Are you a victim of domestic abuse in the UK on a Spouse visa? Where can you seek help?

by UK Spouse Visa Expert in India

Published on: 08th Aug 2022
Reading time: Approx 4 mins

Being in a relationship, moving in with your partner, and building a life together, are some of the most beautiful experiences for many couples. And when you are moving to a new country, it just adds to the magic!

However, some relationships go downhill when one partner is abused by the other. In such cases, many individuals suffering from domestic violence feel lost and helpless. Especially, in a foreign nation, they are more worried about their visa status. Due to a lack of knowledge, they are often unaware of their rights and the solutions available to rescue themselves from their abuser. Are you a victim of domestic abuse in the UK on a Spouse visa?

This blog covers the below topics

It’s time to Voice Up Against Violence! Let’s know

  • The Rights of immigrants – who had come to the UK on a UK Spouse visa to live with their partner, and are domestic abuse survivors.
  • Options a survivor can consider to continue living and working in the UK without a spouse/partner.

If your relationship recently ended because of domestic violence or abuse, you may be eligible to apply for Indefinite Leave to Remain (ILR) under the Home Office regulations.

Domestic violence includes threatening behaviour, violence, or abuse between adults (i.e. 18 years or older) who are either in a relationship together or with family members. It is important to understand that violence or abuse is not just physical; it can also be psychological, sexual, financial, or emotional.

Call 999 and ask for the police if you and/or your kids are in danger.

The 24-hour National Domestic Abuse Helpline contact is – 0808 2000 247 (https://www.nationaldahelpline.org.uk/)

What is Domestic abuse in the UK on a Spouse visa

Instances or patterns of controlling, coercive, threatening, demeaning, and/or violent behaviour, including sexual violence, is considered domestic violence. This might comprise but is not restricted to

  • Physical abuse.
  • Mental and emotional abuse.
  • Sexual assault.
  • Financial abuse (withholding money or refusing to allow you to work).
  • Control by coercion.
  • Digital or online abuse.
  • Stalking and harassment.

Abuse does not see gender. Domestic violence can affect both men and women.

Who can apply for an Indefinite Leave to Remain (ILR) in the UK as a domestic abuse survivour?

  • If you are currently in the UK and were last granted a Leave to Enter or Leave to Remain, as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person – only then you may be eligible to apply for an Indefinite Leave to Remain (ILR) as a victim of domestic violence and/or coercive behaviour.
  • A settled person is an individual who has been granted Indefinite Leave to Remain (ILR) or EU Settlement Scheme (EUSS) Settled Status – these both grant Permanent Residence in the UK.

What are the ILR application requirements – under domestic violence?

  • Applicants must apply online. To apply, the applicant must be physically present in the UK.
  • Your relationship must have broken down due to domestic violence or abuse in the UK, from your partner and/or your partner’s family.
  • You must not fall under the reasons for refusal under the suitability requirements.

What is the ILR application fee – under domestic violence?

  • The application fee is £2,404 per person. Applicants can include children too (if they’re eligible).
  • The applicant, along with children (if included) need to have their biometric information (fingerprints and a photo) taken – there is no fee for this.

If the applicant cannot pay the fee, then they will have to provide evidence that they

  • Do not have a place to live and cannot afford one.
  • Have a place to live but cannot afford essential living costs like food or heating.
  • Have a meager income and paying the fee would harm their child’s wellbeing.

Evidence can include

  • Bank statements
  • A signed letter from the local authority
  • A signed letter from an agency that’s been providing support to the applicant

Agencies with whom you can connect in the UK to seek help

Domestic abuse support for adults

  • The Dash Charity – 0175 354 9865 – thedashcharity.org.uk
  • One in Four – 0800 121 7114 – oneinfour.org.uk
  • Safer Places – 0330 102 5811 – saferplaces.co.uk

If an applicant needs support while waiting for a decision, they can apply for the ‘Victim of Domestic Violence Concession’ to

  • Get permission to stay in the UK for 3 months.
  • Be able to claim benefits, eg. find somewhere safe to live.

The SmartMove2UK is here to strongly support you!

Talk to our UK-qualified solicitor, Ms. Falguni Y. Parekh, also a Partner at The SmartMove2UK has helped 1000+ clients from 26+ countries since 2009.

She has been interviewed on BBC World News and is a regular contributor on media platforms. Clients have described her as – ‘compassionate’, ‘thoughtful’, and ‘empathetic’. She is a highly respected immigration solicitor in India and also in the UK.

Ms. Falguni will accurately advise you on visa options for survivours of domestic abuse in the UK

  • For immigrants in the UK on a UK Spouse visa. Know your visa rights to come back to your home country, and/or
  • To explore possibilities (if any) for you to stay in the UK after the relationship ends.

*All the information shared and the identity of the client will remain 100% confidential*

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