If you stay in the UK with a Family Visa, say Spouse Visa, Unmarried Partner Visa, or Civil Partner Visa, you can apply for ILR via domestic violence concession UK. Even a Fiancé Visa does not come under this provision. You must demonstrate that your relationship has irretrievably broken down as a result of the domestic abuse and support this with evidence. ILR application should be made within the UK unless someone has been left behind overseas by a spouse, which is termed transnational marriage abandonment by the Home Office. Application from abroad is permitted in this scenario.
Proving That Your Relationship Ended Due to Domestic Violence Concession UK
There is no prescribed type of evidence required either by the Home Office for supporting your claim for domestic abuse. You will not need a police report, a criminal conviction, or a court order as proof of having suffered from Domestic Violence Concession UK.
Caseworkers must go on the balance of probabilities and, therefore, you are required to prove, more likely than not, that the reason for the breakdown of your relationship was domestic abuse.
Understanding the Balance of Probabilities
To obtain a conviction in domestic violence cases, the Crown Prosecution Service has to prove that the defendant is guilty beyond a reasonable doubt, which is an extremely high standard. On the other hand, the standard for an ILR application is far lower. There need only be evidence presented showing that it is more likely than not that abuse occurred and contributed to the breakdown of the relationship.
For those abroad, this abandonment alone constitutes domestic abuse. You are required to prove that the breakdown of the relationship was due to this abuse.
Evidence to Support Your ILR Application
Though no set documents are needed, the Home Office has guidelines on what other evidence could assist an ILR Application under domestic violence concession.
Definitive Evidence
Certain types of evidence are regarded as “definitive,” meaning no further proof is required:
• Criminal conviction – a conviction of your ex-partner in respect of a domestic abuse-related criminal offence is definitional; if he was charged but acquitted, you could still apply under the domestic violence concession.
• Police caution – a police caution against your ex-partner for an offence against domestic abuse would count as definitive evidence.
• Family court ruling – a family court judge has ruled that domestic abuse took place (e.g. via a non-molestation order or occupation order) constitutes conclusive evidence. Where an order has been made without a formal finding of abuse, such consideration could still be relevant evidence but would not fall under the category of “definitive”.
Additional Supporting Evidence
Other forms of evidence, while not conclusive, can provide reasonable support for your case:
• Medical records – A report prepared by a doctor describing physical injuries or psychological effects of abuse. This evidence has more weight if the doctor personally observed the injuries rather than just taking down the victim’s self-reported account of incidents.
• Witness statements – Such evidence may include testimonies from relatives, friends, or professionals (e.g., support workers), who can verify the abuse.
• Personal statement – This is a written statement in which you detail your experiences and how the abuse affected you, which ultimately ended your relationship. If this is indeed your main piece of evidence, make sure that it is comprehensive and well documented.
At Valoris Legal Services, our qualified Immigration Solicitors will assist you in presenting credible evidence for your case. Contact us for help regarding your ILR application.
Next Steps
At Valoris Legal Services, we recognise the challenges faced by survivors of domestic abuse. Applying for ILR or navigating family law matters can be overwhelming, but our team is here to help. We can assist with ILR applications, protective court orders, child arrangement concerns, and more.
For expert legal assistance, contact us on +44 3302236781 or reach out to us online.
Some Useful Links
UK Visas and Immigration (UKVI)
https://www.gov.uk/government/organisations/uk-visas-and-immigration
This is the governmental website through which detailed information on visas, immigration, and settlement into the UK can be found.
Citizens Advice Bureau (CAB)
https://www.citizensadvice.org.uk/
The bureaux offered free, confidential, and impartial advice with respect to immigration and citizenship issues.
Refuge
https://www.refuge.org.uk/
A well-known charity in the UK that provides specialized support for women and children suffering from domestic violence.
Women’s Aid
https://www.womensaid.org.uk/
Women’s Aid is the national organization dedicated to ending domestic abuse and serving the beneficiary with lifesaving services for women and children.
National Domestic Abuse Helpline
https://www.nationaldahelpline.org.uk/
National Domestic Abuse Helpline offers free and confidential 24-hour support to those who are experiencing domestic abuse.