Under the UK Immigration Rules, a person whose relationship with their spouse or partner has irretrievably broken down as a result of domestic abuse may be eligible to apply for indefinite leave to remain (ILR), commonly known as settlement. This route is available to eligible applicants who were granted permission on a relevant partner or family route.
Domestic abuse is not confined to physical violence. It may include emotional, psychological, sexual or economic abuse, as well as threatening behaviour, coercive behaviour and controlling behaviour. The important issue is not simply that the relationship has ended, but whether it has permanently broken down because of domestic abuse.
There is no single, prescribed item of evidence that every applicant must provide. The Home Office considers the applicant’s account and all supporting material as a whole when deciding an application.
What must an applicant show when applying for ILR as a victim of domestic abuse?
An applicant must first demonstrate that they hold, or most recently held, permission to stay under an eligible immigration route. They must then show that their relationship with their spouse, civil partner, unmarried partner or other qualifying partner has permanently broken down as a result of domestic abuse.
For an in-country application, the Home Office considers whether it is more likely than not that the relationship permanently broke down because of domestic abuse. This is known as the balance of probabilities standard.
It is therefore important that the application form and supporting personal statement give a clear chronological account. This should explain how the relationship began and developed, when the abuse started, how it escalated or continued, why the relationship could not be repaired, when separation occurred, and the effect on the applicant, any children and their present circumstances.
How is domestic abuse defined?
Domestic abuse is not limited to an assault, physical injury or other visible harm. It can take many forms and may involve a pattern of behaviour intended to intimidate, isolate, control or undermine a spouse or partner.
For example, domestic abuse may arise where a spouse or partner repeatedly humiliates, insults or threatens the applicant; prevents them from speaking to family members or friends; controls their money, bank account or access to essential living costs; threatens to cancel their visa or have them removed from the UK; or withholds their passport, biometric residence permit or immigration documents.
Depending on the circumstances, domestic abuse may also include forced marriage, so-called honour-based abuse, abuse connected with dowry demands, sexual abuse, financial control, coercive behaviour and controlling behaviour.
What is transnational marriage abandonment?
Transnational marriage abandonment describes a form of domestic abuse in which a person is taken or left outside the United Kingdom by their spouse or partner and is then prevented from returning to the UK.
This may occur where a spouse or partner retains the applicant’s passport or travel documents, withdraws financial support, refuses to provide a return ticket, prevents access to their visa documents, or threatens that the applicant will face immigration consequences if they attempt to return to the UK.
A person who has been abandoned abroad may be able to make an application from outside the UK under the relevant domestic abuse provisions. In such cases, it is important to explain clearly the circumstances in which the applicant was left abroad, why they were unable to return, the nature of any control, threats or financial restrictions imposed by the spouse or their family, and whether the applicant has been separated from any children.
Can abuse of a child be relevant?
Yes. An applicant may be able to rely on abuse directed at their child, or another member of the household, where that abuse caused the relationship to permanently break down. The applicant does not necessarily need to have been the direct victim of physical violence in order for the circumstances to be relevant.
The safety and welfare of the child will be particularly important. Where available, supporting material may include records from a school, nursery, GP surgery, hospital, local authority, social services, children’s services or the police.
Where there was no formal report at the time, or where records cannot be obtained, the applicant should explain why reporting was difficult and what steps were taken to protect the child.
How does the Home Office assess evidence of domestic abuse?
The Home Office does not normally decide an application by looking at one document in isolation. Instead, it considers the applicant’s account and all available evidence cumulatively. This is often described as assessing the evidence “in the round”.
Police reports, medical records, court orders, letters from support organisations, statements from relatives or friends, text messages, emails and the applicant’s own detailed statement may all be relevant. Each item may support and strengthen the other evidence.
A police report or police attendance does not automatically establish that domestic abuse occurred. Equally, the absence of a criminal conviction, police report or court order does not automatically mean that an application will be refused. The Home Office should consider the credibility, detail and consistency of the applicant’s account, the extent to which the evidence supports it, and the reasons why evidence may be limited.
What evidence may support an application?
The evidence available will depend on the applicant’s individual circumstances. Relevant material may include police incident logs, crime reference numbers, statements made to the police, risk assessments, medical records, GP letters, hospital reports, mental-health treatment records, counselling notes and photographs of injuries.
Evidence may also be obtained from domestic abuse support organisations, refuges, counselling services, local authorities, social services, schools, children’s services and Independent Domestic Violence Advisers (IDVAs). Such evidence may help to establish the applicant’s account, the effects of the abuse and the support sought.
Communications and records may also be relevant, including text messages, emails, social-media messages, call records, photographs, bank statements, travel records, flight bookings, passport-related documents and immigration papers.
Statements from relatives, friends, neighbours, employers, faith leaders or other people with direct knowledge of the circumstances can also assist. A witness statement is generally more helpful where it describes what the witness personally saw, heard or was told, when this occurred and how they came to know the relevant facts, rather than merely asserting that abuse took place.
What evidence can demonstrate that the relationship has permanently broken down?
Evidence which may strongly support the claim that domestic abuse occurred and caused the permanent breakdown of the relationship can include a criminal conviction connected to domestic abuse, a police caution, a court order containing findings or relevant observations about domestic abuse, or a charging decision by the Crown Prosecution Service.
Formal protective orders, including a non-molestation order or occupation order, may also be relevant where they address the circumstances of the relationship and the risk of abuse.
These documents can carry significant evidential weight, but not every victim will have obtained them. The absence of formal evidence does not in itself prevent a person from making a valid application. Moreover, the weight attached to a court order or criminal-proceedings document will depend on how specifically it addresses the alleged abuse and the reasons for the relationship breakdown.
Where possible, applicants should submit all relevant documents alongside a detailed and coherent personal statement.
What other evidence may be treated as evidence of domestic abuse?
A lack of criminal proceedings or a court order does not prevent an applicant from relying on other credible evidence. Letters or reports prepared by medical professionals, counsellors, social workers, domestic abuse specialists or refuge staff may provide independent support for the applicant’s account.
Where economic abuse is alleged, relevant evidence may include bank statements showing restricted access to funds, records of a sudden withdrawal of financial support, communications demonstrating control over spending, evidence of debt imposed by the partner, or documents showing control of the applicant’s income or assets.
Where the spouse or partner has used the applicant’s immigration status as a means of control, relevant evidence may include messages threatening visa cancellation, removal from the UK or reporting the applicant to the Home Office. Evidence that a passport, biometric residence permit or immigration documents were retained or withheld may also be important. Records showing that the applicant sought advice from an immigration adviser or support service may provide useful supporting context.
The applicant’s own statement remains central. It should cover the background to the relationship, the applicant’s entry to or residence in the UK, when and how the abuse began, specific incidents with dates and locations where possible, the effect on any children, attempts to seek help, reasons for not seeking help where applicable, and the events leading to separation and the permanent breakdown of the relationship.
What if there is no evidence or only limited evidence?
Victims of domestic abuse may be unable to report what has happened to the police, seek medical treatment or approach a support organisation because of fear, control or threats. An applicant may have left the family home quickly for their safety, leaving behind documents, a mobile telephone or a computer. In other cases, the abusive partner may have controlled the applicant’s passport, money, bank account, communication devices or immigration documents.
The Home Office does not prescribe a single mandatory list of documents that every applicant must submit. If evidence is limited, the applicant should explain fully why it is unavailable and describe the circumstances at the time.
For example, the applicant may have feared retaliation, been threatened with curtailment of leave or removal from the UK, been financially dependent on their partner, experienced language barriers, faced pressure from family or their community, feared for a child’s safety, been abandoned overseas, or been socially isolated.
Even where documentary evidence is limited, a clear and consistent personal statement, records of later counselling or support, detailed witness statements, communications, financial documentation and travel records may help to support the application.
What factors will be considered when assessing the evidence?
When assessing the evidence, the Home Office may consider whether the applicant’s account is detailed, consistent and credible; whether it corresponds with the supporting material; and whether the reason for limited evidence is consistent with the claimed circumstances of abuse.
The Home Office may also consider the nature, duration, frequency and seriousness of the abuse; the applicant’s financial, social and immigration dependence on the partner; language barriers; social isolation; the presence and welfare of children; and the circumstances following separation or the end of the relationship.
It is particularly important to show that the relationship did not simply end because of ordinary disagreements or mutual incompatibility, but that domestic abuse caused its permanent breakdown. Applicants should therefore provide a truthful, accurate and carefully structured account which connects the abusive behaviour to its impact on the relationship and on daily life.
Summary
An application for indefinite leave to remain (ILR) as a victim of domestic abuse is intended for eligible individuals whose relationship with their spouse or partner has permanently broken down as a result of domestic abuse. Domestic abuse is not limited to physical violence and may include emotional, psychological, sexual and economic abuse, as well as threats, coercive behaviour and controlling behaviour.
There is no fixed list of evidence required in every case. However, a detailed and consistent personal statement should be supported, wherever possible, by relevant documentation from the police, medical professionals, courts, local authorities, schools, social services, domestic abuse support organisations and people who have direct knowledge of the circumstances.
Where formal evidence is absent or limited, it is essential to explain clearly why reporting or obtaining evidence was difficult and to provide all available supporting information.
It can be difficult to determine what evidence should be prepared and how experiences of domestic abuse should be explained in an application for indefinite leave to remain (ILR). The evidence available may vary considerably depending on the applicant’s personal circumstances, safety concerns and the history of the relationship.
For professional advice and assistance with an application for indefinite leave to remain or any other UK immigration application, please contact us on 020 3865 6219 or leave us a message.