VICTIMS OF DOMESTIC VIOLENCE (DV)

Victim of Domestic Violence and looking for a highly credible Immigration Solicitor in London to make your Domestic Violence DV application? At Chauhan Solicitors you shall get 100% accurate UK Immigration advice and a promising customer service.

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Not all relationships work well, unfortunately. There may be cases where migrants become a victim of domestic violence from the partner or in some case from the partner’s family members. The Immigration rules allow such Victims of Domestic Violence DV applicants to settle in the UK. Victims of Domestic Violence must be able to provide evidence of the permanent breakdown of their relationship due to domestic violence DV.

DEFINITION OF DOMESTIC VIOLENCE DV

The law relating to victims of domestic violence has considerably been amended in the light of the tribunals’ judgements. Presently the Home Office website describes “Domestic Violence” encompassing the following:

The government introduced a new definition of domestic violence i.e. 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 include, but is not limited to, the following types of abuse:

Psychological, Physical, Sexual, Financial and Emotional 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. Other abuse that is used to harm, punish, or frighten their victim

WHO CAN APPLY FOR INDEFINITE LEAVE TO REMAIN AS A VICTIM OF DOMESTIC VIOLENCE?

Only the following individuals may apply for ILR as a victim of Domestic violence:

  • Unmarried partner of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years
  • Civil Partner of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years
  • Spouse of a person settled in the UK, British Citizen or member of HM Forces who has served for at least 4 years
  • Any dependent children of the above

The domestic violence rules do not apply to the following:

  • the spouse, unmarried partner or registered civil partner of a sponsor who has limited leave to enter or remain in the UK,
  • fiancé or fiancées or proposed civil partners,
  • people seeking asylum in the UK,
  • the spouse or civil partner of a foreign or Commonwealth citizen who is serving or has served in Her Majesty’s (HM) forces and who has not completed a minimum of 4 years reckonable service.

Out of Time DV Victims of Domestic Violence Application

It is not necessary for the applicant to have valid leave to remain in the UK at the time of making Indefinite Leave to Remain application as victim of domestic violence. The Home Office will however consider the reason of delay in making this application to assess whether that affects the credibility of any documents provided with the Victims of Domestic Violence application.

Breakdown of Relationship – Victims of Domestic Violence

The Victim of Domestic Violence must be able to produce evidence that their relationship has been permanently broken down due to the domestic violence whilst they had valid leave to remain as sponsor or unmarried partner or civil partner of a British citizen or a person settled in the UK or member of HM Forces who has served at least 4 years. The documents may include but not limited to the following:

  • Criminal conviction
  • Police Caution
  • Non molestation order
  • Domestic Violence Protection Order
  • Letter from social services
  • Letter, or statement from official source, such as an advice agency or refuge, repeating applicant’s account without confirming that applicant has been assessed as, or is being treated as, the victim of domestic
  • Other appropriate documentary evidence

It needs to be assessed on case to case basis about the nature of domestic violence inflicted, availability of documents and the vulnerability of the applicant and any children involved. Victims of Domestic Violence Indefinite leave to remain applications are often quite complex and it requires specialists expertise to handle these matters and we urge to contact our office at the earliest to discuss the merits of making such application.

Further Leave to Remain for Victims of Domestic Violence

Immigration Rules allow for a grant of limited leave to remain if the only reason for refusal is because the applicant fails to meet the suitability requirements in respect of a grant of indefinite leave to remain (but not a grant of limited leave to remain). In such cases, the applicants and any dependents are granted leave to remain for 30 months. They may become eligible later for Indefinite leave to remain.

Life in the UK Test and English Language Test for Victims of Domestic Violence

The Domestic Violence applicants are exempt from Life in the UK Test and English Language testing requirements.

REFUSAL OF DV (VICTIMS OF DOMESTIC VIOLENCE) INDEFINITE LEAVE TO REMAIN APPLICATION ILR

The Home Office may refuse your DV application depending on the documents have provided with your Domestic Violence ILR application. The applicant is given right of administrative review against the decision which may be challenged further in Judicial review if the Domestic Violence application refusal decision is maintained. You can read more information in our administrative review or Judicial review sections of our website.

Why to instruct Chauhan Solicitors to advise you on your Domestic Violence Visa application or Refusal of Domestic Violence Visa Application

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Victims Of Domestic Violence.

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