In recognition of the urgent need to address the plight of individuals facing domestic violence, the UK has established a compassionate and supportive pathway – the Domestic Violence Visa. This initiative underscores our commitment to providing a safe haven for those who have endured the trauma of domestic abuse and are seeking refuge within our borders.
The Domestic Violence Visa UK is more than just a legal pathway; it represents a lifeline for survivors, offering them a chance to break free from the cycle of violence and rebuild their lives in a secure and nurturing environment. Our comprehensive program is designed to empower survivors with the necessary resources and support networks, fostering a community where healing and resilience can flourish.
It’s critical to realize that domestic violence and abuse can take many forms in addition to physical ones, including psychological, sexual, financial, and emotional. Threatening, abusive, or violent behavior between adults is referred to as domestic violence.
Who is eligible to apply for an indefinite leave to remain due to domestic abuse?
If you are at the moment in the UK and were last given permission to come or stay in the UK as the husband, civil companion, single, or same-sex partner of a British citizen or resident person, you may be eligible to apply for ILR as an accuser of domestic abuse or coercive behavior. An individual who has been given the right to remain in the UK, either through Indefinite Leave to Remain or EU Settlement Scheme Settled Status, is referred to as a settled person.
What is Domestic Violence?
Domestic violence, also referred to as intimate partner violence or domestic abuse, is a pattern of abusive behaviors used by one person to gain power and control over an intimate partner or family member. This form of violence can manifest in various ways and can affect individuals regardless of age, gender, socioeconomic status, race, or other demographics. Domestic violence encompasses a range of abusive behaviors, including but not limited to:
- Physical Abuse: Inflicting bodily harm, such as hitting, slapping, kicking, or using weapons.
- Emotional Abuse: Undermining an individual’s self-worth through manipulation, intimidation, humiliation, or constant criticism.
- Verbal Abuse: Using harsh words, threats, or yelling to control or frighten the victim.
- Sexual Abuse: Coercing or forcing a partner into unwanted sexual activities or undermining their autonomy in sexual matters.
- Financial Abuse: Controlling or limiting access to financial resources, preventing economic independence.
- Psychological Abuse: Engaging in tactics that cause emotional distress, fear, or anxiety, such as isolation from friends and family.
- Stalking: Unwanted and obsessive attention, including online stalking or harassment.
It’s important to note that domestic violence is not restricted to physical harm; it can take various forms, and the effects can be long-lasting and deeply damaging. Domestic violence is a serious social issue, and many countries, including the United Kingdom, have implemented measures to address and support individuals affected by it.
Managing coercive behavior
Coercive behavior in a close or familial relationship is defined by Section 76 of the Serious Crime Act 2015 as behavior that seriously affects the victim. Among the many instances of dominating, coercive behaviors are the following:
- Keeping tabs on someone’s whereabouts and schedule.
- Excluding someone from their social circle.
- Denying someone their fundamental need.
- Enforcing laws and practices that cause the victim to feel inferior, dehumanized, or humiliated.
- Criticizing and declaring them insignificant.
- Threats to murder a child, a pet, or the victim.
- Managing funds and preventing an individual from obtaining money.
Furthermore, the Home Office put forward a new rule by declaring that there is no distinction between psychological (mental) abuse and physical abuse. Abuse will always be considered wrong, whether mental or physical, if the person has gone through it.
Who is not eligible to apply for ILR due to domestic abuse?
If you are currently living in the UK and you have been through domestic violence or have faced some kind of abuse, you might not be a candidate for ILR under the following conditions:
- If you are the unmarried partner, spouse, or authorized civil partner of an individual that has restricted entry or stay permission
- An engaged couple, fiancée, or prospective civil partner.
- You are someone planning to submit a UK asylum application.
- the spouse or civil partner of a Commonwealth or foreign national who worked in the British military in the past or is currently serving and hasn’t yet finished four years of “reckonable service.”
If you are a citizen of the European Economic Area (EEA) or a member of their family, it is advised to discuss your matter with an immigration solicitor through email or other means so that they can advise on your eligibility for ILR. We can manage your application on your behalf as well as on behalf of your children, getting you closer to securing a safe future in the UK as soon as possible.
Requirements for ILR Application under Domestic Violence Visa UK
If you were a victim of domestic violence or abuse while residing in the UK, you must fulfill the following criteria in order to successfully apply for ILR:
- Duration of Leave: Typically, individuals must have been in the UK on a valid Domestic Violence Visa for a specified duration, often a probationary period of 30 months.
- Eligibility Criteria: Applicants need to meet specific eligibility criteria, including demonstrating that they have been a victim of domestic violence during their stay in the UK.
- Supporting Documents: Applicants are required to provide substantial evidence of the domestic violence they have experienced. This may include police reports, medical records, statements from support organizations, and any other relevant documentation.
- English Language Proficiency: Depending on the circumstances, applicants may need to demonstrate their English language proficiency. Exemptions may apply in certain cases.
- Life in the UK Test: Applicants might be required to pass the Life in the UK test, which assesses their knowledge of British culture, history, and society.
- Financial Requirements: Financial criteria may need to be met to ensure that the applicant can adequately support themselves and any dependents.
- Character Requirements: Applicants must meet certain character requirements, which may involve disclosing any criminal convictions or other relevant information.
- Biometric Information: Applicants are typically required to provide biometric information as part of the application process.
Document requirements for domestic violence visa UK
The kinds of paperwork that can be submitted as proof of your application are described in the Home Office’s guidance on ILR for victims of domestic abuse. It specifies that the following types of proof may be taken into account (keep in mind that this is just a partial list of acceptable documents):
- Your partner’s criminal record for domestic abuse will be regarded as definitive proof.
- Accepting a police caution is equivalent to admitting culpability and can be used as proof that there was domestic abuse.
- A civil court’s final order, which will be decisive if the judge determines that domestic abuse took place, the Home Office considers a recommendation from a Multi-Agency Risk Assessment Conference (MARAC) that has been verified by any member of a MARAC to be substantial evidence.
- The Home Office deemed the Crown Prosecution Service’s (CPS) decision to charge as compelling evidence.
- A protection order against domestic abuse, which the Home Office deems to be compelling proof.
The application for ILR under the domestic violence visa UK will take up to 6 months to process. During that period, the Home Office assures that all the documents that you have submitted are accurate and that you are not accusing someone falsely.
FAQs
How can I apply for the Domestic Violence Visa UK?
To apply for the Domestic Violence Visa UK, you will need to submit a specific application form along with evidence of the abuse and other required documentation. It is advisable to seek legal assistance to navigate the application process.
What evidence is required to support a Domestic Violence Visa UK application?
Evidence may include police reports, medical records, statements from support organizations, or any other documents that demonstrate the existence of domestic violence.
Can I apply for the Domestic Violence Visa UK if I am currently in the UK on another type of visa?
In some cases, individuals may be able to switch to a Domestic Violence Visa UK from another visa category. It is recommended to consult with immigration authorities or legal professionals for guidance.
Will my children be included in my Domestic Violence Visa application?
Yes, dependent children under the age of 18 can be included in the application, provided they meet the eligibility criteria.
How long is the Domestic Violence Visa valid?
The validity of the visa can vary, but it is typically granted for a limited period. Individuals on this visa are often eligible to apply for further leave to remain or settlement in the future.
