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ilr based on domestic violence

Settlement Visa based on Domestic abuse / violence

If you hold a partner visa and if you are experiencing significant abuse and/or violence from your settled partner you may be able to apply for settlement on this basis, if you can prove the abuse to a reasonable standard. 

To potentially qualify for this route to settlement, you must hold leave as a spouse, civil partner or unmarried partner, and your partner must be either a British citizen, or a person who holds settlement, refugee status or pre-settled status. 

The name of this route is “victim of domestic abuse” and, as this might imply, an applicant does not have to show that there has been actual physical violence or injury; psychological abuse would be enough to satisfy the requirements, but it must be sufficiently severe. But if there has been physical violence and injury, and if there is evidence about this, this can be very good evidence to support the application. 

Other kinds of evidence can also be helpful, e.g. police reports, evidence of having stayed at a refuge, or statements from other people.

In the words of the relevant immigration rule, the applicant must prove that “the applicant’s relationship with their partner broke down permanently as a result of domestic abuse”.

The majority of these applications are from women, but men are equally able to apply, and their application will be treated in exactly the same way. 

There is no English language requirement for this application, and neither is there any financial maintenance requirement. 

An applicant who succeeds and who acquires settlement will then hold leave entirely independently of their partner. 

If you want advice on these issues we at GSN Immigration will be able to help you. 

 

 

Author

Oliver Westmoreland

OISC Level 3 Immigration Adviser

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