This category is for people who have limited leave to enter or remain, or have an extension of stay, in the UK as the spouse, unmarried partner, registered civil partner or same-sex partner of a British citizen or person present and settled in the UK
This UK immigration category is designed for individuals who are currently in the UK either as a spouse, unmarried partner, civil partner, same-sex partner of a British or settled person in the UK whose relationship has broken down irretrievably as a result of domestic violence to remain in the UK.
Individuals who are currently in the UK as partners of British or settled persons are able to remain in the UK if they've have been subject to domestic violence and have had their relationships, the basis upon which they are in the UK broken down. The government of the UK has allowed a probationary period of leave for the purpose of granting ILR to the victim of domestic violence.
Domestic violence refers to any incident of threatening behavior, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. Adult refers to an individual who is aged over 18 years. Family members refer to mother, father, son, daughter, brother, sister, and grandparents. Injury on the other hand refers to harm inflicted on a person by another person.
Individuals applying under this route do not need to meet the knowledge of language and life in the UK as they most likely would have met these requirements in their initial visa application on the basis of their relationship with their partner.
Importantly, applicants who are destitute may be excluded from paying the application fee for their Indefinite Leave to Remain application. They would however need to prove this (that they are destitute).
Please note that if an applicant fulfills all the requirements for settlement, they will be granted ILR in accordance with D-DVILR.1. Where an application was rejected on the basis of an unspent conviction, they will be granted further leave to remain rather than an ILR for a maximum period of 30 months.
|This enquiry has been dealt with privately by one of our immigration solicitors
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