Is Immigration Abuse a Form of Domestic Violence?
A look at domestic abuse and immigration status
If you are in the UK on a spouse visa or family visa but you are unhappy in your relationship, do you have anywhere to turn? Are you being threatened by your partner telling you that if you leave then you will lose your UK immigration status? If so, that may be a type of immigration abuse. Our immigration solicitors take a look at immigration abuse and the impact of domestic abuse on your immigration status.
UK Online and London Immigration Lawyers and Spouse Visa Solicitors
For expert advice on immigration law and your immigration status call the specialist London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
Immigration status and domestic violence
If you are living in the UK on a spouse visa or partner visa, are you worried that if you leave your husband, wife or partner that they will report the breakdown of your relationship to the Home Office? Do you fear that the information will result in a Home Office official curtailing your spouse visa? You may be right. That is why it is best to get expert legal advice from immigration solicitors if you are worried about your relationship and your immigration status.
Spouse Visa Solicitors say that with a family visa you can only stay in the UK if you are in an ongoing relationship. If you leave the relationship or your partner leaves you then you are under a duty to report this to the Home Office. If you don’t do so then your former sponsoring partner might let the Home Office know. Failure to report a relationship breakdown could affect your immigration record, depending on the length of the reporting delay.
If your relationship has broken down because of domestic violence then you may be able to apply for indefinite leave to remain in the UK . This concession is available if you do not meet the five-year residence requirement. You would normally have to be in the UK on a spouse visa for at least five years to meet the indefinite leave to remain eligibility criteria but this requirement is waived if you meet the domestic violence concession.
One of the most misunderstood things is what amounts to ‘domestic violence’ when you are coming out of a relationship and you are worried about your immigration status.
Safety Before Status report
In October 2021 the independent Domestic Abuse Commissioner published a report entitled ‘Safety Before Status’ looking at immigration status and abuse. The report addresses how the victims of domestic abuse who have concerns about their immigration status could receive better support and protection. In January 2022 the Home Office published its response to the 2021 report. The Home Office report details whether it accepts all the recommendations of the independent Domestic Abuse Commissioner.
One of the key point about the Safety Before Status report was that it called for the recognition of 'immigration abuse' as a form of domestic abuse. In the January 2022 report, the Home Office did not go as far as to accept the recommendation but did acknowledge that immigration abuse can form part of the definition of domestic violence through the use of ‘coercive and controlling’ behaviour in a relationship.
Many people think domestic violence is limited to physical injury and assault but in the UK the definition of domestic violence is wide. It already includes emotional and psychological abuse and coercive and controlling behaviour. Whilst the Home Office report did not agree that immigration abuse was a separate category of domestic abuse or domestic violence, the 2022 report did say that threats about immigration status could be a part of a pattern of coercive and controlling behaviour. For example, a person living in the UK on a spouse visa or partner visa can be threatened about their immigration status as a means to coerce and control them and prevent them from getting help.
Spouse Visa Solicitors would therefore argue that immigration abuse does form part of domestic violence. Immigration abuse can already be used as part of an application for indefinite leave to remain based on the domestic violence concession for those in the UK whose relationships have broken down because of domestic abuse and who therefore risk their visas being curtailed and having to leave the UK unless they either apply to switch to a new visa or leave the UK or apply for indefinite leave to remain.
Immigration abuse – help is at hand
If you have suffered immigration abuse you need to let your immigration solicitor know so that they can assess the impact of your partner’s behaviour on your immigration options. You should not be embarrassed or worried as it is only through saying what has occurred during your relationship that indefinite leave to remain lawyers can use your information to best apply for indefinite leave to remain so you can settle in the UK, despite the trauma of the immigration abuse and the breakdown of your relationship.
UK Online and London Immigration Lawyers and Spouse Visa Solicitors
For advice on immigration law and help with immigration status concerns call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.