Immigration Application – Victim of domestic violence
A person who is living in the United Kingdom as a spouse, civil-partner or unmarried partner of a British Citizen or person settled in the UK, whose relationship has recently broken down permanently as a result of domestic violence, may be able to apply for indefinite leave to remain in the UK (settlement).
If such a victim of domestic violence meets the requirements, and is able to provide the necessary documentary evidence to prove that the main reason for the breakdown of their relationship was due to domestic violence, they would be granted settlement in the UK.
Documentary evidence may include a non-molestation order, occupation order or other such evidence.
Danielle worked for many years with Women’s Rights organisations and Not for Profit Organisations, including Justice, Refugee Women’s Legal Group, Rights of Women, and Hammersmith and Fulham Law Centre.
The Government introduced a new definition of domestic violence as of 31st March 2013. The definition of domestic violence and abuse is any incident or pattern of incidents 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, but does not limit it to the following types of abuse: psychological, physical, sexual, financial, emotional, controlling behaviour.
Controlling behaviour is a range of acts designed to make a person subordinate and or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape, regulating their everyday behaviour.
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm punish or frighten their victim. There is no difference between psychological abuse and physical abuse when it comes to assessing if a person is a victim of domestic violence. In the domestic violence context family members include mother, father, son, daughter, brother, sister and grandparent. The legal definition of injury is any harm done to a person by acts or omissions of others.
Who can benefit from the Domestic Violence Rule
People already in the UK and previously admitted for either 27 months or granted an extension for two years as a partner of a settled person under Part 8 of the Immigration Rules before the 9th July 2012. The provision does not apply to spouses, unmarried partners or registered civil partners of a sponsor who has only limited leave to enter or remain in the UK, i.e. The post flight partners of a person in the UK as a refugee, or a partner of a person with Humanitarian Protection. It does not apply to European Economic Area nationals exercising treaty rights. It does not apply to fiancés or for people who seek asylum in the UK or the spouse or civil partner of a foreign or commonwealth citizen who has served in Her Majesty’s Forces. This is because these people were not admitted to the UK for the purpose of settlement.
If you would like Danielle and her team to assist with your settlement/immigration application, or you have a general query please do not hesitate to call us on 020 7267 4133.