UK Immigration: Indefinite Leave to Remain for Victims of Domestic Violence

Aschfords Law has an experienced Immigration team, well versed in assisting people from all walks of life secure leave to remain in the UK- including victims of domestic violence. This article will shed light on the immigration routes available for victims of domestic violence who are in the UK and wish to obtain leave to remain in their own right and not be dependent on their abusive partner.

What is domestic violence?

Domestic violence is not just physical violence it also includes coercive, controlling and threatening behaviour. Domestic abuse includes psychological, sexual, financial and emotional abuse.

Domestic violence is not just violence between men and women, but abuse between two people (regardless of their gender) who are partners or family members.

Partner of a British citizen

Persons with a UK Spouse Visa or leave to remain as the partner of a British national or partners of someone settled in the UK can apply for Indefinite Leave to Remain (ILR) in the UK if their relationship has permanently broken down due to domestic violence. To apply for ILR under this route you do not need to be married to the abusive partner, applications from unmarried partners are allowed, as long as you have leave to remain in the UK on that basis. You can apply for ILR as a victim of domestic violence even if your visa has expired, however, you should seek to regularise your stay as soon as possible.

In order to secure Indefinite Leave to Remain as a Victim of Domestic Violence the applicant will need to show -among other requirements- that they are in the UK and their relationship with their partner has permanently broken down due to domestic violence. The domestic violence does not need to have been perpetrated by the applicant’s partner, it could have been perpetrated by another family member e.g. parents in law.

Support workers and legal representatives are best placed to help with obtaining evidence of domestic violence. Proof of domestic violence could include (but is not limited to) medical reports, police reports, injunctions ordered by the court and letters from social services or domestic violence organisations.

The application fee for ILR as a victim of domestic violence is £2389. Therefore, applicants can apply for a fee waiver if they do not have sufficient funds to pay the Home Office fee.

The Home Office have acknowledged that when people leave their abusive partners, they may be destitute and unable to afford new accommodation. Especially if the abusive partner is controlling their finances. Therefore, in 2012 the Home Office introduced the Destitute Domestic Violence Concession- this gives applicants three months leave outside the rules and access to public funds. The Concession gives applicants access to financial support and accommodation whilst they prepare their application for Indefinite Leave to Remain as a Victim of Domestic Violence. 

Once an application for indefinite leave to remain in the UK has been submitted, the Home Office aims to issue a decision within six months.  If you have valid leave to remain in the UK, the conditions of your leave (e.g right to work) will continue whilst your application is pending.

Partner of an EEA national

If you are the partner of an EEA national and your relationship breaks down due to domestic violence you may apply for permanent residence if you or your ex-partner have lived in the UK for five years or more. You may also apply for a right to reside as the parent caring for the child of an EEA worker or retained rights of residence.

Options if you do not have any status in the UK

If you do not have any status in the UK, you may make an application for leave to remain based on your human rights e.g. your family and private life - especially if you have children in the UK-, long residence or leave outside the rules due to compassionate circumstances. It would be worth having a consultation with an Immigration Solicitor to assess which type of leave to remain is most suitable for you in light of your circumstances.

If you need a UK Immigration Lawyer and need assistance with any aspect of UK immigration law whether from inside the UK or from overseas, contact Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law (including divorce proceedings), Wills & Probate, Litigation, Landlord & Tenant.  You can contact Aschfords Law on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

 

Protect Your Finances with A Pre-Nuptial or Post-Nuptial Agreement!

Pre-nuptial and post-nuptial agreements can be quite daunting and unromantic for soon to be married couples and newly married couples. However, it is important for both parties to carely consider what options are available to protect their financial assets before embarking on marriage.

One of the most common issues in divorce proceedings is how assets will be split between the ex-spouses, this is where pre- and post-nuptial agreements can make the situation easier.

What Are Pre- and Post-Nuptial Agreements?

A pre-nuptial agreement is an agreement entered into before marriage by both partners. The agreement provides a plan for what the couple will do with their finances and assets in the event that their marriage breaks down.

A post-nuptial agreement is a similar agreement entered into after the marriage has taken place.

What can Pre- and Post-Nuptial Agreements cover?

These agreements can cover a wide range of assets, commonly they set out what should happen to your property, savings, pension, family heirlooms, debts and any assets bought during the marriage.

Are pre-nuptial or post- nuptial agreements legally binding?

In England and Wales, pre-nuptial and post-nuptial agreements are not legally binding, however, the Court has a duty to take them into account when deciding how assets should be divided in the divorce. Often a pre/post-nuptial agreement will be persuasive to the Court.

At the divorce stage, the Court will consider whether the agreement made between the parties is fair for them and their children. Therefore, it is very important that before entering into such an agreement both parties obtain independent legal advice from separate solicitors. This is to help ensure that both parties understand the implications of the agreement.

When deciding whether to uphold a pre-nuptial or post-nuptial agreement the Court will need to be satisfied that neither party was under duress or undue influence. Due to this, it is ideal to consult a solicitor for legal advice at least three months before your wedding.

Why get a pre-nuptial or post-nuptial agreement?

It is a common misconception that pre- and post-nuptial agreements are only for celebrities or high-net worth individuals. The reality is that such agreements can benefit a wide range of couples- especially young professional couples without children who have accumulated savings from their earnings or parents. Such agreements are especially ideal for people who wish to protect inherited family heirlooms that have been passed down over many generations.

Pre- and post-nuptial agreements may also be ideal for couples who have been married before and wish to ring fence their assets for their children.

Who can I contact for legal advice?

If you need a U.K. family lawyer and need assistance with any aspect of U.K. divorce law, contact Aschfords Law in Harrow, London. We have experience in offering specialist advice in respect of all family matters and have insight to make the process as smooth as possible. We also provide legal advice and assistance in respect to Wills & Probate, UK Immigration Harrow, Matters related to Children, Litigation, Landlord and Tenant.

Please contact us today on: +44 (0) 7582932830, 020 3002 9147. Or visit our website at https://www.aschfordslaw.com/ 

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10 Points To Consider When Thinking Of Litigating

• Do you have a good case?

• Have you made a final demand in connection with your dispute?

• Have you tried to settle the dispute by compromise?

• Will you be able to collect a judgment if you win?

• Do you have the money to pay a lawyer to handle the lawsuit?

• Do you have the time and resources to devote to a lawsuit?

• Are you within the applicable "statute of limitations"?

• where will you be able to sue jurisdiction?

• Is your claim small enough to bring in "small claims" or "High court”?

• If you bring your claim in small claims or high court, will you represent yourself? - Get some legal advice and guidance to it.

If you require a solicitor for assistance with any of the matters whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation, Landlord & Tenant and UK immigration lawyer Uxbridge.

Please contact us today on +44 (0) 7582932830 or visit our website on, www.aschfordslaw.com