If you are in the UK on a spouse visa, civil partnership visa or unmarried partner visa and you are a victim of domestic violence, you can apply for Indefinite Leave to Remain as a victim of domestic violence. You could use ILR to settle permanently in the UK as a victim of domestic violence only if your relationship with your partner broke down due to domestic violence.
What is domestic violence?
Any incident or pattern of incidents in which one is suffering controlling, coercive, threatening, degrading, and violent behaviour by a partner, including sexual violence, is considered domestic violence. Domestic violence can be but not limited to the following types:
- Psychological
- Physical violence
- Emotional and mental abuse
- Sexual violence
- Financial
- Coercive control
- Online or digital abuse
- Harassment and stalking
Both men and women can suffer domestic violence.
Requirements for ILR as a victim of domestic violence
It would help if you met the following conditions to be eligible for the destitute domestic violence concession is also known as DDV:
1. You must be a victim of domestic violence.
2. Your first grant of limited leave must have been as a spouse, civil partner or unmarried partner of a British citizen or a settled person in the UK under
Appendix FM of the Immigration Rules, this does not include your leave as a
fiancé or as a partner of a refugee granted leave under paragraph 352 A of
the immigration rules.
3. Your marriage, civil or unmarried partnership must have broken down
permanently because of domestic abuse.
To obtain ILR as a victim of domestic violence, you must:
- be in the UK;
- have made a valid application;
- meet the suitability requirements for ILR;
- meet the eligibility requirements for ILR
Proving domestic abuse
There is no specific evidence or documents that must be produced to prove that your relationship broke down because of domestic violence. Each application is considered on an individual basis. However, your application for ILR based on domestic violence can be supported by the following documents - for example:
- A criminal conviction against your partner for committing domestic violence against you and your children;
- An arrest order;
- A police caution or police report;
- Medical report showing that your injuries were consistent with domestic violence;
- Police attended a domestic violence incident at your home;
- A non-molestation order or occupation order from the civil court;
- Referral confirmed by any person who is a member of a Multi-agency risk
assessment conference (MARAC);
- Domestic Violence Protection order;
- Letters from Domestic Violence charities;
- Etcetera
Fee and waiver of fee
The fee for applying for ILR as a victim of domestic violence is not different from other
ILR applications. The cost is £2,389. However, the payment will be waived if you can prove that:
- You have neither adequate accommodation nor any means of having one; or
- You are destitute; or
- You have adequate accommodation, but you are unable to pay for other
essential needs for living.
There may be a need to provide evidence of your income and expenses if requested by the Home Office.
If you are looking for representation of your application under this route you can call our team of lawyers at Visa and Migration Ltd on 02034111261 or email us on info@visaandmigration.com
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