out then proving any (potential) accusations false is the (only) way to go. Alternatively, seek legal assistance from a family law solicitor.

It is not for the forum members to judge who is at a fault in your relationship. So, while you mention your wife's "frivolous" attempts to accuse you, no one here is any wiser to determine if there's another side to the story.


With regards to your query regarding naturalisation application, see Annex D: The good character requirement.

[anush23]

Thanks sushmehta.

[Amber]

You cannot be given a caution unless you consent to one. If there is no case then it should be dropped. You have been told to seek legal advice and so you should, see also, Good Character FAQ (click)

[anush23]

Thanks.

It was very helpful.

I am seeking legal advice in few days.

[Amber]

A non-molestation order is not a conviction, but breach of it could lead to a criminal conviction, on the Good Character FAQ look at ASBO, it's a similar order (in terms of being civil).

[anush23]

Thanks.

[Amber]

It shouldn't, but if such an order is granted it brings into doubt your whole thread.

[anush23]

Thanks.

I can understand the doubt but I was just preparing myself for all options if any arises.

[anush23]

Hi,

I spoke to few solicitors and I have been advised that a safe option would be to support the ILR for my spouse and delay any divorce after that.

I spoke to family law and not immiration solicitors so they may not be completely aware about it.

[Amber]

As long as you are keeping the relationship as subsisting then you should be ok. Try and work things out as opposed to divorce as if you intend to divorce then the relationship can't be subsisting, can it?

[Casa]

If you have a second spouse 'waiting in the wings' the validity of her application would also come under scrutiny...along with your SET(M) application where you will have confirmed the relationship is subsisting.

[anush23]

Thanks.

[anush23]

Anyone please ?

[Amber]

You need to make your own choices you've exhausted the responses on this forum.

[geriatrix]

You know for yourself that the relationship is not subsisting. Given what you have posted here, everyone else knows that the relationship is not subsisting.

It is up to you to decide whether to sponsor your spouse's settlement application fully knowing that the immediate and (perhaps) inevitable course of action is applying for divorce.

No one here can tell you to lie and sponsor your wife's settlement application. It is for you to decide, with or without your solicitor's advice.

[anush23]

Thanks.

I appreciate your patience and assistance.