The Home Office recognises the pressing issue of domestic violence and abuse against non-EEA nationals in the UK. To safeguard their fundamental human rights, the Home Office introduced the indefinite leave to remain as a victim of domestic violence and abuse category. This article serves as a detailed guide for individuals seeking to apply for indefinite leave to remain under this category.
What Constitutes Domestic Violence and Abuse?
Domestic violence and abuse encompass various forms of mistreatment and can manifest in psychological, physical, sexual, financial, or emotional forms. It often involves patterns of controlling, coercive, or threatening behavior. Victims are urged to report abuse promptly and seek assistance. Protective measures, such as non-molestation orders and occupation orders under the Family Law Act 1996, are available to safeguard victims.
Requirements for Indefinite Leave to Remain as a Victim of Domestic Violence or Abuse
To be eligible for indefinite leave to remain under this category, applicants must meet certain criteria:
- Previously granted leave as a spouse or partner of a settled individual in the UK.
- Demonstrate a genuine and subsisting relationship prior to its breakdown.
- Provide evidence of domestic violence or abuse as the cause of the relationship breakdown.
It is advisable for victims to apply as soon as abuse occurs, without waiting for the expiration of their current visa. While gathering documentary evidence may pose challenges, compiling a robust bundle of supporting documents is crucial. Assistance from legal professionals and support services, such as the National Domestic Violence Helpline, can be invaluable.
Fee Waiver and Financial Support
Victims facing vulnerability and financial hardship may be eligible for a fee waiver, relieving them from paying the application fee. This provision is typically granted to individuals deemed destitute, lacking accommodation or financial means.
Utilising Legal Representation
Engaging legal representatives experienced in immigration law is advantageous for preparing and submitting an indefinite leave to remain application. Proper documentation and adherence to immigration rules are paramount for a successful application. Legal professionals ensure that all necessary documents are provided and guide applicants through the complex process.
Successful Indefinite Leave to Remain application as a victim of domestic violence or abuse
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your indefinite leave to remain application as a victim of domestic violence or abuse before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.
Preparation is the key to a successful indefinite leave to remain application as a victim of domestic violence or abuse. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.