You may be able to apply to extend your visa for indefinite leave to stay or live permanently in the UK if you have suffered domestic violence or abuse and your relationship has permanently broken down under Immigration Rules Appendix Victim of Domestic Abuse.
The UK Government introduced a new definition of domestic violence on the 31st March 2013. Domestic violence and abuse include many different types of behaviours, including the following:-
Behaviour can be controlling or threatening with the intention of harming, isolating, or frightening someone. It can be an incident or pattern of events that demonstrate coercive, controlling, or threatening behaviour, violence, or abuse between two people who are or have been intimate partners, irrespective of gender or sexuality. The definition also extends to violence and abuse between family members, but both parties must be over sixteen.
Coercive behaviour is a sole act or repeated acts consisting of threats, assault, humiliation, and intimidation. It’s psychological abuse that is used to harm, punish, or frighten someone.
Controlling behaviour covers a variety of acts and even omissions designed to make a person dependent, more dependent, or subordinate by isolating them from and removing them from support sources. Controlling behaviour deprives the victim of independence, resistance, and escape.
Coercive behaviour and controlling behaviour constitute psychological abuse. Psychological abuse is no different from physical abuse – it’s all the same when it comes to assessing domestic violence.
You can apply if your partner is in one of the following categories:-
Indefinite leave to remain, also known as ‘settlement,’ is a legal status. It provides the right to live and work in the UK or to study for as long as you like. You may also be able to apply for state benefits if eligible, which can be the basis for British citizenship.
Victims of domestic violence and abuse shouldn’t wait until their existing visa expires. You should apply for indefinite leave to remain as soon as the relationship has permanently broken down.
Being a victim of domestic violence or abuse is life-changing, and it can be almost impossible to contemplate going through a formal immigration process for people who are suffering the physical and psychological impact of this trauma.
Providing details of your and your partner’s life is stressful and upsetting plus, there is the ongoing worry about whether the visa application will be successful and the care and arrangements for any children.
Finding the correct documents, understanding the requirements, and handling the application process are daunting enough but can be overwhelming for people who have been on the receiving end of domestic violence and abuse.
Seeking advice from a legal expert offers the reassurance that there is someone to best represent your interests. An experienced professional can steer the application process and lighten the load. They’ll deal with queries and requests for more information from the Home Office so you don’t have to.
WH Solicitors are specialists in immigration services, including domestic violence visas. Our many years of experience help us anticipate and deal with potential problems, making the application process as smooth as possible. Our friendly team understands the immense stress for victims of domestic violence and approaches the process with sensitivity.
WH Solicitors are experts in domestic violence visas. Our efficient and professional service has transparent pricing and no hidden costs.
How can we help?
If you have divorced or separated from your partner and your visa was based on this relationship, then you must inform the Home Office. Include you and your ex-partner’s name, date of birth, address, passport number, and Home Office reference number in an email or a letter sent by post. If there are any children, then you will also need to include their details, including arrangements for their care and financial support.
The application fee is £2,285. This fee is for a sole applicant, but you can include your children on the application if they are eligible.
Most applications take around six months to process.
The Domestic Violence Rule was created in 2002 because victims of domestic violence and abuse were being forced to stay in their situations in order to protect their leave to remain in the UK. The rule allows people who have entered the UK on a spousal or partner visa to apply for leave to remain if they experience domestic violence within the relationship.
Contact WH Solicitors for help with your domestic violence visa. Our experts can prepare and present the application and represent you throughout the process. Our rates are reasonable, fair, and transparent.
The contents of this webpage are provided for informational purposes only and are not intended to constitute legal advice. All information is correct as of the date of publication, and any individual or organisation should be careful to seek qualified advice from a specialist immigration lawyer before acting on any of the topics referenced by this content.
