Domestic abuse is a serious issue that no one should have to endure. If you are in a situation where you are on a marriage visa and you are experiencing domestic abuse, it is important to know your rights and understand the steps you can take to protect yourself and your family. This post will provide information on what to do in the event of domestic abuse on a marriage visa.

What is Domestic abuse / domestic violence?


Domestic abuse is defined as a pattern of coercive, threatening, and controlling behaviour used by one partner against another in an intimate relationship. It can occur in any form of intimate relationship, including marriage, cohabitation, and same-sex relationships. Domestic violence is a form of domestic abuse that includes physical, emotional, and/or sexual violence.


The consequences of domestic violence include increased risk of depression and anxiety, low self-esteem, feelings of helplessness and hopelessness, and even suicide. Victims may also experience physical injury, economic hardship, loss of employment, and long-term psychological trauma.


Domestic abuse and domestic violence are serious issues that should not be taken lightly. Victims of domestic violence on a marriage visa are especially vulnerable, as they are unable to leave the country easily due to immigration laws. It is important to address this issue in order to ensure the safety and wellbeing of these victims.

The dynamics of domestic violence in a marriage visa


Domestic violence is a complicated issue and the dynamics of it in a marriage visa situation are especially complex. This type of abuse is often hidden, making it difficult to identify. In addition, there may be a power imbalance due to the visa situation, which can further complicate the situation.


One of the main issues is that many victims of domestic violence in this type of situation may feel like they have nowhere to turn for help. They may feel like they are dependent on their abuser and unable to leave the situation due to their visa status. This can lead to feelings of helplessness and vulnerability for the victim.


Another factor is that immigration laws can often be confusing, and victims of domestic violence in this type of situation may not understand what their rights are. This can leave them feeling overwhelmed and unsure of how to proceed. Furthermore, victims may feel like they are at the mercy of their abuser because they do not want to lose their visa status. This creates an even greater sense of powerlessness and fear.


It is important to understand the dynamics of domestic violence in a marriage visa situation in order to provide the best possible support for those affected. It is essential that victims know they have rights and access to resources that can help them through this difficult situation. Knowing what their rights are, having access to support services, and understanding the risks associated with staying in an abusive relationship are all key factors in helping victims get out of these situations safely.

 

Can you apply for indefinite leave to remain on the basis of domestic violence?

You may be able to apply for indefinite leave to remain in the UK if your relationship has broken down because of domestic violence or abuse. Apply for indefinite leave to remain as soon as possible after the relationship breaks down. Do not wait until your current visa expires.


The Domestic Violence Rule allows applicants who are in the UK on a marriage visa to apply for ILR if they can demonstrate that their relationship has broken down as a result of domestic violence.
In order to be eligible, you must meet the following requirements:

  • You must have been in the UK on a valid marriage visa for at least two years.
  • You must have experienced domestic violence or abuse in the form of physical, psychological, sexual, financial or emotional harm at the hands of your partner.
  • You must provide evidence of the domestic violence or abuse in the form of medical reports, police reports, and witness statements.
  • You must demonstrate that your relationship has permanently broken down because of domestic violence or abuse.
    If you can demonstrate all of these conditions, then you may be eligible to apply for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule.

 

 

Fees for the ILR application under the Domestic Violence Rule


The fees for applying for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule are different from those applicable for a regular ILR application. It is important to understand these fees in order to make an informed decision about whether this option is suitable for you.


For applicants who are in the UK on a marriage visa and have suffered domestic abuse, the Home Office will waive the fee of £2,389 for the ILR application. This fee is applicable to individuals who have been granted leave to remain on the basis of a marriage or civil partnership and then later experienced domestic violence.


This waiver applies only to the fee for ILR and not to any other fees that may be associated with the application. For instance, if you wish to obtain a decision in writing from the Home Office, you will still need to pay the fee of £55. Similarly, if you wish to obtain a proof of your identity and biometric information, you will need to pay the standard fee of £19.20.


It is also important to note that, while the Home Office may waive the fee for ILR, they will still assess your application in full and may refuse it if they find that it does not meet the requirements of the Immigration Rules. Therefore, it is essential to make sure that your application is as strong as possible and that you provide all the necessary supporting documents.

 

CGM is a corporate immigration application for expats, sponsoring companies and business immigration advisors. Feel free to contact us on 0300 000 000 or send us an email if you have any questions.

 

Processing time for the ILR application under the Domestic Violence Rule


When applying for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule, you should be aware that there is usually a longer processing time than normal applications. This is because of the complexity of the application and the fact that the Home Office will take additional steps to protect the applicant’s safety and security.


The exact processing time for an ILR application under the Domestic Violence Rule will depend on a number of factors, including the type of visa that the applicant currently holds, and the complexity of their case. However, as a general rule of thumb, applicants can expect their application to take between 6-12 months to process.


In order to speed up the process, applicants should ensure that they provide all necessary documents and information at the time of their application. They should also keep in contact with the Home Office throughout the process and promptly respond to any requests for additional information.


It is important to remember that, while this process may take longer than a regular ILR application, it is essential that those affected by domestic violence have access to an immigration route that will allow them to remain in the UK safely and legally.

Document requirements for the ILR application under the Domestic Violence Rule


When applying for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule, there are a number of documents that you will need to provide as evidence of your eligibility. The Home Office requires that you provide proof of your identity and immigration status. This includes a valid passport or other acceptable travel document and any previous Home Office letters or documents such as a Biometric Residence Permit.


You must also provide evidence of your relationship with your sponsor, who must have been in the UK for at least two years on a valid visa. This could include a marriage certificate or evidence of cohabitation, such as tenancy agreements or joint bank statements. You must also provide evidence of domestic abuse from your partner, such as police reports, medical evidence, witness statements or other documentary evidence. If the abuse was perpetrated by someone else, you must provide evidence of their identity and relationship to the victim.

By providing a complete application form and the applicable fee. The fee can vary depending on your circumstances, so it is best to check with the Home Office for up-to-date information.

Evidence that your relationship has broken down because of domestic violence


It is important to provide evidence that your relationship has broken down because of domestic violence if you are applying for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule. Evidence that the relationship has broken down due to domestic violence can include:

  1. Police records and any other reports from the authorities showing you have been a victim of domestic violence.
  2. Medical records showing that you have been physically injured as a result of the abuse.
  3. Photographs or videos of physical injuries or property damage caused by the abuser.
  4. Statements or affidavits from witnesses who have seen or heard the abuse.
  5. Evidence of any legal proceedings related to the abuse such as criminal or civil orders, or court judgements.
  6. Records of counselling or therapy sessions you have attended because of the abuse.
  7. Records from social services, doctors, or mental health professionals confirming the abuse.
  8. Emails, texts or other electronic records demonstrating threats, intimidation, or control by the abuser.
  9. Evidence of any financial abuse such as bank statements showing payments you have been forced to make, or any evidence of control of your finances by the abuser.

If you are unable to provide any of the above evidence, it may be possible to submit an affidavit detailing your experience of domestic violence as well as any corroborating evidence that supports your account. It is important to note that this evidence must demonstrate that your relationship has broken down due to domestic violence in order to qualify for ILR under the Domestic Violence Rule.

Applying for a Domestic Violence visa with children


When it comes to domestic abuse in a marriage, the vulnerability of the victims is significantly increased if they have children. Applying for a Domestic Violence visa (DV) can be the first step towards ensuring the safety of the victim and their children. DV visas are available to individuals who have experienced domestic violence or abuse while in a relationship with someone on a marriage visa.


To qualify for a DV visa, applicants must provide evidence of their relationship breakdown due to domestic violence and abuse, as well as evidence of any relevant criminal proceedings against the perpetrator. When applying for a DV visa with children, applicants should include evidence that the children have been affected by the domestic violence or abuse.


The UK Visas and Immigration department requires the following documents when applying for a DV visa with children:
• The applicant’s passport
• A copy of their marriage certificate
• Evidence that the marriage has broken down due to domestic violence or abuse
• Evidence that the children have been affected by the domestic violence or abuse
• Any relevant criminal proceedings against the perpetrator

Applicants should also provide information about their immigration history and any other information that might be relevant to the application. Once all documents have been submitted, applicants will receive an acknowledgement of their application. The UKVI then makes a decision on whether or not to grant the visa. If successful, the applicant and their children will be granted a two-year temporary visa, which can be extended if necessary.


It is important to note that the DV visa cannot be used to settle permanently in the UK and is designed solely to protect the victims of domestic violence or abuse in a marriage visa. Therefore, it is vital that applicants make sure that all documents submitted are accurate and up-to-date. If approved, this visa will enable victims to remain in the UK with their children until they are ready to move forward with their lives.

Supporting evidence for children included in the application


When applying for a Domestic Violence visa under the Domestic Violence concession rules, applicants must provide evidence to demonstrate that their children have been affected by domestic violence. This evidence may include medical records of physical or psychological injuries inflicted on the child, police reports, social services reports, court orders and witness statements.


Additionally, evidence of how the child has been affected by the abuse should be provided. This could include written testimony from friends, teachers, counsellors or any other persons who have witnessed the abuse or its effects on the child.


Applicants should also provide a full explanation of why the child cannot be returned to their country of origin and why it is not in their best interests to do so. It is important that applicants make sure that their explanation is as detailed as possible, providing evidence to support all statements made.


Finally, if the applicant has evidence of an intention to abuse a child in their home country, this should be included in their application. This could include police or court reports showing past incidents of abuse or intent to abuse a child. Any evidence should be provided in its original form, with copies of any documents available.

 

CGM is a corporate immigration application for expats, sponsoring companies and business immigration advisors. Feel free to contact us on 0300 000 000 or send us an email if you have any questions.

What happens after applying for domestic violence ILR?


Once you have applied for indefinite leave to remain (ILR) under the Domestic Violence Rule, you will receive a decision from the Home Office within 8 weeks. If your application is successful, you will be granted ILR and you will no longer need to renew your visa.


If your application is refused, you will receive a letter detailing the reasons why. You can appeal this decision and request an administrative review of the decision. Alternatively, you may be eligible to apply for a different type of visa, such as a family visa or Humanitarian Protection.


It is important to note that if your ILR application is refused, you must leave the UK within 28 days of receiving the decision letter. However, if you have children who are British citizens or have ILR in their own right, you may be able to stay in the UK under a different visa category.


Once you have been granted ILR under the Domestic Violence Rule, you will be allowed to stay and work in the UK indefinitely and will no longer be subject to immigration control.

Staying in the UK if your relationship ends because of domestic violence


If you are a visa holder in the UK and your relationship ends because of domestic violence, there are several options available to you to help you stay in the UK.


The UK government has introduced the Domestic Violence Rule which allows individuals on marriage visas who have experienced domestic violence to apply for Indefinite Leave to Remain (ILR). Under this rule, if you can demonstrate that your relationship has broken down due to domestic violence, you can apply for ILR without needing the consent of your partner.


You may also be eligible to switch to another visa category, such as a ‘sole representative’ visa, or you may be able to submit an application under the 10-year route or Long Residence concession.
Additionally, you can apply for asylum if you fear persecution in your home country. You must prove that you face a real risk of harm if you return.


In any case, it is important to get advice from an immigration lawyer as soon as possible to understand your options and determine the best course of action.

 

How we can help

CGM App is an end-to-end immigration app, designed to make immigration and global mobility seamless. It is designed specifically for expats, sponsoring companies, and immigration consultants globally.

Visit cgmpartners.org.uk/register for more information.

 

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