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DV Immigration Advocate



Applying for Indefinite Leave to Remain under the domestic violence rule



If you have been a victim of domestic violence and you are on a spouse visa or partner visa, you are entitled to apply for Indefinite Leave to Remain under the domestic violence rule. The application fee for applicants under the domestic violence rule is currently £1051. However, if you do not have any access to sufficient funds to pay this fee and are currently totally reliant on a third party, e.g. a family member, for the provision of essential living costs, such as basic food and accommodation, you may not have to pay this fee as you would be considered “destitute”. 

 

Applying for Indefinite Leave to Remain as you have British Citizen children


If you have lived in the UK you may be able to apply for Leave to Remain on the basis of Article 8 of the European Convention on Human Rights. This article says that everyone has the right to respect for her or his private and family life. 

You may be able to apply for leave to remain in the UK in order to enjoy your family life with your child. If you have a child under 18 who is British or settled (has a parent who has Indefinite Leave to Remain), then you can apply for leave to remain under the rules if:

1.   You are their sole carer (e.g. you make the decisions about the child’s upbringing and welfare. This is not the same as having parental responsibility or a residence order), or;

2.   They live with you and have contact with their British or settled parent; or,

3.   You have court ordered contact with your child who lives with their other parents and you are taking, and intend to continue to take, an active role in your child’s upbringing.

 

However, the Home Office states that in order to enjoy your private and family life in the UK you must meet the following eligibity criteria: 

You must have been in the UK legally and if you have overstayed you must have only overstayed for a period of 28 days or less. You must also have enough money to support yourself without resources to public funds and you must meet the English Language Requirements.

However, if you do not meet the criteria in the rules, then you may still be granted leave on the grounds of Article 8 of the European Convention on Human Rights. The Home Office has to take into consideration whether you have a private or family life here even if you are not able to fulfil the requirements. When the Home Office will decide whether or not you do have a private or family life in the UK and then whether or not it would be possible for you to have that private and family life in your own country. Furthermore, the decision maker will also take into consideration how your family would be affected by your return, with the children’s best interest being most important. This is a very complex process and we advise you to seek advice from a solicitor as each individual case varies.

If you are successful and are granted leave to remain on the basis of family life, you may be granted limited leave to remain for 30 months, which can be renewed. During the 30 months you can work but you will only be entitled to welfare benefits if you can prove to the Home Office that you are destitute. 

 

 

PHOEBE
'A Helper of Many'

19, Tower Street

Citizen Advice Bureau Building

Ipswich, Suffolk

IP1 3BE. UK

Email—admin@phoebecentre.org.uk

Telephone— 00 44 1473 231566