Applying For Permission To Stay In The UK As A Victim Of Domestic Violence

If you are a migrant to the UK who is also a victim of domestic violence, you may feel defenceless at times because of your uncertain status. Thus, you may feel like you cannot turn to anyone for help with your situation.

However, this is not the case. For all migrants in the country, the Home Office has specific guidelines for how they should proceed if their relationship has broken down due to domestic violence and whether can stay in the country permanently in the aftermath.

Here’s the gist of what you need to know.

Details Regarding Visas of Victims of Domestic Abuse in the UK

Legal Aid

Unlike other cases of immigration, the UK government does recognize that you may be feeling particularly vulnerable because of your situation. This is why they offer legal aid to all applicants who are financially eligible for it.

Given the delicate nature of your case, it’s best to have proper legal representation on-hand, so that you have a professional guiding you through the complexities of your circumstances.

Understanding Domestic Abuse, According to the Home Office

While many believe that domestic abuse is only related to physical or mental abuse, the Home Office has a more detailed definition:

Any incident or pattern of incidents of threatening or controlling coercive behaviour, abuse or violence between those aged 19 and over, who have been or are intimate partners or family members, regardless of gender or sexuality.

So by this definition, any controlling or threatening behaviour also counts as domestic violence, even if it is not being committed by the partner of the victim.

Who Can Apply to Remain in the UK?

Those who have leave to remain in the UK as partners/spouses of British citizens or someone who has settled in the UK permanently can apply to remain. However, those who have not yet established their status as partners might not qualify. In such cases, and also if the victim is in the UK on some other type of leave, they may apply for asylum under humanitarian protection.

You may also apply to remain in the UK by moving to another address and supporting yourself. If you do not have the means to do so, you may go to a refuge. After some time, it will become necessary for you to apply for public funds for accommodation and support.

However, since you do not have access due to your visa status, you might become destitute, which is when you’ll become applicable to apply for short-term leave under concession for destitute domestic violence.

Learn More about Applying Under Domestic Violence Rules

Aside from these, there are other criteria that you will need to satisfy, in accordance with your specific case.

To know those, you’ll need the assistance of a solicitor who specializes in cases of domestic violence as well as UK visas. Wembley Solicitors can offer expertise on such matters.

To acquire our help, contact us now at 020 3417 3700!