ILR Domestic Violence Visa

Those who are already living in the UK on a spouse or partner visa and whose relationship ended due to domestic violence are eligible to apply for ILR domestic violence visa.

Our skilled solicitors are here to help you with this matter. Contact us online or give us a call at 02033939272 immediately.

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Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

What is ILR Domestic Violence?

According to UK Home Office rules, you may be able to apply for Indefinite Leave to Remain (ILR) if your relationship stopped because of abuse or violence in the home. Survivors of domestic violence can stay in the UK without their abusive partners by taking this path.

To be clear, the phrase “domestic violence” encompasses a wide range of abusive actions among adults (defined as those who are 18 or older) who are in a romantic relationship or who live in the same household. These behaviours can include threats, physical aggression, or other types of abuse. Keep in mind that abuse can take many forms besides physical ones, including psychological, sexual, financial, and emotional ones.

If you have been a victim of domestic violence, our solicitors have laid out the process for applying for indefinite leave to remain (ILR) and how to get permanent residency in the United Kingdom.

ILR Domestic Violence

What Does Controlling and Coercive Behaviour Mean?

Coercive behaviour in a family or intimate relationship is defined as conduct that has a “serious effect” on the victim under Section 76 of the Serious Crime Act 2015. Here are a few examples of how to control forceful behaviour:

  • Tracking a person’s time and who they see
  • Keeping someone away from their loved ones
  • Cutting someone off from their fundamental need
  • Rules and actions that dehumanise, humiliate, or humiliate the victim
  • telling them they are useless and criticising them
  • A threat to kill the victim, their child, or their pet
  • Managing one’s own resources and preventing others from having access to their funds

According to the Home Office’s new rules on domestic violence, there is no difference between physical abuse and mental abuse when figuring out if someone has been a victim of domestic violence or abuse.

Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

What are the Requirements for ILR Domestic Violence application?

If you have been a victim of domestic violence or abuse while in the UK and would like to apply for indefinite leave to remain, you must fulfil the following criteria:

  • Either you are a spouse of a British citizen or a permanent resident, or you have been granted 30 months of leave to remain under the domestic violence rule, which allows you to stay in the UK.
  • To apply, you need to be physically present in the UK.
  • You and your spouse or their family have been victims of domestic violence or abuse in the UK and as a result, your relationship has ended.
  • You must not fall within the reasons for refusal under the suitability standards.

Requirement of Relationship Breakdown

To apply for ILR in the UK as a victim of domestic abuse or violence, you must demonstrate that, “on the balance of probabilities,” your relationship ended due to domestic violence. Some of the things that the Home Office will consider are:

  • When you submit your ILR application
  • Duration of your relationship before you applied for ILR
  • Several tries to get leave to stay in the UK for different reasons
  • Time since the claimed occurrence and reasons stated for any delay in submitting an application.

Suitability Requirements

If you fail to meet the suitability criteria, such as having a criminal record, the Home Office may reject your application for temporary legal residency. However, if you meet all other requirements, you may still qualify for a 30-month limited leave to remain under certain conditions, such as:

  • Having a prison sentence of 12 months or less within the past seven years.
  • Receiving a non-custodial sentence or an out-of-court disposal within the last two years.

If you are a victim of domestic violence but do not fully meet the requirements for Indefinite Leave to Remain (ILR), you may want to explore alternative immigration options, such as:

Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

How to Apply for ILR Domestic Violence?

You must be in the UK to apply for ILR as a victim of domestic abuse. The following are the steps to apply:

  • Fill out the application form online.
  • Pay the £2,204 application fee. Please remember that people who are homeless and have been victims of domestic violence can get this fee waived.
  • Send in any necessary paperwork (such as a passport; see complete list below).

The victims of domestic abuse (DDV) concession2 allows the poor to stay for up to three months and can claim assistance if they apply. This is for people who:

  • do not own a home and cannot afford to purchase one, or
  • but can’t afford to pay for basic necessities like food and heating, or
  • they don’t make much money, and paying the application fee would be bad for their child’s health.

At Rees Clayton, we understand how critical it is for your Indefinite Leave to Remain (ILR) application to succeed, especially if you or your children are victims of domestic violence. Our experienced team is here to make the process straightforward and efficient, helping to improve your chances of approval.

Contact us today at 02033939272 or fill out our online form to connect with one of our dedicated representatives.

Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

Documents Required for Domestic Violence Visa UK

You can find information about the different kinds of proof you can use to support your application for ILR for victims of domestic abuse in the Home Office’s specific guidance3. Some of the papers that are allowed are listed below:

  • Your partner’s criminal conviction for domestic abuse will be regarded as conclusive proof.
  • Taking a police caution is an admission of guilt and can prove domestic violence.
  • A final ruling from a civil court—this is all that matters if the judge decides that there was domestic violence.
  • According to the Home Office, strong proof is a Multi-Agency Risk Assessment Conference (MARAC) referral that is confirmed by anyone who is a member of a MARAC.
  • The Home Office regarded a charging decision by the Crown Prosecution Service (CPS) as compelling evidence.
  • The Home Office deems a domestic abuse protection order as substantial evidence.
Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

Who Can’t Apply for ILR Domestic Violence?

Being a victim of domestic violence in the UK does not guarantee you ILR eligibility if:

  • spouses, unmarried partners, and registered civil partners of individuals with limited entry or limited stay visas
  • a future spouse, civil union partner, or engaged couple
  • an individual planning to seek asylum in the UK
  • the civil partner or spouse of an individual who is a citizen of another country or the Commonwealth and is either serving or has served in the British military forces without having completed at least four years of “reckonable service.”
  • a citizen of the European Union or any member of their immediate family

If you have been a victim of domestic violence, our compassionate immigration solicitors are here to support you. Call us at 02033939272 or fill out our confidential enquiry form to discuss your case.

Our team will assess your eligibility for Indefinite Leave to Remain (ILR) and work diligently to process your application. Our goal is to help you and your children secure a permanent home in the UK as quickly as possible.

Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

Domestic Violence Visa UK Processing Time

The domestic violence ILR processing time is only 6 months. You can minimise the processing time for the domestic violence visa by providing all the required details in your application.

How to Apply for a Domestic Violence Visa with Children?

When applying for an immigrant visa, you are able to include your dependent children. This requires your ex-partner to be the child’s other parent. If this isn’t the case, kids still have options if one of their parents has passed away, you’re the only parent responsible for their upbringing, or there are other strong arguments in their favour. A minor must meet the following criteria in order to be eligible:

  • They were probably residing in the UK with you and your former partner.
  • There must be evidence that your child will receive sufficient support and accommodations outside of the public funds.
  • They cannot be married, in a civil partnership, or independent.

Applicants must be 18 or older if:

  • They had or have immigration permission to stay in the UK as your dependent child.
  • As a spouse or legal resident of the UK, the parent was either a citizen or legally permitted to remain in the country.
  • They meet the under-18 criterion.
  • Also, they pass the Life in the UK test.
  • They meet the standards for the English language
Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

What happens after Applying for Domestic Violence ILR Application?

When you apply for a biometric residence permit, you will need to make an appointment and show up for a free service to have your biometrics processed. This includes your fingerprints and pictures. A child’s biometric information is required if they are six years old or older.

In order to further explore your situation, you can possibly be asked for an interview. This is perfectly normal and not a cause for concern.

After 12 months of lawful resident status, you will be eligible to apply for British citizenship, which grants you the right to live, work, study, own a business, and use public services and money (such as schools and hospitals).

If your application is rejected, you may:

  • Appeal
  • Apply for an administrative review (if a mistake was made by the Home Office)
  • Apply for a different type of UK visa
  • Apply for a judicial review (to challenge the legal basis for the refusal)
  • Submit a new ILR application
Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

Refusal of Domestic Abuse Visa

If your application for ILR domestic under domestic violence is declined, the Home Office rejection letter will detail alternative options that could be available to you. The first step is to see if you have the option to appeal the decision. This gives you a chance to argue your case before a third party.

Ultimately, the letter of rejection can provide you with the opportunity to seek an administrative review. If the Home Office made a mistake when deciding your case, this legal process will look into it so you can have your application reevaluated. Find out more information regarding the administrative review process for domestic abuse.

  • Another option to consider is a judicial review, which questions the legality of the decision-making procedure.
  • You might also consider exploring other types of UK visas that may better suit your circumstances.
  • Lastly, you can send in a new application for Indefinite Leave to Remain (ILR), maybe with more references to back it up. 
Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

Get Assistance from Rees Clayton

It is crucial to get expert assistance if you’re applying for ILR due to domestic violence or a protection visa. Our immigration solicitors have years of experience in providing UK immigration support. When preparing the application, we will assist you in minimising the number of obstacles and delays that may arise. 

It might be easy for some people to get ILR Domestic Violence. Some people take a long time to finish all the paperwork and meet the requirements for a visa. 

Rees Clayton’s team of experts specialises in immigration matters and has successfully helped numerous individuals resolve their immigration challenges. With Rees Clayton, you can apply for Indefinite Leave to Remain (ILR) confidently and avoid the common pitfalls that often arise when applying independently.

Our experienced ILR Domestic Violence Solicitors can help you with your immigration process.

FREQUENTLY ASKED QUESTIONS

Questions & Answer

It is possible to waive the domestic violence cost for those who are experiencing financial hardship. Your Indefinite Leave to Remain (ILR) application cost may be waived if you can prove that you were a victim of domestic violence. Talk to an immigration lawyer who can take a look at your situation and help you through it.

There are a number of papers you will need to apply for ILR based on domestic violence. You may be required to provide documents such as your passport, proof of your relationship with your partner or spouse, domestic abuse incident reports or court orders, and any other documentation that supports your claim. Get in touch with an immigration lawyer right away so they can provide you with a detailed checklist based on your unique circumstances.

It is possible to reapply for ILR if your first application was rejected due to domestic abuse. Before submitting a fresh application, make sure you thoroughly investigate the grounds for the prior rejection and fix any problems you find. If you want to increase your chances of success in future applications by providing precise and effective information and supporting proof, consulting an immigration counsel is a good idea.

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About Us

Rees Clayton Immigration is an authorised trading style of Rees Clayton Solicitors, a UK-based firm specialising in personal and business immigration services. Rees Clayton Solicitors are authorised and regulated by the Solicitors Regulation Authority (SRA), under SRA Number 635563.

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