As Victim of Domestic Violence you can apply for settlement when you have the right evidence to support your application in the Hom Office. When you come to the UK as a partner of British citizen, then you expect a better life. However, we have heard from many immigrants, they get vitimised by thier spouse, parents in law and sometime brother in laws. If you are facing such domestic abuse, you will have rights to protect your life from them and get legal and social support from institutions.
Barrister Shazia Anjum has achieved successful applications for her clients who have been victimised by their spouse, even when you get overstayed and lost everything in result of that Domestic Violence.
Part 8 of Immigration rules say as follows;
Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:
(i)(a) the applicant was last admitted to the UK for a period not exceeding 27 months in accordance with sub-paragraph 282(a), 282(c), 295B(a) or 295B(c) of these Rules; or
(b) the applicant was last granted leave to remain as the spouse or civil partner or unmarried partner or same-sex partner of a person present and settled in the UK in accordance with paragraph 285 or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant or Appendix W Worker; or
(c) the applicant was last granted leave to enable access to public funds pending an application under paragraph 289A and the preceding grant of leave was given in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant or Appendix W Worker; and
(ii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner, as appropriate, was subsisting at the beginning of the last period of leave granted in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules; and
(iii) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.
As it has been described by the Crown Prosecution Services that;
“‘Domestic abuse’ covers a range of types of abuse, including, but not limited to, psychological, physical, sexual, financial or emotional abuse. ‘Domestic abuse’ can be prosecuted under a range of offences and the term is used to describe a range of controlling and coercive behaviours, used by one person to maintain control over another with whom they have, or have had, an intimate or family relationship”.
Domestic Abuse Examples
In the statutory definition of domestic abuse which is updated on November 2019, it is mentioned that:
- “economic abuse involves behaviours that interfere with an individual’s ability to acquire, use and maintain economic resources such as money, transportation and utilities. It can be controlling or coercive. It can make the individual economically dependent on the abuser, thereby limiting their ability to escape and access safety
- examples of economic abuse include:
- having sole control of the family income
- preventing a victim from claiming welfare benefits; Interfering with a victim’s education, training, or employment
- not allowing or controlling a victim’s access to mobile phone/transport/utilities/food
- damage to a victim’s property”.
Case Law
In the case of “R (on the application of AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin), [2017] All ER (D) 94 (Nov)” it was considered that under this route those who come to the UK to marry and are granted leave to remain as spouses, but whose marriages break down as a result of domestic violence, can apply to remain in the UK indefinitely in the same way they would have been able to had they remained married to a British citizen”.
Further Information and Application Guidance
If you want further information in relation to your Indefinite Leave To Remain Application as Victim of Domestic Violence. Discuss with Barrister Shazia Anjum and send us a simple text on 00447870959175 (Whats App) and we will schedule your appointment with her to get further steps in your matter.
Alternatively, you can email her on info@barristershaziaanjum.com by writing “Domestic Violence Settlement Consultation” and your name on Subject area, also leave your contact number preferablly mobile number and she will ring you to help you further.
One proper advice can save your money, time and refusal and yet gives you the best strategy in your application.