21 June 2018

ILR for Victims of Domestic Violence

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Domestic violence, also called domestic abuse, includes physical, emotional and sexual abuse in couple relationships or between family members. Domestic violence can happen against women and against men, and anybody can be an abuser.

Abuse by a family member other than the partner

If an applicant is under immigration control submits evidence to show that their relationship has broken down because they have been subjected to domestic violence from someone other than their partner, they can still qualify for settlement under the rule.

Evidence must clearly show that the violence has been the reason for the breakdown of the relationship between the applicant and their partner, for example where the person who abuses the applicant is a member of the partner’s family and against whom the partner offers no protection.

Who is eligible to apply under domestic violence rules?

The domestic violence rules do not apply to:

  • the spouse, unmarried partner or registered civil partner of a sponsor who has only 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

Individuals in these groups are not eligible to apply under the domestic violence rules because they were not admitted to the UK, or originally given leave in the UK, as the partner of someone who already has the right of permanent residence in the UK. They have come to the UK as the dependant of someone who does not have settled status in the UK, and who may never have settled status, and should have no expectation of remaining in the UK outside that relationship.

Types of evidence accepted

Alleged abuser criminal convictions; Where there is a criminal case outstanding, the applicant should provide as much evidence as possible, including a copy of the notification of prosecution.

Police cautions; Where the applicant alleges a caution has been issued, you must ask them for details of the alleged abuser

Arrest; Following an arrest, if their enquiries are ongoing the police must release someone on bail. Conditions could be attached to the grant of bail. Although the available evidence is considered when deciding whether or not to impose bail conditions, it is not the principal consideration. The decision to release someone on conditional bail does not, on its own, provide evidence on the balance of probabilities that domestic violence has occurred.

Letter or statement; from an independent witness who has no vested interest in the case, for example, they are not related to the applicant.

Court orders; this should be the same name as the person who requests leave to remain on the basis of domestic violence.

Charging decision; The Crown Prosecution Service (CPS) makes a decision to charge someone with a criminal offence when it is satisfied that there is sufficient evidence to provide a realistic prospect of conviction and that it is in the public interest to do so.

Domestic violence protection order; This is an order made by a magistrate’s court on the application of the police. They enable the police and magistrates to protect a victim in the immediate period after a domestic violence incident and last between 14 and 28 days. The alleged abuser can be banned from contacting the victim and/or returning to a shared residence for up to 28 days.

Forced marriage protection order; Forced marriage protection orders can be used to protect someone from being forced into marriage or who is already in a forced marriage.

Prohibited steps orders and contact orders; if evidence is that domestic violence was a factor in granting the order These orders regulate the relationship between the children and parents. Orders of this type can also be made in cases where a relationship has broken down for reasons other than domestic violence.

Letter from social services or welfare officer connected to HM Armed Forces; Can only be accepted as strong evidence if the letter confirms that the author has assessed the applicant and considers them a victim of evidence of domestic violence The letter should also provide details as to what support the applicant is being offered.

Letter from an organisation supporting victims of domestic violence (including a refuge); can be accepted as strong evidence of domestic violence but if no support is being provided, an explanation should be sought (for example, where a refuge is full)

Medical report; from UK hospital or GP confirming injuries or condition consistent with domestic violence. The report should include whether the hospital appointment was a referral from the doctor or any further treatment required. Many reports are lacking sufficient depth.

Fee Waiver for victims of Domestic Violence

The applicant must provide relevant supporting documentation to evidence their claim, including details of their financial circumstances. For example, evidence relating to any of the following:

  • the applicant’s accommodation
  • the type and adequacy of this
  • the amount of their rent or mortgage
  • the amount of the applicant’s contribution towards the rent or mortgage, their income and outgoings in terms of spending on food, utility bills

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

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