Eligibility for ILR (Indefinite Leave to Remain) Application

You may be eligible to apply for ILR (Indefinite Leave to Remain) if you held a spouse or partner visa and your relationship ended due to domestic violence. This particularly applies if your visa was based on a partner who is a British citizen, settled in the UK, an EU national with pre-settled status, or has refugee status.

If your abusive relationship has ended, resulting in a change to your visa status, it is important to inform the Home Office immediately. This is crucial for protecting your leave to remain and accessing necessary support.

This special settlement route serves as a vital pathway for domestic violence victims, offering safety and independence.

Comprehensive Definition of Domestic Violence in the UK

The Home Office has recently issued new guidance that significantly expands the definition of domestic violence, taking a step further in victim protection. This new definition adopts a broad concept that encompasses various forms of abuse, not limited to physical violence alone.

Of particular note is the specific definition of 'coercive' and 'controlling' behaviour. Coercive behaviour includes assault, threats, humiliation, and intimidation, whilst controlling behaviour is defined as a series of acts designed to make a victim subordinate or dependent.

The categories of domestic violence now include not only physical abuse but also emotional, psychological, sexual, and financial abuse, as well as harassment and stalking. Notably, the definition explicitly includes online and digital abuse, reflecting the digital age.

Recognition of Specific Forms of Domestic Violence

The UK also recognises specific forms of conduct as domestic violence, including forced marriage, honour-based violence, dowry-related abuse, and 'transnational marriage abandonment'. The latter refers to the practice of abandoning or stranding a visa-dependent partner abroad, an important measure to protect immigrant victims.

Expansion of the Scope of Domestic Violence

This new definition specifies that domestic violence is not necessarily directed only at the victim but may also be directed at children or other family members. This is a significant advancement in including indirect victims of domestic violence as subjects of protection.

The equal treatment of psychological and physical abuse is an important change that recognises the severity of invisible violence.

This comprehensive definition will serve as a crucial foundation for establishing legal and social frameworks to more effectively protect and support victims of domestic violence. These efforts by the UK government can be seen as part of ongoing efforts to recognise and respond to the complexity and diversity of domestic violence. It is expected that this will allow more victims to receive protection and have the opportunity to escape abusive relationships.

Evidence for ILR Application

The submission of evidence is a crucial process for victims of domestic violence applying for Indefinite Leave to Remain (ILR) in the UK. However, the Home Office recognises the difficulties victims may face in this process and has adopted a flexible approach.

There is no specific evidence that must be submitted when applying for ILR. Instead, all information and evidence are assessed 'in the round'. This approach considers the unique circumstances of each case and acknowledges the diverse situations victims may find themselves in.

Evidence can be broadly categorised into 'conclusive evidence' and 'other evidence to be considered'. Conclusive evidence may include criminal convictions related to domestic violence, police cautions, final orders from civil courts, Multi-Agency Risk Assessment Conference (MARAC) referrals, and Crown Prosecution Service (CPS) decisions to charge in relation to domestic violence. Such evidence is considered to strongly support the occurrence of domestic violence.

However, recognising that many victims may struggle to provide 'conclusive evidence', the Home Office also considers various forms of 'other evidence'. This may include letters from social services, assessment letters from domestic violence support organisations, statements from independent witnesses, and reports from medical professionals. Such evidence can support the victim's experiences and help to better understand their situation.

Assessment Approach When Evidence is Limited

Notably, the Home Office acknowledges that some applicants may only have limited evidence available. In such cases, the reasons for the lack of evidence are considered, and the applicant's statement is examined for sufficient detail and consistency. This approach takes into account the nature of domestic violence, which can make it difficult for victims to obtain formal evidence.

This flexible approach to evidence assessment provides more opportunities for domestic violence victims to safely remain in the UK. The evidence submission process for ILR applications is victim-centred and designed to consider each individual's circumstances. This reflects the UK government's commitment to protecting and supporting victims of domestic violence and is an important policy aimed at helping more victims lead safe and stable lives.

ILR Application for Victims of Domestic Violence and Their Minors

The Home Office, recognising the severe impact of domestic violence on both victims and their children, has established a route for domestic violence victims to apply for visas with their children.

The requirement for including children in domestic violence visa applications varies depending on circumstances. Generally, dependent children from a previous partner can be included in the application if they meet the necessary criteria. Furthermore, applications are possible even if the former partner is not the child's other parent, subject to specific conditions. These conditions may include the death of the other parent, the applicant having sole responsibility for the child's upbringing, or compelling reasons for the child to remain in the UK.

The eligibility requirements for children are clearly defined. They must be under 18 years old and hold a valid UK visa. They must also be able to demonstrate appropriate support and accommodation. For children aged 16 to 18, they must be unmarried and not living independently.

There are also provisions for children over 18. If they have been granted leave to remain in the UK as dependants, they may be eligible for settlement. However, they must meet the same eligibility requirements as dependants under 18.

Benefits of ILR Approval

Upon approval of an Indefinite Leave to Remain (ILR) application for victims of domestic violence, applicants can enjoy various benefits that support a stable and independent life in the UK:

1. Freedom to work and start a business, providing a foundation for economic independence.
2. Access to educational opportunities, allowing for skill acquisition or improvement and better career prospects.
3. Access to public services, particularly healthcare, which is crucial for physical and mental recovery from domestic violence trauma.
4. Eligibility for financial support and retirement planning, ensuring long-term economic stability.
5. Opportunity to apply for British citizenship, offering full participation in UK society.

These benefits provide a strong foundation for victims of domestic violence to overcome past difficulties and start a new life. This demonstrates the Home Office's comprehensive approach, which goes beyond merely granting leave to remain, to support victims in leading safe and independent lives. Through this, victims have the opportunity to realise their potential and grow into valuable members of UK society.

Response Strategies for ILR Refusal for Domestic Violence Victims

When a domestic violence visa application is refused, many applicants may feel despair. However, the UK immigration system offers several options to address such situations:

1. Administrative Review: This can be utilised when it's believed there was an error in the Home Office's decision-making process. To request an administrative review, you must complete a specific form, detailing the grounds on which you believe the decision was incorrect, and submit supporting evidence. Another caseworker within the Home Office will then re-examine the case, and if an error is found, the original decision may be overturned.
2. Judicial Review: This option is available after an unsuccessful administrative review. Judicial review involves challenging the legal basis of the visa refusal in the Upper Tribunal. This process addresses issues in the decision-making procedure or unlawful decisions. As judicial review is a complex legal procedure, it is strongly recommended to appoint a professional legal representative. Specific grounds for review, such as breaches of immigration law or failure to consider crucial evidence, are required. If successful, the original decision may be overturned or reconsidered.
3. Application for a Different Type of UK Visa: If a domestic violence visa is refused, it doesn't mean all hope is lost. Depending on individual circumstances, you may consider applying for a work visa, student visa, or other suitable visa options. Each visa type has different requirements and pros and cons, so it's important to choose the option most suitable for your situation.

These response strategies each involve complex procedures and considerations. Therefore, regardless of which option you choose, it is crucial to seek expert advice. The assistance of an immigration law specialist or certified immigration advisor can increase your chances of selecting and successfully implementing the most appropriate strategy for your situation.

A refusal of a domestic violence visa application does not mean the end. The UK immigration system provides various response options, through which many applicants can find new opportunities. The important thing is not to lose hope, seek appropriate advice, and continue to strive for your rights. Remember that the ultimate goal of this system is to enable victims of domestic violence to lead safe and stable lives, and various measures are in place to achieve this.