Domestic Abuse & Immigration

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Regardless of your immigration status, if you experience domestic abuse you have the right to protection by the police and courts from your abuser or abusers. It is important to report domestic abuse to the police as soon as possible. In some cases reporting the abuse to the police can support applications relating to your immigration status, in addition to giving you immediate protection from harm.

If you leave an abusive relationship or marriage and your legal right to remain in the UK depends on staying with your spouse or unmarried partner, you should seek legal advice as soon as possible.

If you are injured or emotionally distressed you should see a GP as soon as possible or in an emergency go to the local A&E or a Walk in Centre for medical assistance.

Seeking legal advice

If you had to leave your relationship or marriage due to domestic abuse, and you have limited leave or have a temporary visa to remain in the UK, and your being here depends on staying with your spouse or unmarried partner, you must seek legal advice on immigration immediately.

A list of immigration solicitors is available from the agencies mentioned below that can put you in touch with an immigration advisor or solicitor. If it is possible for you to make an application for indefinite leave to remain in the UK on the grounds of domestic abuse, these agencies can also support your application by providing reports of domestic abuse.

When you go to see an immigration advisor or solicitor or are seeking help from the appropriate departments within the council you will be required to provide as much information as possible regarding your immigration status including important documents such as your passport, immigration papers, as well as marriage certificate and birth certificates of your children.

An immigration advisor or solicitor will advise you on your immigration status, what rights you have to stay and what possible steps can be taken to remain in the UK.

The issue of domestic violence is very difficult and can pose grave difficulties for those suffering – be that you, your children and/or wider family. This type of abuse is often not limited to just physical abuse. Thankfully, society as a whole, is now more alert to the different forms of domestic abuse, which include physical, emotional, psychological, financial, harassment (and controlling behaviour) and sexual abuse. We appreciate that domestic violence can arise in all types of circumstances and is not necessarily restricted to a particular gender, age, race, etc.

Emergency Applications – Non-Molestation Injunction & Occupation Orders

If you are suffering from domestic violence, we can assist you by confidentially advising you and assisting you to achieve injunctions seeking to prevent the risk of you and your children suffering any further harm.

We can consider your specific circumstances and seek an emergency order for a non-molestation injunction and/or occupation order. The aim of these orders would be to prevent the perpetrator from being violent, threatening violence, harassing, pestering and intimidating you. It would also, where applicable, seek to prevent the perpetrator from returning to the family home and allowing you to reside there in the meanwhile. The aim of such action would be to protect you, your children and assist you to focus on other attached issues, i.e. financial and child arrangement issues. Thereafter, we can assist you to focus on the related issues of divorce & separation, child arrangements and financial matters.

Domestic Violence Allegations Made Against You?

If you are the party against whom allegations have been made, we are on hand to assist you and advise you every step of the way in order to ensure you receive the appropriate legal representation and assistance. We can assist you by taking your instructions on the matter and defending you during any proceedings against you or we can provide you initial advice in respect of these allegations and consequences.

We at LPS are here to assist you in a confidential, considerate and supportive manner.

What to do now?

We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.