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:
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 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:
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:
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.
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:
A person is eligible to apply for Domestic Violence ILR if he/she falls under the following categories:
In order to seek Domestic Violence ILR, the applicant must meet the following requirements:
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:
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.
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:
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