False DV claims to secure ILR

[Dv_frustration]

Hello Everyone,

I am a British citizen currently facing false accusations of domestic abuse from my estranged wife. There has been no incidence of physical, verbal, emotional, or sexual abuse on my part. She stayed with me in the UK for a very short period, during which I became aware of her plans to make false allegations to secure Indefinite Leave to Remain (ILR). I doubt there is any genuine evidence against me.

I have two key questions:
1. What are the chances of someone in her position obtaining ILR based on fabricated claims of domestic violence? It seems improbable that the Home Office can be easily deceived in such matters.
2. Is eligibility for a place in a refuge and the three-month Domestic Violence Concession (DDVC) visa based solely on allegations of domestic abuse, without the requirement of concrete proof?

Thank you for your insights.

[Casa]

The Home Office will want to see documented evidence of official reports of DV. e.g from police and/or GP. They don't simply take the word of the applicant.

[Dv_frustration]

The Home Office will want to see documented evidence of official reports of DV. e.g from police and/or GP. They don't simply take the word of the applicant.

I agree. My questions are primarily about the prospects of obtaining ILR based on fraudulent claims. The relevance of a police report should be considered, especially if it pertains to an incident they attended, rather than just allegations made to the police after separation when there’s no ongoing investigation.

Regarding the DDVC (Destitute Domestic Violence Concession) 3-month visa and placement in a refuge, is any evidence required, or is it granted solely based on allegations?

[zimba]

The threshold for granting ILR under the domestic violence route is understandably high to avoid abuse. In rare circumstances, such claims were used to circumvent the immigration system and as a way to stay in the UK when it was not appropriate. UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR. It is not possible to just make stuff up and get ILR

There is an official guide on this. Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf

[Frontier Mole]

One factor that is considered is the length of time the individual has been in the U.K. You said she was only with you a short timr - how long was it?

Claiming DV after a short period in the U.K. is a red flag, so her “evidence “ will be examined closely.

Did you inform the Home Office that the marriage has ended, if not you should do so.

[Dv_frustration]

The threshold for granting ILR under the domestic violence route is understandably high to avoid abuse. In rare circumstances, such claims were used to circumvent the immigration system and as a way to stay in the UK when it was not appropriate. UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR. It is not possible to just make stuff up and get ILR

There is an official guide on this. Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf

It doesn’t take a cunning person much time to create evidence. I have heard stories where a wife inflicted injuries on herself and visited a GP to have it documented, all without her husband’s knowledge. Despite losing a family court case for domestic violence against her husband, she still managed to obtain Indefinite Leave to Remain (ILR).

Obtaining a letter from a refuge, which is considered strong evidence according to Home Office guidance, shouldn’t be difficult for anyone living there. This is why I asked whether it’s possible for anyone to secure a place in a refuge based solely on allegations.

[Dv_frustration]

One factor that is considered is the length of time the individual has been in the U.K. You said she was only with you a short timr - how long was it?

Just 3.5 months

Claiming DV after a short period in the U.K. is a red flag, so her “evidence “ will be examined closely.

Did you inform the Home Office that the marriage has ended, if not you should do so.

Yes, I did. The Home Office doesn’t require the marriage to have legally ended, but when you separate they curtail the leave.

My understanding is that individuals applying for Indefinite Leave to Remain (ILR) under the Domestic Violence (DV) route first apply for the Destitute Domestic Violence Concession (DDVC) to obtain a temporary three-month visa and access to public funds. During this period, they prepare and submit their application for ILR.

[zimba]

The threshold for granting ILR under the domestic violence route is understandably high to avoid abuse. In rare circumstances, such claims were used to circumvent the immigration system and as a way to stay in the UK when it was not appropriate. UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR. It is not possible to just make stuff up and get ILR

There is an official guide on this. Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf

It doesn’t take a cunning person much time to create evidence. I have heard stories where a wife inflicted injuries on herself and visited a GP to have it documented, all without her husband’s knowledge. Despite losing a family court case for domestic violence against her husband, she still managed to obtain Indefinite Leave to Remain (ILR).

Obtaining a letter from a refuge, which is considered strong evidence according to Home Office guidance, shouldn’t be difficult for anyone living there. This is why I asked whether it’s possible for anyone to secure a place in a refuge based solely on allegations.

I never heard of someone securing ILR after a very short period of time being in the UK. Each case is different and has its own merits. I'd say impossible for such a person to secure ILR. Also, in the guide I shared, merely the applicant’s account is NOT viewed as strong enough and most of those as moderate or weak evidence. It is understandable if you are angry at the situation but aren't you better off seeking legal advice on how to deal with the 'False allegations of domestic violence' rather than focusing on this ?

[Dv_frustration]

I never heard of someone securing ILR after a very short period of time being in the UK. Each case is different and has its own merits. I'd say impossible for such a person to secure ILR. Also, in the guide I shared, merely the applicant’s account is NOT viewed as strong enough and most of those as moderate or weak evidence. It is understandable if you are angry at the situation but aren't you better off seeking legal advice on how to deal with the 'False allegations of domestic violence' rather than focusing on this ?

The Home Office does not inform the alleged abuser about the nature of the allegations made against them. I have already sought legal advice and am not concerned about the legal aspects. The Home Office will neither question me nor share the claims made by my estranged wife. My anger stems from being deceived into a marriage solely for gaining entry into the UK, followed by false allegations of domestic abuse while benefitting from taxpayer funds, albeit temporarily. I hope her attempt to deceitfully obtain Indefinite Leave to Remain (ILR) will be thwarted. However, without knowledge of the specific claims she has made against me and the credibility of these claims, predicting the outcome of this case with certainty is impossible.

[CR001]

Presumably you have informed the home officr as required that the relationship is no longer subsisting. There is a form to complete to inform them.

[Dv_frustration]

Presumably you have informed the home officr as required that the relationship is no longer subsisting. There is a form to complete to inform them.

Yes, I’ve informed them and I believe they’ve curtailed the leave based on spouse visa.

[Theboys]

What is the outcome of your case ?
Did she get ilr ?
And what charges police put on you ?

[Dv_frustration]

What is the outcome of your case ?
Did she get ilr ?
And what charges police put on you ?

She is still waiting for the outcome of her ILR DV, but she is very confident that she will receive it.

The police have not even spoken to me in relation to her allegations, and there have been no charges. They only contacted me to arrange for her to collect her belongings, and they were present to prevent a “breach of the peace.”

She managed to get a place at a refuge under false pretences of domestic violence. A letter of support from the refuge is considered compelling evidence, and I am sure she will receive a letter of support from other domestic violence agencies.

[Theboys]

Are you on a bail?

[Casa]

What is the outcome of your case ?
Did she get ilr ?
And what charges police put on you ?

The police have not even spoken to me in relation to her allegations, and there have been no charges.

[Dv_frustration]

Are you on a bail?

No. Police has not even contacted me in relation any allegations made against me.

[Theboys]

Where is she from ?? Which country ?
And what about you ? You are by birth british ?

[winnie321]

These questions are so irrelevant!