In the event of domestic violence, spouses, civil partners, unmarried and same-sex partners of a British Citizen or person established in the UK may apply for Indefinite Leave to Remain in the United Kingdom.
SETTLEMENT REQUIREMENTS IN THE CASE OF DOMESTIC VIOLENCE
Domestic violence is defined by the Home Office as any incident or pattern of incidents of controlling, coercive, or threatening behaviour, violence, or abuse between individuals who are, or have been, intimate partners or family members, regardless of gender or sexuality. Abuse that is psychological, physical, sexual, financial, or emotional is included in the definition.
VICTIMS OF DOMESTIC VIOLENCE MAY BE ELIGIBLE FOR INDEFINITE LEAVE IF THEY MEET THE FOLLOWING CRITERIA.
- Must reside in the United Kingdom
- Use the SET(DV) form to submit a valid application.
- Ensure that you meet the ILR suitability criteria before you are rejected.
- In order to be eligible, you must meet the other substantive requirements.
Concession for Destitution Domestic Violence (DDV) is also available to those who are seeking indefinite leave to remain under the Domestic Violence Immigration Rules for a period of three months. Only those who are unable to financially support themselves after leaving a domestic violence-related relationship are eligible for this programme.
Under the Domestic Violence Immigration Rule, the applicant must intend to apply for Indefinite Leave to Remain. An overstayer will be created if the applicant has been granted leave under the destitute domestic violence (DDV) concession and their subsequent ILR application is rejected. It is not necessary for partners whose immigration status is based on their abusive partners’ in order to continue to have a legal status in the United Kingdom. Professional advice should be sought before submitting an application of this type because it could result in the loss of one’s right to remain in the United Kingdom. Please keep in mind that domestic violence victims can seek help from social services, support groups, and charities. In domestic violence cases, the rules are not meant to help those who were accused of being the abuser, but only those who were the victims.
HOW CAN WE ASSIST?
Our firm’s legal experts can assist you in determining the legal requirements for filing an application, evaluating the merits of your application and making recommendations on how to improve it, submitting an application on your behalf, and assisting and representing you in an appeal if your application is denied or rejected. We take pride in being approachable, innovative, and always willing to go the extra mile to ensure that our clients receive the individualised attention that they deserve. It is our goal to provide our clients with clear, transparent, and dependable advice at every stage of the process.
QUESTION AND ANSWER
Q: IS IT POSSIBLE TO APPLY FOR ILR IF SOMEONE OTHER THAN A PARTNER IS RESPONSIBLE FOR THE ABUSE?
A: An applicant may still be eligible for a settlement if they can show that their relationship has broken down due to domestic violence perpetrated by someone other than their partner. For example, if the abuser is a member of the partner’s family and the partner offers no protection, evidence must show that the relationship between the applicant and their partner was broken because of the violence.
Q: THE DV ILR ROUTE IS AVAILABLE TO THOSE WHO ARE SPONSORED BY SOMEONE WITH ONLY A FEW DAYS OF VACATION PER YEAR.
A: The domestic violence rules do not apply to spouses or partners whose sponsor has only limited leave, is a proposed or engaged partner, or an asylum seeker. They are not eligible, but EEA nationals exercising their treaty rights and their family members can apply under the rules of the Eurasian Economic Area (EEA).
Q: CAN I GET AN EXEMPTION FOR KNOWLEDGE OF LANGUAGE AND LIFE IN THE UNITED KINGDOM?
A: Under the rules for victims of domestic violence, the applicant does not have to show knowledge of the language and daily life in the UK.
Q: WHAT KIND OF PROOF CAN I OFFER TO BACK UP MY CLAIM?
A: The evidence is based solely on the facts of each case. The applicants can, however, provide evidence of a criminal conviction in connection with a domestic violence incident, police caution, evidence of any civil court order like non-molestation, charging decision by CPS, forced marriage protection order, letter from social services, letter from independent witnesses, medical reports, evidence of abuse like emails, texts, etc..
Q: DO YOU HAVE ANY OPTIONS IF YOUR ILR APPLICATION HAS BEEN REJECTED?
A: As a general rule, if an application fails, the applicant has a legal right to challenge the decision through Administrative Review if there are any errors in the case working. Legal action may be taken against the decision to reject an administrative review application if it was not made in the proper manner.