Safeguard UK Citizens from false allegations of Domestic Violence from foreign nationals.
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STRENGTHEN UK LAWS TO STOP FOREIGN CITIZENS WHO ARRIVE HERE ON SPOUSAL VISA FROM FALSE CLAIMS OF DOMESTIC VIOLENCE IN THE HOPES OF ATTAINING PERMANENT STAY IN THE UK.
There has been a growing rise in claims of domestic violence when marriages break down between a UK citizen and foreign national who arrive here on spousal visas.
While not all these allegations are false the laws we have surrounding Domestic violence in these types of cases is very weak and fragile. Its insulting that anybody coming from abroad with only the objective of securing permanent stay within the UK by claiming false allegations of violence against UK nationals. Currently, these matters are not even investigated clearly by the Home Office or the police. Foreign nationals only need to utter domestic violence after a marriage breaks down for them to be given access to legal aid, refuge centers and even unproven allegations in court still hang over UK nationals without any evidence just based on probability.
The number of men and women applying to stay in the UK via the domestic violence route has soared from 59 in 2002 to 1,224 in 2014-15. Some 75 per cent of applications were successful.
In his investigation into the teams handing out indefinite leave to remain, the Chief Immigration Inspector said: ‘There is potential for abuse because settlement can be obtained quickly.’
Caseworkers gave excessive weight to ‘unverified evidence’, including letters from domestic violence charities which relayed the applicant’s own account of abuse rather than any independent assessment.
In 16 of the sample of 25 cases that were approved, officials did not check with the police whether an alleged incident had been reported or a criminal investigation had been carried out.
If a UK national decides to fight against this, they need to spend money on solicitors and court fees which is unfair while foreign nationals are given access to legal aid.
We call for laws that state that a full criminal investigation needs to take place before determining if a foreign national has been a victim of domestic violence and them being granted leave to remain in the UK. If changes are made, all current cases must be reviewed.
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