The UK’s immigration rules offer crucial protection for victims of domestic violence through the Domestic Violence Concession (DVC), allowing those on a Family Visa to apply for Indefinite Leave to Remain (ILR) if their relationship with the has broken down due to abuse. This pathway provides a vital lifeline for individuals seeking independence and safety in the UK, away from their abusers.
Despite its significance, many victims are uncertain about their eligibility or fear that their experience of abuse may not be deemed ‘serious enough’ to qualify. In this article, we explore the eligibility criteria, application process, and types of evidence that can support an ILR application under the Domestic Violence Concession.
Understanding Eligibility for the Domestic Violence Concession
The Domestic Violence Concession applies to individuals who were granted a Family Visa, such as a Spouse Visa, Unmarried Partner Visa, or Civil Partner Visa, and whose relationship has ended due to domestic abuse. Those on a Fiancé Visa are not eligible for this concession. Importantly, abuse isn’t limited to physical violence—it can also include emotional, psychological, and financial abuse.
If you’ve experienced domestic abuse, you may be eligible to apply for ILR in the UK. Even if you were abandoned by your partner overseas, you might still qualify under the principle of “transnational marriage abandonment,” which the Home Office recognises as a form of domestic abuse.
What Constitutes Domestic Abuse?
Domestic abuse can take many forms beyond physical violence. The Home Office’s guidance defines domestic abuse broadly to include emotional, psychological, and financial manipulation or coercion. Immigration Solicitors can help you assess whether your experience aligns with these definitions and guide you on gathering evidence for your ILR application.
Burden of Proof: The “Balance of Probabilities”
The burden of proof for ILR applications based on domestic abuse is set to the “balance of probabilities” standard. This means that it must be more likely than not that domestic abuse occurred and led to the breakdown of your relationship. This is a much lower standard than in criminal proceedings, where proof is required “beyond reasonable doubt.” Even without a criminal conviction, your application can still be successful if you present sufficient evidence of abuse.
Types of Evidence to Support Your ILR Application
The Home Office does not require any specific type of evidence to support an ILR application under the Domestic Violence Concession. However, some forms of evidence are considered more conclusive than others. Below are examples of conclusive and compelling evidence you may include in your application:
Conclusive Evidence:
- Criminal Conviction: A conviction against your abuser related to domestic violence is considered conclusive evidence, even if the conviction was appealed.
- Police Caution: A police caution for domestic abuse is also treated as conclusive evidence.
- Family Court Findings: If a family court has made a finding of domestic abuse in relation to matters such as non-molestation or occupation orders, this can strengthen your application.
Compelling Evidence:
- Medical Reports: Reports from medical professionals detailing injuries or emotional trauma resulting from domestic abuse.
- Personal Statements: Detailed personal statements outlining the abuse can carry significant weight, especially when accompanied by supporting evidence from friends, family, or community figures.
While having conclusive evidence like police records or court findings can strengthen your case, their absence doesn’t mean your application will be refused. Many victims don’t report domestic abuse to authorities due to fear or stigma, and their personal testimonies, alongside medical or social support documents, may be sufficient.
How to Strengthen Your ILR Application
If you are applying for ILR under the Domestic Violence Concession, the key is to gather as much relevant evidence as possible. Legal advice from Immigration Solicitors can be crucial in helping you prepare a strong case. Solicitors can assist with the preparation of personal statements, collecting medical evidence, and compiling court or police documents to support your application.
The Home Office will assess your application based on the “balance of probabilities,” so having well-prepared documentation is essential to improving your chances of success.
Overcoming Fear and Taking the Next Steps
The journey to obtaining Indefinite Leave to Remain under the Domestic Violence Concession can be emotionally exhausting. Many victims are hesitant to apply due to fears of inadequacy or insufficient evidence. However, working with experienced immigration solicitors can provide clarity and guidance through this challenging process.
At GigaLegal, we specialise in supporting victims of domestic abuse with their ILR applications. Our team of Immigration and Family Law Solicitors can assist you in gathering the necessary evidence, drafting compelling statements, and presenting your case effectively to the Home Office. We ensure that our clients feel fully supported as they work toward achieving safety and legal independence in the UK.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.