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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, for the past 4 months I have had residence orders granted

Resolved Question:

Hi, for the past 4 months I have had residence orders granted over 4 hearings at the family court for care of my 1 year old son. My wife was arrested twice at our home for violent incidents, the first where she threatened our son with a knife. At the first hearing she denied this but I had taped evidence which was played at the hearing so she was forced to admit it. Since the first hearing and since she has continued to make false allegations against me, ranging from emotional abuse and most recently to social workers that recently compiled a section 7 report she has bought from nowhere allegations I physically abused her as well.
My question is around her visa as it seems she has manipulated these accusations to change her spouse visa due to expire in Feb15 to get ILR status. She has gone to a domestic violence charity to make these allegations who appear to have provided a letter to the visa authority as well as a police report which I guess she maintains is evidence of DV as well as a police letter the contents of which I don't know. Bearing in mind that the first times she was arrested she denied the allegations of violence to the police and so was released without charge. Since then the court has proved she did commit the acts I alleged but the police bwould not know of this update.
What I want to know is what to do about this as she has somehow used police reports on which she was arrested to provide the home office as well as claims of domestic abuse that are totally false.
I have been reading up on this and apparently the ILR rule is open for exploitation and carries stiff penalties for those that misuse it.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
There are immigration rules in place which allow foreign national who are the subject to domestic violence to apply for ILR. This is to protect victims from abuse by their spouses.
This is what it sounds like your wife is doing.
If it is the case that your marriage has broken down then she will have to switch to another visa, otherwise the home office will curtail (ie. terminate) her visa. She has decided to attempt to apply under the domestic violence route.
The most important thing to say is that if she has a child here in the UK and she has contact with them (usually ordered by the court) then it’s going to be very, very difficult for the home office to deport her from the UK.
This will be case even if you are able to show that she has attempted to deceive the home office, because her right to a family and private life under article 8 gives her considerable rights if your child is still based in the UK with you.
Therefore, you will have to consider whether it is your best interests to prove to the home office that she is attempting to deceive them. Even if you prove it it does not mean that they will be able to deport her easily because of your child and it may inflame the situation with her even further. Ultimately, because of the child you will probably have to have some form of relationship with her for a long time and you have to consider what is genuinely in the best interest of the child.
However, if you consider that you cannot let the deception pass then you will have to gather what evidence you can proving that her allegations are false and then write to the home office in a detailed letter outlining this to them.
They will likely curtail her spouse visa (I assume that this is what she is on) and force her to make an application based on her contact with the child.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom

My solicitor wrote into the last order that she was to present us with the application for ILR and the deadline for this was almost 2 weeks ago but her solicitor has still not complied with the order.

My concern is that if she is presenting false evidence to the home office it is at my expense as a father. If it is unchallenged, what is on my file? That I am an abusive person? How will that reflect on my application for residency? If I win residency is it on my record I should be watched because I am supposedly a purveyor of violence?

I am also wondering how it will look to the family court if I challenge it. My intention is not to get her deported but to have them investigate and at least change it from the allegation. My thought is that if I just call the home office to check what has been said and point out the facts and they can take it from there.. Do you think that will be understood by the family court?

Expert:  Thomas replied 2 years ago.
Hi,
You will have to speak to your solicitor about compelling the other side to release the ILR application to you.
You will not know what allegations she is making until you see the applcation. They are the allegations of one person and just because they are included in an immigration application does not mean that the family court will have taken you to have accepted them. Ultimately, if you have a solicitor you should be asking them these questions because they will know your position best.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom,

My final question is that if I do speak to the home office with a view to giving my side of the story and they investigate her do you think the family court will look badly on this or understand it is a normal thing for me to do under the circumstances?

Expert:  Thomas replied 2 years ago.
Hi,
Your solicitor acting for you in the family proceedings will be able to answer that.
I should think it unlikely that asserting what you consider to be the truth will be looked upon particularly unfavorably though.
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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