If you are the victim of domestic violence, you may be eligible to apply for indefinite leave to remain in the UK. It is a requirement that you are currently in the UK on a spouse visa, have an EEA residence card as a spouse of an EEA national or you are a spouse of a refugee and that your marriage or civil partnership has broken down due to domestic violence.
You will be required to pay the Home Office fee unless you can prove that you are destitute, when a separate fee waiver application will need to be made first.
Very good objective and impartial supporting documentation is required to satisfactorily prove that the domestic violence has taken place. Examples of such evidence are:
- A court injunction, non -molestation order or conviction against the sponsor
- Police caution against the sponsor
- Medical report confirming injuries consistent with being the victim of domestic violence.
- Police report confirming attendance at the home of the applicant as a result of the domestic violence
- Letter from Social Services
- Letter of support from Domestic Violence Support Organisation
In the event of the Home Office refusing your application, you may not have a right of appeal, you may have to make a separate application if removal will constitute a breach of your human rights.
In certain circumstances, you may also be able to claim asylum.
We can assist you with advice of your options depending on your particular circumstances, obtain the best possible evidence to support your application and represent you with an application and or on appeal.
Contact us today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.
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