UK Immigration: Indefinite Leave to Remain for Victims of Domestic Violence
Aschfords Law has an experienced Immigration team, well versed in assisting people from all walks of life secure leave to remain in the UK- including victims of domestic violence. This article will shed light on the immigration routes available for victims of domestic violence who are in the UK and wish to obtain leave to remain in their own right and not be dependent on their abusive partner.
What is domestic violence?
Domestic violence is not just physical violence it also includes coercive, controlling and threatening behaviour. Domestic abuse includes psychological, sexual, financial and emotional abuse.
Domestic violence is not just violence between men and women, but abuse between two people (regardless of their gender) who are partners or family members.
Partner of a British citizen
Persons with a UK spouse visa or leave to remain as the partner of a British national or partners of someone settled in the UK can apply for Indefinite Leave to Remain (ILR) in the UK if their relationship has permanently broken down due to domestic violence. To apply for ILR under this route you do not need to be married to the abusive partner, applications from unmarried partners are allowed, as long as you have leave to remain in the UK on that basis. You can apply for ILR as a victim of domestic violence even if your visa has expired, however, you should seek to regularise your stay as soon as possible.
In order to secure Indefinite Leave to Remain as a Victim of Domestic Violence the applicant will need to show -among other requirements- that they are in the UK and their relationship with their partner has permanently broken down due to domestic violence. The domestic violence does not need to have been perpetrated by the applicant’s partner, it could have been perpetrated by another family member e.g. parents in law.
Support workers and legal representatives are best placed to help with obtaining evidence of domestic violence. Proof of domestic violence could include (but is not limited to) medical reports, police reports, injunctions ordered by the court and letters from social services or domestic violence organisations.
The application fee for ILR as a victim of domestic violence is £2389. Therefore, applicants can apply for a fee waiver if they do not have sufficient funds to pay the Home Office fee.
The Home Office have acknowledged that when people leave their abusive partners, they may be destitute and unable to afford new accommodation. Especially if the abusive partner is controlling their finances. Therefore, in 2012 the Home Office introduced the Destitute Domestic Violence Concession- this gives applicants three months leave outside the rules and access to public funds. The Concession gives applicants access to financial support and accommodation whilst they prepare their application for Indefinite Leave to Remain as a Victim of Domestic Violence.
Once an application for indefinite leave to remain in the UK has been submitted, the Home Office aims to issue a decision within six months. If you have valid leave to remain in the UK, the conditions of your leave (e.g right to work) will continue whilst your application is pending.
Partner of an EEA national
If you are the partner of an EEA national and your relationship breaks down due to domestic violence you may apply for permanent residence if you or your ex-partner have lived in the UK for five years or more. You may also apply for a right to reside as the parent caring for the child of an EEA worker or retained rights of residence.
Options if you do not have any status in the UK
If you do not have any status in the UK, you may make an application for leave to remain based on your human rights e.g. your family and private life - especially if you have children in the UK-, long residence or leave outside the rules due to compassionate circumstances. It would be worth having a consultation with an Immigration Solicitor to assess which type of leave to remain is most suitable for you in light of your circumstances.
If you need a UK immigration lawyer and need assistance with any aspect of UK immigration law whether from inside the UK or from overseas, contact Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law (including divorce proceedings), Wills & Probate, Litigation, Landlord & Tenant. You can contact Aschfords Law on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com