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Indefinite Leave to Remain via the Domestic Violence Route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Achuchu
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Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Thu Apr 04, 2024 9:30 pm

Hi Admin,

I am new on this platform. I am married to a British Citizen who has been emotionally and psychologically abusing me. Every now and again, he threatens me using my immigration status. I have been very scared, but I have sought help. I have been informed that I can apply for the ILR using this route. any help will be welcome. I begun to fill out the forms and gathering the necessary evidence needed for this application. I want to know if anyone has gone through this route - and how they went about it. I just need all the help and encouragement.

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CR001
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by CR001 » Thu Apr 04, 2024 9:34 pm

Read the dedicated thread we already have of forum members experiences.

indefinite-leave-to-remain/ilr-set-dv-a ... 8-250.html

What evidence exactly do you have?

How long have you been in the UK, presumably on a spouse visa?
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by zimba » Fri Apr 05, 2024 1:14 am

The threshold for granting ILR under the domestic violence route is understandably high to avoid abuse. In rare circumstances, such claims were used to circumvent the immigration system and as a way to stay in the UK when it was not appropriate. UKVI will evaluate the evidence and seriousness of the case to see if granting ILR is appropriate. The stronger the evidence, the higher the chance of being granted ILR.

There is an official guide on this. Look for 'Table of evidence' in this guide: https://assets.publishing.service.gov.u ... olence.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Achuchu
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Fri Apr 05, 2024 5:06 pm

CR001 wrote:
Thu Apr 04, 2024 9:34 pm
Read the dedicated thread we already have of forum members experiences.

indefinite-leave-to-remain/ilr-set-dv-a ... 8-250.html

What evidence exactly do you have?

How long have you been in the UK, presumably on a spouse visa?
i have been on the spousal visa for 8 months, been in the UK for 3years and 5 months. The abuse started as soon as i got on his visa. controlling and threatening me. making facial slurs. I have enough evidence to prove, only the non- molestation order. it is proving difficult to obtain that. spoken to many lawyers who have asked me to pay over GBP5000.00. spoken to a few who have stated that i am eligible for just a warning letter. I would like to know if i can apply without a non-molestation order.

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by zimba » Sat Apr 06, 2024 4:22 pm

Did you read the guide or not ??
Your time spent under the family route is quite short, so you are very unlikely to secure ILR. What is your immigration history ?? Did you marry him recently ?? You may be able to be granted leave under other routes but getting ILR might not be possible
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Frontier Mole
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Frontier Mole » Sat Apr 06, 2024 8:27 pm

Some basic information you will need to provide to the Home Office
Reports to the police
Medical evidence of emotional or physical abuse.
Hard evidence such as abusive texts
Social services or abused partner charity reports

If you do not have the above then you will struggle.
Assuming you have moved out of the marital home?

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Sun Apr 07, 2024 2:10 pm

zimba wrote:
Sat Apr 06, 2024 4:22 pm
Did you read the guide or not ??
Your time spent under the family route is quite short, so you are very unlikely to secure ILR. What is your immigration history ?? Did you marry him recently ?? You may be able to be granted leave under other routes but getting ILR might not be possible
I came in on a student visa in 2020 and then got the graduate visa in 2021, we married in september 2022, but i didnt get on the spousal visa until july 2023, and that was when the abuse started.

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Sun Apr 07, 2024 2:13 pm

Frontier Mole wrote:
Sat Apr 06, 2024 8:27 pm
Some basic information you will need to provide to the Home Office
Reports to the police
Medical evidence of emotional or physical abuse.
Hard evidence such as abusive texts
Social services or abused partner charity reports

If you do not have the above then you will struggle.
Assuming you have moved out of the marital home?
i have all these evidence except partner charity reports, i ran away from the marital home in december with the hopes of going back if things calmed down but the harassments and the abuse continues, via, texts, calls to me and my family including threats regarding my status. All my property is still back there and he has threatened to get rid of them. as it stands i am terrified of being in the same space with him so i cannot particularly say i have moved out as all my things are still there

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Frontier Mole
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Frontier Mole » Sun Apr 07, 2024 4:16 pm

Given the level of evidence you should have a good chance in meeting the domestic abuse threshold.

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Mon Apr 08, 2024 8:20 pm

i have struggled to get a non-molestation order, however i was advised to get a warning letter by a solicitor based on the circumstances, can this suffice ? or am i able to complete the application without any of these.

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Mon Apr 08, 2024 8:29 pm

Hi Admin,

Police report SAR is saying it takes 28 days to be sent in, Is there a way to get this quicker?

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Frontier Mole » Tue Apr 09, 2024 12:36 am

I am afraid the SAR is very likely to take longer than 28 days. There is a distinct lack of resources in the police services and SAR’s routinely & unfortunately are rarely delivered early. There is not a route to speed the process and most people are grateful just to receive it close to 28 days.
You will need all the evidence you can possibly gather, every bit strengthens your case. You cannot afford to leave anything that supports your case out.

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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Achuchu » Tue Apr 09, 2024 8:35 am

Frontier Mole wrote:
Tue Apr 09, 2024 12:36 am
I am afraid the SAR is very likely to take longer than 28 days. There is a distinct lack of resources in the police services and SAR’s routinely & unfortunately are rarely delivered early. There is not a route to speed the process and most people are grateful just to receive it close to 28 days.
You will need all the evidence you can possibly gather, every bit strengthens your case. You cannot afford to leave anything that supports your case out.
ok. thank you. i have struggled to get a non-molestation order, however i was advised to get a warning letter by a solicitor based on the circumstances, can this suffice ? or am i able to complete the application without any of these.

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Frontier Mole
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Re: Indefinite Leave to Remain via the Domestic Violence Route

Post by Frontier Mole » Tue Apr 09, 2024 1:15 pm

The more evidence you supply the better. If you apply without the police evidence then that will diminish your claim.
Of course you can apply with what you have, that is your choice.

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