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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi. I'm currently on a 2 year probation spouse visa which follows

Customer Question

Hi. I'm currently on a 2 year probation spouse visa which follows fiancée visa (6 months) after you get married. The marriage is a total wreck and it doesn't work out any more due to continuous harsh emotional and verbal abuse, threats and overall disappointment. My spouse yells and demands that I leave the flat immediately. So we decided to divorce. I have a really good job and I've worked there for three months already. The people I work with are superb. As compared to the salary I had in my home country the amount of money I earn now is great. I realise that after divorce when my visa runs out I would have to go back, but I don't want to for quite obvious reasons - I feel safe and comfortable in the UK with a steady income. But I cannot live with my spouse any more, it is unbearable.
Is there an option to switch my visa (spouse) to a work one (e.g. tier 2) and stay in the UK? Do I have to go back to my home country to apply for a work visa or can I do it within the UK? I've done some research but I'm still not sure if it's possible.
What other options do I have to stay in my job? and in this country?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
It seems that you are the victim of domestic violence and may be eligible to qualify for indefinite leave to remain in the UK as a result of such violence or threats against you by your spouse.
You should report the violence to the police and or your GP and or any support organisations so that you are able to have evidence of the violence from your spouse.
You may also contact this organisation
http://www.nationaldomesticviolencehelpline.org.uk
Once you have some evidence of the violence against you, you may immediately apply for settlement using form SET (DV), see here
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-of-a-british-citizen/no/on-a-work-visa/tier-5
In the meantime, you may continue working and once you receive indefinite leave to remain, you will be free to work and live in the UK without any restriction.
May I help further?
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Customer: replied 3 years ago.
Thank you very much for your answer. I'm just not sure if the things I am going through are enough to be regarded as domestic violence. I don't have any voice recordings of threats or anything, if only I happen to hear them again. I can only go to a GP and tell how distressed and sad I feel, plus as I just moved here I had an outbreak of dermatitis which was also partially caused by our quarrels. A few times at work I was told I looked sad and really pale, I was offered a sick leave, but I didn't take one.
But all this doesn't look enough to me, or is it enough? The thing is how can I prove I had verbal abuse? How can I provide evidence? Also I wasn't just a silent victim, I pushed my spouse in the face (once), I scratched his arm (once) when I couldn't bear his humiliation any more, and he always complained to his relatives, so everyone knows about it. But he pushed me too, so it wasn't only me.
I would be just happy to have a work visa and do what I enjoy. Am I not eligible for this type of visa?
What would be the best option: apply for a work visa from inside/outside UK? Or claim domestic violence? What evidence can I provide? I'm just all in to fight. What are the chances my application will be successful?
Thank you.
Customer: replied 3 years ago.
Relist: Incomplete answer.
I would also like to know if I can apply for a work visa and get advice on what are the chances that my application would be successful if I claim domestic violence.
Expert:  UKSolicitorJA replied 3 years ago.
If you do not feel you have been a victim of domestic violence, then you should not make an application on that basis.
Each person has their own experience of violence and there is no set criteria what standard should be met for abuse to constitute domestic violence.
It does not state that here that you can switch to a tier 2 general work visa from a spouse visa and you may have to make an application from your home country for this visa if your employer sponsors you for a tier 2 general visa.
https://www.gov.uk/tier-2-general/overview
There are monthly quotas for such visas and you would need to check if you are eligible for your employer.
All the best
Customer: replied 3 years ago.

Thank you.