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.
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