Staying in the UK if Your Relationship Ends Because of Domestic Violence

As family and immigration solicitors we find all too often that if you are in the UK on a spouse visa you don’t know your family law rights or the immigration law options available to you if you decide to end your relationship because you are experiencing domestic violence. Sadly, in some cases, those on spouse visas and family visas suffer in silence for too long, believing that their choice is either stay in the UK and put up with an abusive relationship or separate and leave the UK. Neither is an acceptable option for many caught up in a violent relationship. Our Spouse Visa Solicitors look at your  immigration rights if you decide to end your relationship because of domestic abuse.

UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors  

For advice on spouse visas and staying in the UK if your relationship ends call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Has your relationship ended because of domestic violence?

Many people don’t realise that they are either suffering domestic violence or that they have ended their relationship because of domestic abuse. That’s because lots of victims of domestic abuse believe that they are not ‘victims’ because their perception of domestic violence is very different to the UK definition used in both immigration and family law proceedings.

Domestic violence includes:

• Physical
• Sexual abuse – you have a right in the UK to refuse consent to sexual contact even if you are married or in an intimate relationship with the other person.
• Emotional abuse or psychological harm – this type of abuse can be related to your immigration status, such as criticising your English language skills or your cultural beliefs.
• Coercive and controlling behaviour – this can include stopping you from leaving the family home without permission or controlling what you wear or read or who you can speak to on the telephone. Even if this type of behaviour would not be considered domestic abuse in your home country, or that of your partner, it does amount to domestic abuse in the UK.

Home Office guidance on what amounts to domestic violence

The Home Office has published guidance to help spouse visa holders and Home Office officials to understand the wide definition of domestic violence.

The Home Office guidance says domestic violence involves ‘any incident or pattern of incidents of controlling coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality’.

Spouse Visa Solicitors emphasise that in both family law and immigration applications anyone can get help for domestic violence whatever your:

• Immigration status or nationality. You don’t need to be a British citizen to get help from family solicitors, domestic violence agencies or the police.
• Gender – males and females can get help with domestic violence in relationships.
• The status of your relationship – help is available if you are in a married or unmarried relationship or if you are in a same-sex marriage, civil partnership or cohabiting relationship.
• Age as domestic violence can occur at any age or whatever the length of your relationship.
• Financial status –even if your sponsoring partner or spouse thinks they should have all the financial and other control because they are the one working, they should not subject you to domestic violence or domestic abuse or coercive control because you are financially dependent on them.
• Parental status – if you have dependent children, you may fear that if you leave your partner, you will lose your immigration status and your children. In the UK you can apply for a child arrangement order so your children can continue to live with you. To apply for a child arrangement order, or other type of children law order, you or your children don’t need to be British citizens. The family court has jurisdiction to make children law orders if your children are habitually resident in the UK.

The domestic violence you are experiencing may not come from your partner. It may be directed at you by your partner’s parents or your partner’s siblings because they resent you and your relationship.

Immigration solicitors emphasise that if you don’t know if what you are experiencing amounts to domestic abuse or not, get help. There is lots of help available from agencies as well as family lawyers and Spouse Visa Solicitors.

Staying in the UK if your relationship ends because of domestic violence

The immigration rules on staying in the UK if your relationship ends because of domestic violence apply to you if you are in the UK on a spouse visa or family visa as the partner, husband, wife or civil partner of your sponsoring partner. Your sponsoring partner will have either British citizenship or settled status , such as indefinite leave to remain.

If your partner is in the UK and subject to UK immigration controls (for example, they are in the UK on a skilled worker visa or student visa and you are in the UK on a dependant visa) you can't rely on the domestic violence concessions for spouse visa holders but you may have other immigration options to stay or return to the UK.

Nor can you use the domestic violence concession to stay in the UK on a long-term basis if you are visiting the UK on a visitor visa or if you are in the UK on a fiancée visa and you are not yet married. It is best to talk to an immigration solicitor as you may have other visa options so you can return to the UK.

Making an application under the domestic violence concession rules

You can apply to stay in the UK if you are here on a spouse visa and you have ended your relationship due to domestic violence. You need to apply by asking for leave to remain, using form SET(DV).

The eligibility criteria are:

• The applicant must be in the UK – you can't leave the UK and then look to return using the domestic violence concession.
• The applicant must meet the general eligibility criteria for an indefinite leave to remain application – you don’t need to meet the residence requirement for ILR but you do need to meet the general criteria such as criminality and good character rules.

Evidence that your relationship has broken down because of domestic violence

The Home Office has produced guidance on what amounts to evidence in support of an application for indefinite leave to remain if you are in the UK on a spouse visa or family visa and have left your relationship due to domestic abuse.

Spouse Visa Solicitors can take you through the evidence you have, discuss the evidence your family solicitor can help you obtain, and the weight that the Home Office will give to it. Examples of evidence include:

• Police investigation and caution or conviction or
• Application for an injunction order or
• Application for a non-molestation injunction order with a without notice hearing so no findings were made by a family court judge or
• Application for an occupation order with an on notice hearing and court findings or
• Application for a child arrangement order and prohibited steps order to protect your children.

You may need to rely on a combination of evidence, such as a medical report or witness statement or your call to the police. Spouse Visa Solicitors can tell you how much weight the Home Office will give to the types of evidence you can produce to show that your relationship broke down because of domestic violence.

The first step in securing indefinite leave to remain using the spouse visa and domestic violence concession is to pick up the phone and ask for help. Our friendly and approachable immigration solicitors and family lawyers are here to help you.

UK Online and London Based Immigration Lawyers and Spouse Visa Solicitors  

For advice on any aspect of immigration law call the expert London Immigration Lawyers at OTS Solicitors on 0203 959 9123 or contact us online.