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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I need to apply for SET(DV) I called the police when my

Customer Question

I need to apply for SET(DV)

I called the police when my husband got violent.
My husband never admitted his violence, and the police did not charge him or give him a caution or anything.







Do you still think I can apply for SET(DV)?



My husband is a good manipulater, and he will get a good laywer to fight against me.







My evidence will be the recording, the GP diagnosed me that i have a great depression. Is this enough?







My husband has been telling his family or friend that I am really bad.(which is not true). He also told the police that I was violent and he did attack me as self-defense! Although the police did not believe what he said, the police did not charge him or give him a causion. He has been telling his friend and family that I am crazy, violent woman, which is NOT true!







I need to fight and want justice. but my friends also said, I should be careful doing something against him. He might be out of control, and I am scared....






Give me your advice regarding evidence, and the possiblity to get Settlement visa.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If the doctor’s note confirms that your injuries are consistent with domestic violence then this is a start. The lack of a criminal charge or even a caution is not helpful though.

You will see on this link that there is guidance issued by the UKBA on what are some examples of evidence used in such applications. Please refer to “Evidence Needed for the Application” about halfway through the document”:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/dv-victims-settlement.pdf

You will see that if such confirmation is provided by the doctor then this is helpful. However, I would urge you to submit as much evidence as you can including statements from you and others who are aware of the abuse you have suffered.

I would also suggest that if you are in fear of your husband’s behaviour then you should consider applying for a Non-Molestation order from county court. This is a civil order made by a civil court to stop harrassement. If this is granted against him and you relied in it on your husband’s earlier behaviour of domestic violence then I would say that this, evidence that you called the police, a doctor’s report stating that your injuries are consistent with DV and statements from you and others would form a reasonable-to-good basis for a SET(DV) application.
The emphasis though is on the amount of evidence that you are able to get.

The best thing you could do is to instruct a solicitor to help you get a non-molestation order first and then instruct them thereafter to prepare the application for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.


I only went to the doctor twice....and I am worried about doing non-molestation order.....my husband might do the same (since he never admits, and acts like he is a victim)


 


I have checked UK Border site....it says letters from my friends are not valid. I have called DV helpline many times, but i dont have any reference number....


 


I kept the diary everyday, can this be an evidence?


 


My husband is wise not to leave any actual evidence on my body, so he punch my stomach or spat on my face, etc. That's why I didnt go to the doctor....


 


Do u think I should do non-molestation order? and try applying for SET(DV)? I might need to go back to my country soon as I am destitute.

Expert:  Thomas replied 1 year ago.
Hi,

Your personal diary is nowhere near as persuasive unless you have corroborating evidence backing up what you say in the diary.

Letters from your friends do not carry much weight, it's true, but if you can get statements from any persons of authority who are not neccesarily just your friends (eg. religious ministers) and get them to execute statutory declarations sworn in front of a solicitor then they will attach a bit more weight to them.

The key is the independent evidence, which is police action, doctor's reports and/or non-molestation order granted by the Court. If you cannot go to the police again then I would say that applying for a non-molestation order is your only option. Your application would probably be refused on the evidence you have now so I can't see that you have any other option.

PLease rate my answer, it will remain open and you can post your follow up questions to it and I will answer. You have not clicked accept to earlier answers, so if you post another question without rating this answer then other experts are highly likely not to answer. I must admit that I did not see that you had not rated other answers and I would have been reluctant to answer this one had I known.

Kind regards,


Tom
Expert:  Thomas replied 1 year ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 1 year ago.

yes, if I got SET(DV), does that mean, my (ex)husband cannot come to my home country or is there any history if he ever tries to marry to non-UK citizen.


 


I am worried that he will come to my country and hurt my family or destroy our property,etc.


 


Is there any caution he can get, so he wont come to my home country?

Expert:  Thomas replied 1 year ago.
I won't answer anymore of your questions until you rate my answer. It's unlikely that any expert will until you start rating our answers.

Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Now, u answer me?

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.


I haven't got your answer yet.

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

If you get ILR after separating the two applications then this does not mean that he is prevented from getting ILR in the UK.


what does, ILR mean? and what is two applications?

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.


so does this mean, he will not have any DV records....if he try to enter foreign countries, or marry w someone else? no causion or anything?


 


I was wondering he might have done DV in his past relationship....


 


i will rate ur answer after this. Thank you.

Expert:  Thomas replied 1 year ago.
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