Domestic Violence ILR
The victim of domestic violence is eligible to apply for Indefinite Leave to Remain (ILR). This is a specific category designed for the victims of domestic violence, who are living in the UK under a limited leave to remain.
Some other instances include:
- Living in the UK under an extension for a limited period
- Entered or living in the UK on a spouse visa
- Entered or living in the UK as a registered civil partner, unmarried partner, or same-sex partner of a person who is a British citizen or holds a settled status in the UK
Here, we will comprehensively discuss domestic violence and how the victim of domestic violence may seek indefinite leave to remain in the UK.
Domestic Violence Explained
Domestic violence is referred to as any kind of violence, threatening behavior, or abuse (both physical, sexual, or psychological). Such violence must be inflicted on an adult who is an intimate partner or family member of a person settled in the UK. If you want to apply for Applying for British Passport after Indefinite Leave to Remain, the victim must be 18 years old or above.
In other words, domestic violence relates to a happening or a pattern of happenings including coercive, controlling, degrading, threatening, sexual violence, or general violent behavior. This type of violence should be inflicted on the family member, partner, ex-partner, or caregiver.
Following are some of the most common examples of domestic violence:
- Physical violence
- Sexual abuse
- Coercive control
- Stalking or harassment
- Online or digital abuse
- Economic abuse
- Emotional and mental abuse
Besides, there is no distinction as to gender, as both male and female individuals can be the victim of domestic violence.
For the purpose of Domestic Violence ILR, the term family member includes any relationship (direct or indirect) i.e. step-family or in-laws. These include:
- Father
- Mother
- Grandparents
- Daughter
- Son
- Sister/ Brother
The victim of domestic violence may also receive an injury (physical or mental). For this purpose, the term injury is defined as an act or omission of a person that results in harming another person.
Controlling or Coercive Behavior
According to Section 76 (Serious Crime Act 2015), controlling/coercive behavior can cast a serious effect on the victim. Given below are a few of the examples of this behavior:
- Spying on a person’s outdoor activities and inquiring about whom he/she meets
- Degrade someone through criticism
- Not providing the basic needs to a person
- Not allowing a person to access his/her money
- Isolating someone from his/her parents, family members, or friends
- Giving life threats to a victim or his/her child or pet
- Making or enforcing such rules that are humiliating and degrading
Who is Eligible to Apply for Domestic Violence ILR?
A person is eligible to apply for Domestic Violence ILR if he/she falls under the following categories:
- The applicant is a victim of domestic violence
- Such a person is living in the UK under a limited leave to remain as a spouse, registered civil partner, unmarried/same-sex partner of a settled person, British Citizen, or a person with refugee leave
- The relationship of the applicant must have been broken down due to domestic violence.
In order to seek Domestic Violence ILR, the applicant must meet the following requirements:
- The applicant should be living in the UK while applying for Domestic Violence ILR
- It is also essential to meet the requirements of the Section S-LTR and Section E-DVILR
How to Apply for Domestic Violence ILR
If the victim of domestic violence is living in the UK as a partner or spouse of a British Citizen or a person with settled status, it is possible for him/her to apply for Indefinite Leave to Remain (ILR).
The victim can also apply for Domestic Violence ILR even if his/her visa has been already expired. However, this particular category or immigration route is not available to a person living in the UK under Fiancé Visa or a similar short-term visa.
If the victim of domestic violence has left the home to take refuge and doesn’t have the means to support his/her life, it is possible to apply for a limited time ‘Leave to Remain’ in the UK.
This leave is granted for three months and is referred to as the “Destitute Domestic Violence Concession”. If you have been granted this concession, it would be possible for you to access public funds and similar other benefits.
However, in order to obtain “Destitute Domestic Violence Concession,” you need to meet certain requirements. These include:
- You must be living in the UK on a spouse or partner visa
- Your relationship with your partner or spouse has been broken due to domestic violence
- You need access to public funds with a view to escape to safety
- You are planning to apply for the Domestic Violence ILR
After obtaining the “Destitute Domestic Violence Concession”, you can apply for the ILR. This has been observed that the inflictor of domestic violence will do anything to create hurdles in the way of making an ILR application by the victim.
The most common instance is the refusal to hand over the passport of the victim of domestic violence. If this is the case with you, it is imperative to apply for a new passport by visiting the concerned consulate or embassy.
Ways to Prove Domestic Violence
In fact, the Home Office hasn’t provided a guideline regarding the specific documents that are necessary to produce as evidence of domestic violence. Hence, every application is dealt with the individual circumstances of the victim.
The applicant can offer the following evidence to prove domestic violence:
- As a victim, you can provide the court order i.e. Occupation Order or Non-Molestation Order
- Your spouse or partner was previously convicted for inflicting domestic violence on you or your children
- Must provide the evidence showing that police came to your house for investigating an incident of domestic violence
- should submit the medical reports showing the injuries that were caused due to domestic violence
- Must attach a letter from a refuge or any other organization that supports the victims of domestic violence, if the victim had accessed such facility. In case the victim wasn’t allowed access to a refuge, it is essential to provide a reason for such disallowance.
