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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a british citizen. I married an indian citizen over a

Resolved Question:

I am a british citizen. I married an indian citizen over a year ago and she is here on spouse visa. Unfortunately our relationship has broken down because of her carrying out physical/emotional abuse towards me. At the time I did not report to the police as I felt ashamed to do so. I am seeing a counsellor to deal with the effects of abuse now. Having had enough, I decided to end our relationship. She now lives with her sister. I informed her that I will notify the UKBA to curtail her spouse visa. Upon learning this, she decided to play the victim of domestic violence and try to stay back in UK. She has now complained to the police lying that she was the victim of the domestic violence. Police have asked me interview under caution.
I spoke to men's advice line and they suggested that I lodge a formal complaint against my wife with all the details.
My questions are -
1. Is it better to make a complaint now with everything I suffered in her hands?
2. As the abuse was over a couple of months ago. Will it make any difference? Particularly as she has made the complaint first.
3. Do I inform the home office that I have lodged a complaint against my wife as the victim of the domestic violence hence requesting them to curtail her visa urgently?
4. When I attend the interview under caution at the police station is it necessary/better to take a solicitor?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you
1 & 2 It is not too late to make a Complaint despite the time delay.
3. You can do so - but it will not lead to the Visa being curtailed until there is further evidence
4. Yes it would be much better to take a solicitor with you
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, very helpful and to the point.

I have written down all the details of the abuse to submit when I go and complain. At the time I was madly in love with my wife and hence did not report to the police so I do not have any ''evidence''. false allegations she is making she also doesn't have any evidence to back it up. So what happens if not much of evidence on both sides, will it still go to the court?

Is it better if I make the complaint to the same police station which has asked me to attend the interview?

Will attending an interview under caution affect my career in terms of having to declare etc.

Expert:  Clare replied 2 years ago.

The question of whether or not it goes to court is a matter Police and the Crown Prosecution Service - there is no way of anticipating the outcome I am afraid.
You should make the complaint to your local police station
Being interviewed should not cause problems in the future
Clare
Customer: replied 2 years ago.

Thanks. Just one final thing.

I appreciate its not possible to anticipate the outcome, but from your expert experience/view, if neither parties show any objective evidence respective complaints on each other, isn't that the case most likely wont go much further??

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.

I am afraid that there is simply not enough information to be certain - you will be better able to assess that after the interview
Clare
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