Injunctions and citizenship

[sri23]

./ edited

[VR]

Edited and removed in the interest of the beneficiary!

Good luck
vr

[neoseal]

She can complaint of previous abuse anytime, proving it is a different matter, but once she accuses you it is even more difficult for you to defend your self, this country has soft corner for women, especially if they are not originally from UK because it is a big misconception that all marriages in asian countries are "forced".

As VR said, stay away from her. If you are living in close proximity like in same street or locality, move away or even consider moving to another city.

Is there any friends or family who can mediate, if she understands, it will be in her advantage. As once you file citizenship and get it, she can get citizenship as well based on 3 year rule. Is she living with you for 3 years, which I assume she is.

[Amber]

The justice system does not at all have a 'soft corner' for women if you care to look at the number of rape convictions per year and the level of domestic abuse much of which still goes unreported. Women and children are arguably more vulnerable so need greater protection, it's not to purposefully attack men it's to offer some protection which has been absent for many years. Although I agree injunctions are rather misconceived.

[VR]

Edited and removed in the interest of the beneficiary!
cheers
vr

[neoseal]

Amber, I agree in what you say, the law is there to protect the most vulnerable women and children and crime that goes unreported. However when someone is alleged of any DV especially men, it is always difficult for men to prove otherwise and in most of the cases ruling is in favour of women. On the other hand is a man files a complaint again a woman, it will not be looked at in the same way.
You know that a group of man "fathers4justice" is fighting for equal parenting rights, why?

Well this topic can be well debated, but coming back to Sri23 as VR says authorities will not understand the underlying reasons, feelings, background. He will keep on sinking in this "quicksand" the more he tries to prove himself innocent. We don't know facts of sri23 case and are not to judge anything, but at least for him not to get into trouble, just move away and don't respond to any of her provoking tactics that may lend him in trouble.

[sri23]

VR, Neoseal

Thanks a ton for your replies so far..

./ edited

[VR]

sri23,

edited and removed in the interest of the benificiary.
cheers
vr

[neoseal]

Sri23
You still communicate over phone and email, why? What reason? You have made your intention of applying for divorce, you haven't yet applied. There will be huge financial implication. Is she working? If not you may have to pay part of her living expenses. You don't need to file divorce, you can mutually agree on separation, overall cheaper.

Is she asking you to file her ILR and then file divorce or separation. That is in your advantage. Don't know if it will be considered deception as many couples do come back together after brief separation and officially you haven't filed anything. You may think that she is getting undue advantage of getting ILR and then citizenship, however you must think that if she files DV your citizenship will be in trouble and even with that she may get ILR, and you will be the looser.

"Harassment, Abuse, stalking" etc are very vague, and can take many forms and making a complaint against it is not difficult. Even for smallest DV someone can be officially cautioned.

Reporting to HO may not work as they already have lot to do and you cannot be sure that they will take action and decide your citizenship application in your favor.

Whatever you do, think of implications, as VR says UKBA has Godly powers now.

[sri23]

./ edited

[VR]

sri23,

removing in the interest of the beneficiary(Edited).
cheers
vr

[sri23]

./ edited

[VR]

Sri23,

Stay cool and please feel free to PM me. If there is anything I can do to help it will be done without fear or expectations.
Wish you well. I empathize with your situation. But I too believe strongly that if you cannot help do not hurt. if you can postopone your separation amicably and she gets what she wants and you get what you want, that is the best approach. Atleast it minimizes the pain of all the crap that both of you have had to go through.

In times of difficulty you will find yourself with conflicting choices to make. In the end if all come out of it without further damage it will be worth it.
cheers
vr

[neoseal]

I am sure you would have done your research and know what you are doing to the best of your knowledge. However, why didn't you consider informal separation? Unfortunately from 9 of my immediate work collegues (men and women) only 3 of us are long term married, 1 of the woman has divorce case going on for 3 years now, 2 of the men had recently opted of separation thru mutual agreement and were done and dusted in few weeks, simple and less stress comparatively.

Informing police is ok, but when she files a DV complaint, what ever you informed does not prove anything, its just your word against her. At that point she may make a u-turn denying any such discussion. This will be helpful if you only have proof. Police will not deal with any DV complaint as false until proved and it will be upto you to prove.

VR has made some very valid points. Think carefully before you do anything.

[VR]

Sri23,

In such litigation only the lawyers benefit. If you have already hired one then there is little you can do. They will charge your for every 6minute lots when you go to meet them, every phone call, every outgoing and incoming mail will be billed. I hope you have negotiated a fixed fee. Every court appearance will have another whopping charge.

If you are yet to commence proceedings using them, try to pay them off for their services and see if you can amicably part ways by mutual consent. Get friends involved. I see them as the Vultures without wings. As the last bit of life ebbs out the birds circle and enjoy the feast. These Birds without wings in the human world will without any consideration for emotions, human pain, will squeeze your wallet out. Thats the only difference. (Really they do not do anything involving brain that warrants or justifies such huge pickings - just the labrynth of paperwork and processes in the warped communist Britain is catered to)

Take care
cheers
vr

[Amber]

I am currently on ILR and will be applying for BC soon.

My ex wife had made a police complaint against me for domestic abuse.
There was no conviction and no caution but the case exists in police record.

Just wanted to know if this will have any impact on my application ? Do I need to do any checks to verify, if yes what ?

Even if it doesnt impact my BC application would this come up in any checks related to employment etc ?

Thanks for all the help.

[Amber]

It shouldn't be an issue for naturalisation. However, the chief police officer has the discretion to declare the report to potential employers on an enhanced DBS certificate if you apply for certain jobs involving vulnerable individuals. Hopefully the law will change and this draconian rule will be repealed in the future.

[sri23]

Thanks.

Any way I can check what is held against my record ? I cannot request an enhanced DBS check for myself.

Do I need to declare on my BC application ?

[Amber]

You would need to contact your local police force and ask for a SAR for information on the PNC and local computer system, the cost should be ~£10. It should not need to be declared.

[navalaviator]

You would need to contact your local police force and ask for a SAR for information on the PNC and local computer system, the cost should be ~£10. It should not need to be declared.

What's the difference between PNC and Local computer system?

[navalaviator]

I am currently on ILR and will be applying for BC soon.

My ex wife had made a police complaint against me for domestic abuse.
There was no conviction and no caution but the case exists in police record.

Just wanted to know if this will have any impact on my application ? Do I need to do any checks to verify, if yes what ?

Even if it doesnt impact my BC application would this come up in any checks related to employment etc ?

Thanks for all the help.

How exactly do you know that it exists in police record? did you apply for SAR from local police station and it showed the complaint record?