If you are living in the UK on a UK spouse visa or partner visa and your relationship with your spouse or partner breaks down permanently as a result of domestic violence/abuse you may be able to apply to settle i.e. indefinite leave to remain in the UK.

Who can apply for a Domestic Abuse Visa?

Applicants living in the UK as spouse, or partner of one of the following can apply for permission to stay in the UK if their relationship broke down permanently as a result of domestic violence with - 

• A British citizen;
• A member of the armed forces;
• One with a settled status such as ILR;
• Someone with leave as a refuge;
• An EEA national who has pre-settled status where the leave was not granted as a joining family member

However, if you are currently living in the UK as the spouse (husband, wife) unmarried partner (boyfriend, girlfriend), or registered partner of someone who has limited leave to remain, you might not qualify.
You might not qualify for ILR if you’re a fiancé, fiancée, or proposed civil partner

What is Domestic Abuse?

Home Office guidance has made it clear that domestic abuse relates to but is not limited to physical, sexual, psychological, financial, and emotional abuse. The general definition of domestic violence and abuse is  any incident or pattern of incidents showing controlling, coercive or threatening behavior, violence, or abuse between those aged 16 or over, who are or have been intimate partners or family members, regardless of gender or sexuality. 
Domestic abuse can be caused by not just your partner but by your partner’s family members also.

Eligibility for applying for ILR as a survivor of domestic abuse

You need to meet the following requirements to be eligible to apply for ILR as a victim of domestic violence:

• You need to either be in the UK as the partner of a British citizen or a settled person or other relevant person, or you must have received 30 months of leave under the domestic violence rule, or you must have last been granted permission under the DDV concession.
• You must be physically present in the UK when you submit your application.
• You must have had leave to remain as the partner of a British citizen, a settled person member of the armed forces, or certain EEA nationals who hold pre-settled status, or you must have been previously granted 30-month leave to remain under the domestic violence rule
• Your current relationship with your spouse/partner must have broken down permanently as a result of domestic violence during your most recent period of permission as a spouse/partner.
• You must provide evidence that your relationship broke down due to ‘domestic abuse’.

Please note that you may be granted 30-month leave to remain instead of ILR if you received a prison sentence of fewer than 12 months within the past seven years (or had a non-custodial sentence or out-of-court disposal within the last two years.

How to apply for a Domestic Abuse Visa?

You need to fill out the application form SET(DV). You need to be physically in the UK at the time of application. You need to pay the application fee of £2,885. You can claim for fee waiver by providing
evidences such as bank statements, payslips, etc. that your application qualifies for it. If you cannot provide evidence because you fled from your family and thus have no documents at hand, the home office will decide if you are telling the truth about your circumstances with support from a local council or a refuge.
Should you need assistance and advice in connection with the domestic abuse application, please consult one of our lawyers at Visa and Migration Ltd on 02034111261 or email info@visaandmigration.com