Domestic Violence
There is provision in the Immigration Rules to enable someone with limited permission to enter or remain on the basis of marriage/Civil Partnership to apply for indefinite leave to remain if their marriage/Civil Partnership has broken down during the two year probationary period as a result of Domestic Violence.
In order to qualify under this rule you must have been granted leave to remain as a spouse/Civil Partner for two years and be within that two year probationary period. At the beginning of that two years you and your partner must still have been together. The relationship must also now have permanently broken down as a result of domestic violence.
You will need to provide proof of domestic violence having taken place. This can be in the form of one of the following:-
- An injunction, non-molestation order or other protection order against your partner.
- A Court order against your partner.
- A Police caution against your partner.
If you do not have any of these then you can alternatively provide at least two of the following:-
- A medical report or letter from your GP confirming you have injuries consistent with domestic violence.
- An undertaking given to the Court by your partner indicating that they will not approach you.
- A Police report confirming attendance at your address as a result of domestic violence.
- A letter from Social Services confirming they have been involved with you in connection with domestic violence.
- A letter from a Women’s Refuge.
You must also provide a letter which you have signed stating whether you are living with your partner, whether the relationship has broken down and if domestic violence was the reason for this.
If your application is successful you will be granted indefinite leave to remain straight away.
If you are in a position where your marriage has broken down as a result of domestic violence and have young children you may be struggling to support yourself without claiming benefits which is prohibited under the provisions of your stay. We may be able to help you obtain financial support from Social Services whilst your application is being considered by the Home Office. This support would not be considered recourse to public funds and would not be a breach of the current conditions
of your stay. If your application is successful you will no longer be prevented from claiming public funds.
If you believe you may qualify under this rule and you would like some further advice about this then please do not hesitate to contact us.