Victim of domestic violence
Eligibility
You can apply for indefinite leave to remain in the UK for reasons of domestic violence if you have been previously granted leave to enter or remain as the:
· spouse
· civil partner
· unmarried or same-sex partner of any of the following:
o British citizen
o settled person
o member of HM forces who has served for at least 4 years
You also need to be 18 or above. Although the definition of domestic violence refers to people aged 16 or over. An individual must be 18 years or over to qualify for leave as a partner
If your leave was given as the partner of a refugee or recipient of humanitarian protection who was not settled at the time of the grant of leave, you cannot apply for this.
Domestic violence
Any incident or pattern of incidents of 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
Other forms of abuse
Controlling behaviour is a range of acts designed to make a person subordinate or dependent by:
- 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 either:
· 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
No distinction should be made between psychological (mental) abuse and physical abuse when assessing if a person has been the victim of domestic violence or abuse.
Application fee
You can be exempt from the application as a result of domestic violence if you are destitute.
You are considered destitute if you either:
• do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
• have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs
If you claim to be destitute you must:
- submit SET(DV) but not submit the specified fee
- provide evidence that they have no means to pay the specified fee
Abuse by a family member other than the partner
If you submit evidence to show that your relationship has broken down because you have been subjected to domestic violence from someone other than their partner, you can still qualify for settlement under the rule.
If the alleged abuser is under 18 in England and Wales or under 16 in Scotland, the law deals with them differently. Offenders may be given a reprimand or a final warning. Both of these are admissions of guilt and are evidence that domestic violence has occurred.
Out of time applications
It is not required that you have valid leave to remain in the UK.
What you need to establish
You must establish that the relationship:
• with their partner was subsisting at the start of the last grant of leave as a partner
• broke down during that last period of leave
• broke down because of domestic violence
There is no specific mandatory evidence or documents to be submitted.
Q & A
My relationship broke down due to domestic violence during the early stages, will it affect my application?
The length of relationship before the application is made is relevant: the fact that the relationship broke down due to domestic violence during the very early stages of the probationary period, may not be an adverse factor in reaching a decision to grant indefinite leave to remain (ILR) but in the context of the immigration history as a whole may give rise to suspicion.
I have applied several times before to secure leave. Will it affect my application?
Previous immigration history is also relevant, particularly where there is evidence that the applicant has made a number of attempts to secure leave in the UK on different grounds.
I am still living with my couple at the same address. Will it affect my application?
The fact the couple are still living at the same address when the application is made may not necessarily be taken as an indicator the relationship has not broken down, as this could be due to a number of reasons.
Can I write statement myself to prove domestic violence?
Yes you can but it is considered as a weak evidence and further enquiries are likely to be needed. Further evidence such as police reports, refuge assessment and medical evidence are expected.
Is an arrest by police sufficient evidence?
No, it is moderate evidence only but not conclusive.
The police have the power to arrest anyone who they suspect has committed a criminal offence and they have reasonable grounds for believing that the arrest is necessary. In order to arrest someone for domestic violence, the police will have to have some basis to suspect that the person has committed an offence. However, this is not the same as having sufficient evidence to charge and the fact that someone has been arrested for domestic violence is not conclusive proof that it has occurred.
Is a letter or statement from an independent witness enough?
It is a strong evidence if the witness has verified that:
- they witnessed the incident of domestic violence first hand
- have no vested interest in the case - for example, they are not related to the applicant
Is a medical report from UK hospital confirming inuries consistent with domestic violence sufficient evidence?
No it is moderate evidence only. Report should include whether the hospital appointment was a referral from the doctor or any further treatment required. Many reports are lacking sufficient depth.
I am a fiancé. Am I eligible to apply?
No, you are not able to apply for domestic violence applications because you 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. You 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.
I am an EEA national and I have exercised treaty rights to live in the UK. Am I eligible?
No, European Economic Area (EEA) nationals exercising treaty rights and their family members are also ineligible to apply under the domestic violence rules. However, they may be able to apply under the European provisions. For more information, see family members of European Economic Area (EEA) nationals.
Do I need to take English test or life in the UK test to apply?
No you do not need to demonstrate knowledge of language and life in the UK under the victims of domestic violence rules.