Victims of Domestic Violence

Not all relationships work well, unfortunately.

There may be cases where migrants become a victim of domestic violence from the partner or in some case from the partner`s family members. The Immigration rules allow such applicants to settle in the UK who are able to provide evidences confirming the permanent breakdown of their relationship due to domestic violence.

Definition of Domestic Violence

The law relating to victims of domestic violence has considerably been amended in the light of the tribunals` judgements and at present the Home office website describes “Domestic Violence” encompassing the following:

The government introduced a new definition of domestic violence i.e. Any incident or pattern of incidents controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality-this can include, but is not limited to, the following types of abuse:

Psychological

Physical

Sexual

Financial

Emotional

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by:

Psychological

Isolating them from sources of support

Exploiting their resources and capacities for personal gain

Depriving them of the means needed for independence

Resistance and escape

Regulating their everyday behaviour

Coercive behaviour is:

An act or a pattern of acts of assault, threats, humiliation and intimidation

Other abuse that is used to harm, punish, or frighten their victim

Who can apply for Indefinite Leave to Remain on the basis of being a victim of Domestic Violence?

Only the following individuals may apply for ILR on the basis of being a victim of Domestic violence:

Unmarried partner of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years

Civil Partner of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years

Spouse of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years

Any dependent children of the above

The domestic violence rules do not apply to the following:

the spouse, unmarried partner or registered civil partner of a sponsor who has limited leave to enter or remain in the UK

fiancé or fiancées or proposed civil partners

people seeking asylum in the UK

the spouse or civil partner of a foreign or Commonwealth citizen who is serving, or has served in Her Majesty’s (HM) forces and who has not completed a minimum of 4 years reckonable service

Out of Time Applications

It is not necessary for the applicant to have valid leave to remain in the UK at the time of making Indefinite Leave to Remain application as victim of domestic violence. The home office will however consider the reason of delay in making this application to assess whether that affects the credibility of any documents provided with the application.

Breakdown of Relationship

The applicant must be able to produce evidence that their relationship has been permanently broken down due to the domestic violence whilst they had valid leave to remain as sponsor or unmarried partner or civil partner of a British citizen or a person settled in the UK or member of HM Forces who has served at least 4 years. The documents may include but not limited to the following:

Criminal conviction

Police Caution

Non molestation order

Domestic Violence Protection Order

Letter from social services

Letter, or statement from official source, such as an advice agency or refuge, repeating applicant’s account without confirming that applicant has been assessed as, or is being treated as, the victim of domestic.

Other appropriate documentary evidences.

It needs to be assessed on case to case basis about the nature of domestic violence inflicted, availability of documents and the vulnerability of the applicant and any children involved. Indefinite leave to remain applications are often quite complex and it requires specialists expertise to handle these matters and we urge to contact our office at the earliest to discuss the merits of making such application.

Further Leave to Remain for Victims of Domestic Violence

Immigration rules allow for a grant of limited leave to remain if the only reason for refusal is because the applicant fails to meet the suitability requirements in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain). In such cases, the applicants and any dependents are granted leave to remain for 30 months. They may become eligible later for Indefinite leave to remain.

Life in the UK Test or English Language

The applicants are exempt from both these requirements.

Refusal of Indefinite Leave to Remain Application

The home office may refuse the application on one reason or other depending on the documents provided with the application. The applicant is given right of administrative review against the decision which may be challenged further in Judicial review if the decision of refusal is maintained. You can read more information in our administrative review or Judicial review sections of this website.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

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