Domestic Violence

The Immigration Rules have been amended to allow the grant of Indefinite Leave To Remain to someone who has limited leave to remain as the the spouse of a person present and settled in the UK where the relationship has broken down due to domestic violence during the probationary period. The probationary period for those granted a spouse visa before 1 April 2003 was 1 year and thereafter 2 years.

You must submit evidence of the domestic violence in the form of:

  • an injunction, non-molestation order or other protection order made against the sponsor (other than an ex-parte or interim order); or
  • a relevant court conviction against the sponsor; or
  • full details of a relevant police caution issued against the sponsor.

The Home Office appreciate that it can be difficult to obtain enough evidence for prosecutions etc for various reasons and they will also consider as evidence more than one item from:

  • a medical report from a hospital doctor confirming that the applicant has injuries consistent with being a victim of domestic violence;
  • a letter from a family practitioner who has examined the applicant and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;
  • an undertaking given to a court that the perpetrator of the violence will not approach the applicant who is the victim of the violence;
  • a police report confirming attendance at the home of the applicant as a result of a domestic violence incident;
  • a letter from a social services department confirming its involvement in connection with domestic violence;
  • a letter of support or report from a women's refuge.

The main aspect you need to satisfy is that the breakdown of the relationship due to domestic violence occurred during the probation period.
 

Please see our "Finding Legal Assistance" page for how to locate advice for victims of domestic violence. 

To follow up on this information, check our Internet Resources page...

Reviewed 9 May 2012

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Family Path FAQ

I am in the UK as a fiance and I would like to work at home running an internet-based business. Does this breach the terms of my visa?

Yes. If your visa says 'No Work', it means just that. Working in the 'black economy' circumvents both the VAT and National Insurance schemes.

I am applying for a (fiance, spousal, visitor) visa. Do I need to include round-trip air tickets with my application?

To begin, let's look at this comment from the UKvisas Independent Monitor...

"...Linked to the allegation of vagueness is an associated one to do with a lack of booked hotels and tickets: I am aware that some Posts advise all applicants bar transit passengers not to book tickets or hotels until they have their visa. I endorse this approach. It is not right to require bookings which will cost money before a visa is obtained and UKvisas has now issued advice which states explicitly that applicant should not be expected to make travel or hotel bookings before obtaining their visa..." --Report of the Independent Monitor 2004 (Immigration and Asylum Act 1999), published February 2005, UKvisas

So the answer is No. Round-trip air tickets are not required to apply for a settlement visa, or any other type of visa for that matter (the exception being air-side transit visas which are outside the scope of this FAQ). The Foreign Office tells us that purchasing tickets in advance of an application is not recommended because of complications that can occur. 

I entered the UK on a fiance visa, but my relationship deteriorated. Can I marry someone else?

Yes, but not with a visa issued to a different sponsor. You will need to reapply first.

I entered the UK on a fiance visa, but my marriage has been delayed. What form do I use to get an extension?

The FLR(O) form should be submitted before your fiance visa expires.

I entered the UK on a fiance visa, but would to get married in Italy (France, Australia, etc). Is it ok?

Yes. But to come back in to the UK, you would need to get a spousal visa first.