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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10104
Experience:  30 years as a practising solicitor.
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I have cancelled my partners spouse visa which would have became

Customer Question

i have cancelled my partners spouse visa which would have became indefinite in June 2016. He was violent and eventually got arrested for headbutting me and breaking my nose. I await for a date to be set for this solemn procedure. Also I am reporting him for rape and sexual assaults he inflicted on me during our marriage. we have a child under one year of age. he is not allowed to approach us both through an interdict and bail order. It is now clear to me that I was only being used by him. What are the chances of him actually getting deported back?? please advice me as i am going through the most difficult time of my life.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I'm still waiting for a response. Please reply so I know someone is actually reading my question thanks
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a lawyer in Scotland. Has he been arrested? What is the current position as you don't say.
Customer: replied 1 year ago.
Yes. He was detained and then arrested and presented in court the following day for physically assaulting me. No he hasn't been arrested for the sexual abuse yet as I am waiting for somebody to come take a statement from me just now. I just want advice about what are the possibilities of someone like him getting to stay in the UK? I am told that rape cases can be difficult to prove so would like to know if it is likely for such a person to be deported with just the physical abuse or if he is convicted of sexual abuse then what happens in that case?? Current position is that we are waiting to get a date set for the solemn procedure. Can be anytime between now and January 2016 as that will be a full year of separation for us. Next month we have another child contact court date. Please get back to me soon. Thank you.
Expert:  JGM replied 1 year ago.
If he has no spouse visa he has no locus to remain in the country. What will happen is that he will stand trial and whether or not he is convicted, he will have no leave to remain here and will have to be returned to his country of origin.
Customer: replied 1 year ago.
Regardless of him being convicted he still has to leave from here? I thought it would depend on his conviction. I'm sure he will be convicted though because the police became my witness that day he hit me. Also he is trying to get contact with our child because I think he will want to apply for a stay here through her? Can he go back on a student visa like he was before I sponsored him? Please help
Expert:  JGM replied 1 year ago.
He can only reapply for a student visa if he satisfies the criteria for a student visa.
I think from what you say he will not be able to stay whether or not he is convicted as his spouse visa will no longer be of any use to him hence he won't be able to apply for indefinite leave to remain.
You should resist a contact order on the ground of his behaviour.