We all are very well aware that we do not live in a world free of crime. However, the worst crime I believe is when the people who are supposed to love and protect us end up hurting us be it mentally or emotionally. We feel it’s very important to have laws to protect the victims of such crimes of domestic violence.
Under this, a victim who has been living in the UK on a spouse or partner visa now wishes to separate from his/her partner because of domestic violence can apply for indefinite leave to remain. This we believe is a wonderful step by the UK government as they are providing protection to someone in need no matter what their nationality.
However, the application process would still require proof of violence and separation.
The UK government has given a very clear definition of domestic violence. “ Any incident or pattern of incidents showing controlling, coercive or threatening behaviours, violence or abuse between those aged 16 or over, who are or have been intimate partners or family members, regardless of gender and sexuality. This can, but is not limited to the following types of abuse: psychological, physical, sexual, financial and emotional abuse.
The UK police over the course of the year 2019 recorded over 5,00,000 cases of domestic violence and currently, in 2020 the stats have been much higher due to the lockdown. A rise in domestic violence has been seen across the globe with almost a 70% increase in the cases of domestic violence.
Under these cases, it is best advised to connect with an immigration solicitor as they can help get this process go on much more smoothly. The domestic violence rule was enforced in 2002. It was observed during the time that many victims were forced to stay under the care of the abuser as they had no financial standing of their own, no place to stay and their visa was connected to their partners. The abuser took undue advantage of their situation. It is very difficult to get this application approved without the required proof.
This year alone the government has allocated £ 76 million for supporting victims of domestic and sexual abuse.
The Do’s And Dont’s
Rules and regulations are very important for any government and same is the case with the British government. So here are some things that you can and cannot do if applying for indefinite leave to remain in the UK.
You cannot make this application if your separation from your partner is temporary. This application requires your relationship with your partner to be fully ended. Yes, because if you intend to get back together with your partner then there is no need for you to apply.
It is important for you to be in the UK to make this application. It can be made from outside the country too but you will need to consult an immigration lawyer as it will be difficult that way. Also, one of the documents that you need to submit with the application is your passport and it has been observed that many times the abuser takes hold of the victim’s passport so that they cannot leave the country or submit the application for indefinite leave to remain. In this scenario, there are things that can be done. You can either report your partner or you can file a lost complaint about the same and receive an exemption.
In case you have been convicted during the period of your stay for anything then it would be better to have an immigration lawyer by your side to help you in the same because good character is a necessary eligibility requirement for staying in the UK.