Are you an immigrant who has been residing in the UK on a temporary basis since your partner is a visa holder but now you are separated from that person due to domestic violence? Have they taken your passport hostage? Do you feel lost? No worries at all, there are a number of laws in your favour and a lot of immigration solicitors who will be able to help you.
What do you understand by domestic abuse?
The UK home office has defined domestic abuse or violence as, “ any incident or a pattern of incidents of controlling coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can include but is not limited to, psychological, physical, sexual, financial or emotional abuse. Domestic abuse also includes culturally specific forms of abuse including, but not limited to, forced marriage, honour-based violence, dowry-related abuse and transnational marriage abandonment.” (Plagirism due to definition only. )
Domestic Abuse also includes the following:
- Abuse of all kinds including mental, physical or digital/virtual
- Controlling
- Economic abuse
- Sexual Harassment
Indefinite Leave to Remain and Domestic Abuse
If you came to the UK on an unmarried partner, spouse or civil partnership visa and have now become a victim of domestic abuse you don’t have to worry. You are eligible to apply for indefinite leave to remain or if you already have ILR then you can apply for permanent residence. These applications can be made even if your previous visa has expired.
However, to obtain ILR or permanent residence you will need to to be present in the UK, meet all the requirements of eligibility under DDVC and make a valid application. Many victims face multiple issues during their applications including their ex-partners trying to hinder the completion of their application process. Many hide the passports of their partners for the same reason. In case you face any such issue and could not include your passport in the application, you can consult aa lawyer and make ana application for a new one at your embassy. You can report your current passport stolen.
You are not eligible to apply for this visa if you were on a fiance or tier 4 visa.
Will your immigration status matter in this condition?
In case, you have split from your partner due to the ongoing domestic violence and have neither a place to stay nor any money then you can apply for a domestic violence concession. You should only apply under this section if you are planning to make an application of indefinite leave as a victim of domestic violence. There are no fees for the home office under this category of applications. If your leave under the Destitute Domestic Violence Concession is approved then your grant will be cancelled and replaced by the same under any current leave of remain you may have. You would be granted 3 months of leave to remain with unlimited access to public funds during which time you will have to work on your application for indefinite leave.
Requirements you need to meet to be granted indefinite leave
You need to fulfil the following conditions:
- Be present in the UK
- You had left to remain as a partner
- Eligibility for all statutory requirements
- That you and your partner are no longer together due to domestic violence
You would require your passport, in case you do not have it due to unavoidable circumstances as discussed previously. You need to keep proof of your last known address in the UK that you shared with your partner. It will be best for you to consult an immigration solicitor. You will also need evidence of domestic violence against your partner. To apply for this route you need to be sure of the permanence of the end of your relationship as a temporary fight or break-up makes you ineligible to apply.
What to do if you have criminal convictions?
There is a possibility that your application may be rejected based on your record or you may be granted a limited leave rather than an indefinite one. This is the part where an immigration solicitor would be of great assistance.
The process of submission
All applications are submitted online through the website. You the enrol your biometrics and submit the supporting documents at the post-office and home office respectively.
How much does the application cost?
The fee for the application is currently £2,389. You will have to pay another £19.20 to enrol your biometrics. You do not have to pay any health surcharge, however, If you have any dependents then the fees will double. A few circumstances may allow for a fee waiver.