Applying as a victim of domestic abuse

Published by a ³ÉÈËÓ°Òô Immigration expert
Practice notes

Applying as a victim of domestic abuse

Published by a ³ÉÈËÓ°Òô Immigration expert

Practice notes
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Under the family Immigration Rules people with leave to remain as a partner are usually on a five or ten-year route to settlement. However there are provisions for a partner to apply for settlement early if their relationship breaks down due to Domestic abuse.

As of 31 January 2024, the Immigration Rules, Appendix Victim of Domestic Abuse contain the Rules relating to applications for settlement following a breakdown of a relationship as a result of domestic abuse during the probationary period. The new Appendix is in simplified format and also now includes provisions for applications from overseas where a victim of domestic abuse has been abandoned outside of the UK.

Note that it is important to check the eligibility relationship requirements carefully, because the domestic abuse provisions do not map directly onto the Appendix FM partner routes, eg these Rules do not cover those with leave to enter or remain as a fiancé(e)/proposed civil partner.

If an application under these Rules is successful, the applicant partner will usually be granted settlement (Indefinite leave to remain).

As

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Jurisdiction(s):
United Kingdom
Key definition:
Domestic abuse definition
What does Domestic abuse mean?

The DAA 2021 creates, for the first time, a cross-government statutory definition of domestic abuse. According to the government’s factsheet the definition is ‘…to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes’. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused and the second part defines what constitutes abusive behaviour. The definition is broad and includes controlling or coercive behaviour and economic abuse. For the purposes of DAA 2021, the behaviour of a person towards another person is domestic abuse if: •both parties are each aged 16 or over and are personally connected to each other, and •the behaviour is abusive Behaviour is abusive if it consists of any of the following: •physical or sexual abuse •violent or threatening behaviour •controlling or coercive behaviour •economic abuse, which means any behaviour that has a substantial adverse effect on that person’s ability to: ?acquire, use or maintain money or other property, or ?obtain goods or services •psychological, emotional or other abuse The behaviour can consist of a single incident or a course of conduct. For the purposes of DAA 2021, behaviour may be behaviour towards a person despite the fact that it consists of conduct directed at another person, for example, towards that person’s child. This confers the formal status of victim of domestic abuse not only on the victim themselves, but on any child who has seen, heard or experienced the effects of domestic abuse. References in DAA 2021 to being abusive towards another person are to be read in accordance with this.

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