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Domestic Violence Immigration Cases in London

Domestic Violence visa applications are often very sensitive matters. Our clients in these cases are often worried about their physical wellbeing, and the situation can be very heated and emotional. We recognise domestic violence immigration cases are very sensitive, and you may have immigration concerns. Our team of immigration lawyers in central London are fully trained in assisting with visa applications in domestic violence cases. We ensure that your case is treated with the security and confidentiality that it requires, and we make your safety our top priority whilst securing your visa.

“I applied for my ILR in 2020 while we were in lockdown and I never regretted hiring Westkin Associates to help me with my application. My lawyers were very helpful from start to finish. They have set up my expectations of the whole process and their service in a most professional way and the outcome was just how I had expected it. I highly recommend them.”

If you require assistance with a domestic violence immigration case, including ilr domestic violence, please get in touch by calling our office on 020 8038 2309 or by reaching out through our website. All enquiries are completely confidential, and your first call is cost-free.

Domestic violence and immigration law

The UK Home Office recognises that foreign nationals who are in the UK on a spouse visa and whose relationship subsequently breaks down as a result of domestic violence may be eligible to remain in the UK, so long as they meet all the requirements of the law.

We will be exploring the domestic violence immigration rules for spouses who obtained their visa before the 9th of July 2012, and those who obtained their statuses after this date.

What is indefinite leave to remain ilr under the domestic violence rule?

For those who obtained their UK visa before the 9th of July 2012, spouses would have been given leave to enter or remain in the UK for two years and upon completion of those two years, they may be eligible for Indefinite Leave to Remain. Our team of immigration lawyers are experienced in handling ILR domestic violence cases, and are on hand to assist you should you need it.

In the event that the marriage deteriorates before the initial two year period ends, then the immigration rules do not provide a remedy for the foreign national to remain in the UK.

What are the domestic violence immigration rules?

The only exception to the general ILR rule is where the relationship has deteriorated as a result of domestic violence on the part of the UK citizen. In such situations, domestic violence immigration law states that the foreign spouse can remain for the rest of their two years in the UK, after which, the foreign spouse may be eligible for Indefinite Leave to Remain in the UK. The immigration rules are designed to prevent fraudulent claims of domestic violence, so the threshold for a successful application is often very high.

The full text of the immigration rules can be obtained by contacting Westkin, but in summary, the rules require that the domestic violence must have occurred during the two year period and must have been the cause of the breakdown of the marriage.

The domestic violence immigration rules for matters that take place after 9th July 2012 are largely similar. The major difference being that the probationary period is 5 years, split into 2 periods of 2.5 years each.

What are the requirements for domestic violence immigration cases?

There is no requirement as to the severity of violence (within reason), and there is no need for there to have been a divorce. Both men and women can be considered for domestic violence immigration cases.

Evidence are required to prove domestic violence as part of your case. The rules around the evidence required in such cases can be both complex and strict, and it is recommended to seek legal assistance to give you the best chance of gathering the necessary information for your case. 

Westkin is on hand to assist. If you have been the victim of domestic violence, our immigration lawyers will be able to help in a safe and discreet environment. Please call our office on 020 8038 2309 or reach out through our contact form for a cost-free, commitment free chat.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,

1 Maddox Street

Mayfair

London

W1S 2PZ

United Kingdom

020 8038 2309

© 2019 Westkin – London Immigration Lawyers

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