London Solicitor ILR Victim of Domestic Violence
Are you or someone you know on a spouse visa and suffering from domestic violence?
If you are the victim of domestic violence which results in the breakdown of your marriage or relationship to a British citizen or a person settled in the UK, you may be able to obtain indefinite leave to remain.
There is a number of requirements to meet in order to apply.
The Government introduced a new definition of domestic violence and abuse from 31st March 2013 which 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 include, but is not limited to, the following types of abuse:
- 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 o 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
There is no difference between psychological (mental) abuse and physical abuse when it comes to assessing if a person has been the victim of domestic violence.
It will be necessary for you to show proof that your relationship has broken down as a result of the domestic violence and abuse.
The Home Office evidence preferences are for one of the following:
- An injunction, non-molestation order or other protection order made against the sponsor; or
- A relevant Court Conviction against the sponsor; or
- Full details of a relevant police caution issued against the sponsor; or
- A medical report from a hospital doctor confirming that the applicant has injuries consistent with being a victim of domestic violence or a letter from a GMC registered family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being a victim of domestic violence; or
- An undertaking given to a Court that the perpetrator of the violence will note approach the applicant who is the victim of the violence;
- A police report confirming the attendance at the home of the applicant as a result of a domestic violence incident; or
- A letter from a social services department confirming its involvement in connection with domestic violence; or
- A letter of support or a report from a domestic violence support organisation.
The immigration tribunal can also consider any relevant evidence including your personal testimony as set out in the case of Ishtiaq v SSHD  EWCA Civ 386.
For further advice and information as to what protection you can gain as a victim of domestic violence, please contact us to speak to one of our London family solicitors who can advise you on the options available to you. Information about what orders can be obtained to protect you are at the following link.
At MFI Law Limited Solicitors, our Immigration Solicitors are passionate about the work they do on behalf of their clients. They are able to deal with matters under the domestic violence category of the Immigration Rules. Whether it is an application for entry clearance or leave to remain, our Immigration Solicitors can help you.
Our Immigration Solicitors have the experience and expertise to handle any applications concerning British citizenship and nationality. At MFI Law Limited Solicitors, we will endeavour to ensure that your application is prepared carefully in accordance with the relevant British nationality laws and is submitted to the Home Office in a timely manner.
How we can help you
For a majority of our immigration matters, we charge a fixed fee.
It is our usual practice to require any fees that are payable for work to be done on your behalf to be paid in advance before any work is carried out. This means that you must pay before any work is started, including applications that need to be submitted to the Home Office or for any appeals that need to be lodged with the First‐tier Tribunal.
However, we do understand that not everyone will be able to pay in this manner. That is why we offer flexible payment options for individual clients.
For a confidential consultation to speak with us about how we can help you about your immigration matter, please call us on 0208 679 5100 or alternatively, on 07724 513 822 or send us an email.
We are happy to discuss your immigration matter with you over the telephone initially so that you can decide before what you want to do or how you wish to proceed. If you are interested in seeking more information and/or advice and want to see us for an appointment in person, we ask for an initial payment on account of £150.00 to be made in advance to us after which an appointment is arranged with one of our Immigration Solicitors.
If you do instruct us and proceed ahead with the making of any application or appeal, this initial payment will be taken off the cost of the matter that we deal with on your behalf. However, in the event that you do not proceed and instruct us on any matter, then the initial payment will cover the cost of the appointment and will be non‐refundable.