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/ 

UK Immigration Harrow, London

Immigrate to another country is not a difficult one, but we need an Immigration expert or lawyer for it. Also choosing the right and relevance UK Immigration Harrow is not a hard job.UK is one of the greatest places to immigrate to, with its high-quality living and stable lifestyle.

 

Choosing the best Immigration lawyer Harrow will help you save time and minimize your task too. Experts state that these professional immigration agents are well-versed and have ample practical knowledge on how to deal with such legal matters with ease. Thereby seeking the help of such proficient individuals is highly important

 

 

We are one of the best UK Immigration lawyer providing specialist advice in immigration, Divorce, Spouse Visa and Wills and Probate law. Our UK immigration lawyer Uxbridge and Gurkha Immigration lawyers are committed to providing a high quality and comprehensive service for corporate and individual clients, covering a full range of applications to enter or remain in the U.K. We have a dedicated department dealing specifically with high net worth clients and provide best services.

We are reliable, affordable immigration lawyers. We are a team of experienced immigration lawyers that care about your future. Call us on +44 (0) 20 3002 9147. We're here to help you in person, via the phone or online.

 

In Which Situations You Need An UK Immigration Lawyer

How you would select a best lawyer for you in the United Kingdom, In many situations when you need an immigrant advisor to resolve your issues. Let's suppose you are in India and wants to apply for the visa or green card UK. You can apply family visa without getting help from another, but chances increase to reject your visa by the tribunal court, because it is not your perfection. So, according to us, you should consult with the best UK Immigration Lawyer, which provide you every information about the visa processing time, application, documents.

Are you interested to apply for a visa or green card UK? Let's You exit your first step successfully, but your problem begins when your visa procedure will be rejected by the other one for any mi nude reason, now this time you realize your mistake and think about the expert. No matters, if you are not success during your first chance, know the reason of visa rejection. A good lawyer always speaks to the clients that valid documents need when you applied for the UK visa. Let's a example of Individual man A and B, A is applying for the visa, but they don't want to take any advice or suggestion from the experts. B follows the same process to apply, but they get advice from a specialist. Now, what condition should be rise at this time. People pointing about both on him, but they don't know what happen in the real. Both are in the same condition, but B is pay money for the visa and his visa is approved by the court earlier. On the other hand, A which applied for the visa two cases should be happen, In case first may be his visa approve by the court, if they follow all the rules and regulation properly, but may be reject, if they are unable to fill correct application form. Immigration Appeal Lawyer UK, so clients always go with the best solicitors, which provide green card or visa quickly without any interruption. So after read the above articles, what would you decide first. Contact us and apply for

1- Student Visa

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4- Spouse, Work & finance Visa

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UK Immigration Harrow, London

If you are confused about the visa process or the type of visa you need to stay or move in the UK, contact expert immigration solicitors at Aschfordslaw. Whatever the kind of immigration services you are looking for, we are perfect to assist you, so to contact UK immigration Harrow London, call us today.

Aschfordslaw Memories:

Aschfordslaw, a renowned firm with Immigration lawyer London, took this incredible picture while celebrating contribution of Sikh Regiment to the British Army at British Army Campus.

Immigration Lawyer London

Immigration Lawyer London

A Live show on Zee TV Sky Channel was held and the topic to discuss was

Latest Development on UK Immigration Law.

UK Immigration Lawyer

10 Points To Consider When Thinking Of Litigating

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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

Meet Shalini V Bhargava - UK Immigration Lawyer, Harrow

Exploring your way through the lawful procedure can be a confusing & an on anxious time. At Aschfords Law the ethos is to help customers by offering direction & listening to concerns while working towards the most ideal result.

Shalini, UK immigration lawyer Harrow, the organizer of Aschfords Law is a Solicitor with over ten years experience in private UK Immigration Law. She likewise has experience in Criminal & Family Law. Shalini is enthusiastic about doing the best for her customers & guarantees that each customer is catered for with the most ideal alternative & result. Shalini, was named in the Asian Who's Who 2011 in the U.K, & is likewise a consistent visitor on Zee TV Sky Channel 788 show in the U.K & Europe giving migration guidance to its viewers.

She has confidence in giving a legitimate administration that is straightforward & transparent & that achievement accompanies customer fulfillment. She is an individual from the Law Society of England & Wales.

The point of Aschfords Law is to offer the quality administration of a city firm, however with the individual methodology of a nearby firm. Customer fulfillment is imperative & Aschfords Law is extremely specific about giving customers the right guidance and helping them to spare cash if they can. It sounds self-evident, but on the other hand it's so imperative to treat individuals like people & not simply case file numbers.

As well as specialising in U.K Immigration, Aschfords Law additionally offers lawful exhort in Family Law , Wills and Probate and Landlord and Tenant question.

If you have lawful needs & need to manage a firm who have your best advantages on a fundamental level then get in touch with us today for an interview about your case.

For more information, visit: http://www.aschfordslaw.com/