If you have been a victim of domestic abuse from your partner who is a British citizen or is a settled person in the UK, you can apply for ILR (indefinite leave to remain). You may be granted ILR because your relationship with your partner ended due to domestic violence. If granted ILR you can live in the UK as long as you wish without any time restriction. ILR or settled status also allows you to work and study in the UK and can also lead to British citizenship.
When a person tries to gain power and control over another person in an intimate relationship through coercion and it is found to be a pattern or behavior over a period of time it can be termed as domestic violence or abuse. Domestic violence can take place between partners, spouses, or family members of spouse or partner.
Domestic violence can be of different forms including but not limited to physical, sexual or financial, emotional, and psychological.
In physical violence, physical force can be used to harm the other person by hitting, slapping, or kicking.
Sexual abuse includes forcing the other partner into sexual activity without their consent or forcing them to engage in sexual acts against their will.
Emotional and psychological abuse can also be in different forms such as intimidation, humiliation, isolation, threats, manipulation, and controlling behavior. It is done intentionally to degrade the victim's self-esteem, independence, and security.
Your eligibility to acquire ILR or settled status in the UK depends on your current immigration status and whether or not your relationship with your partner broke down due to domestic violence.
You must be in the UK on a spouse, unmarried partner, registered civil partner, or same-sex partner visa and your partner must be one of the following:
A British citizen
A person with settled status such as indefinite leave to remain or enter the UK
A member of the UK armed forces who has served for at least 4 years
A person with permission to stay in the UK as a refugee
A person with settled status under the EU settlement scheme
A citizen of the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre- settled status under the EU Settlement scheme
If your partner has pre-settled status, they must have been living in the UK by 31 December 2020.
If you have pre-settled status as one of the following you may be able to apply for Indefinite leave to remain based on domestic violence in your relationship with your partner.
As a spouse, civil partner same-sex partner, or unmarried partner
Based on a retained right of residence because you used to have a spouse, civil partner, or unmarried partner who was living in the UK by 31 December 2020
You must have been subjected to domestic violence or abuse (nature of violence and abuse mentioned above) by your partner and/or your partner’s family during the time you were with them in the UK. You need to prove the allegation of domestic violence by your partner and/or their family members.
If you are applying from outside the UK, you must apply online. Those applying from outside the UK need to show that they have been abandoned in that country. You will be asked to state your circumstances when you apply. Other than necessary documents you can also submit additional supporting evidence if you have it to make your case stronger.
You can apply for dependent children separately if you want to bring them with you. If you are applying from within the UK, you must apply online. You can include eligible children on your application form as you don’t need to apply separately for them.
The application form to complete is SET (DV) and if you need financial support you can apply using DDV form domestic violence concession, this will allow you to receive support from the Government including housing.
If you need support with your application for Domestic Abuse, please contact Visa and Migration Ltd on 02034111261.
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