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Blackstone Law Associates

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. It allows those whose relationship has genuinely broken down, because they are the subject of domestic violence, during their probationary period of leave, to be granted indefinite leave to remain (ILR).

Domestic violence is classed as any incident of threatening behaviour, 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. An adult is someone who is 18 years or over.

Family members, whether directly related, in-laws or step-family, are defined as:

  • mother
  • father
  • son
  • daughter
  • brother
  • sister, and
  • grandparents.

The legal definition of injury is when any harm is done to a person by the acts or omissions of another.

Knowledge of language and life is not required under the victims of domestic violence rules. Applicants who can prove they are destitute are exempt from paying the application fee for indefinite leave to remain as a victim of domestic violence.

There is provision in section DVILR for partners of British Citizens and persons settled here who have been the victim of domestic violence during the probationary period to apply for indefinite leave to remain as a victim of domestic violence.

Requirements For ILR As A Victim Of Domestic Violence

The requirements to be met for indefinite leave to remain in the UK as a victim of domestic violence are that:

  • the applicant must be in the UK;
  • the applicant must have made a valid application for indefinite leave to remain as a victim of domestic violence;
  • the applicant must not fall for refusal under any of the grounds in Section S-LTR: Suitability-leave to remain; and
  • the applicant must meet all of the requirements of Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic violence.

In order to meet the eligibility requirements for indefinite leave to remain as a victim of domestic violence the requirements of paragraphs E-DVILR.1.2. to 1.4. must be met:

E-DVILR.1.2. The applicant’s last grant of limited leave must have been-

  • as a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen or a person settled in the UK;
  • granted to enable access to public funds pending an application under DVILR.; or
  • granted under paragraph D-DVILR.1.2.

The applicant must evidence that during the last period of limited leave as a partner the applicant’s relationship with their partner broke down permanently as a result of the partner’s domestic violence to meet the requirements of E-DVILR.1.3.

Granting ILR As A Victim Of Domestic Violence

If the applicant meets all of the requirements for indefinite leave to remain (ILR) as a victim of domestic violence the applicant will be granted indefinite leave to remain (ILR) in accordance with D-DVILR.1.1.

If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because the applicant has an unspent conviction the applicant will be granted further limited leave to remain for a period not exceeding 30 months under D-DVILR.1.2.

Need a legal advice?

UK immigration law is extremely complex and constantly changes. The UKVI has strict criteria relating to different types of visa. Therefore, it is essential you get the right legal advice from an expert UK immigration lawyer to make sure your application is successful, first time. We will guide you through every step of the process, putting you in the best place possible to get a good result.

Why choose Blackstone Law Associates?

Competitive Fixed Pricing

We offer a fixed price service, this means the price you are quoted does not change; We work on fixed fees basis unlike other firms who charge you for each and every call and letter.

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You will have direct access to our qualified lawyers, with in-depth knowledge of UK Immigration law. Upon instructing us you will be allocated an experienced lawyer who will contact you within 24 hours to discuss your case.

Expert Advice

Immigration laws in the UK change frequently. Our team of lawyers are trained and are kept up to date on all the latest developments. We have a combined wealth of knowledge and experience. Our expert immigration lawyers can provide advice and the best possible option available for you.

Highest Success Rate

We are proud to claim that through our wealth of knowledge and experience we are able achieve the results that are needed. Our expert Lawyers put their full efforts in your case as we strongly believe in getting for you what you want.

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