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.
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Frequently Asked Questions (FAQs)
What Are the UK Child Dependent Visa requirements?
- under the age of 18;
- not leading an independent life;
- not married or in a civil partnership; and
- has not formed an independent family unit.
There are several additional requirements, with more for adopted children.
If the parent of the dependent child applies to enter or remain in the UK as a partner or parent, they must meet a financial requirement. In all other cases, the parent will need to show they can accommodate the child without help from public funds. In some cases, depending on the status of the parent(s) settlement, the child may need to apply as a points-based system (PBS) dependent
More information on Child Dependent Visas
Am I eligible for an Adult Dependent Visa?
The application must be made from outside the UK and your visa must be obtained before travelling.
More information on Adult Dependent Visas
Am I eligible for a UK Ancestry Visa?
You cannot claim UK ancestry through step-parents.
A British Ancestry Visa allows holders to live, work and study in the UK for a period of up to five years, at which point they may be eligible to apply for a renewal or apply for settled status in the UK.
Find out more about UK Ancestry Visas
Can I join my migrant relative in the UK?
As the partner or dependent child (under 18) of a migrant who is in or coming to the UK under most categories of the points-based system, you can apply for a visa to join them here as a PBS dependent.
You will need to show that:
- you intend to live with the migrant worker, and
- your relationship is genuine.
Or for children:
- you have not formed an independent family unit, or
- are leading an independent life.
The migrant worker will also need to prove that they can support you without relying on public funds.
Is there a visa for parents of British citizens?
- you have sole responsibility for the child, or at the very least access rights;
- you can maintain yourself without relying on public funds;
- you meet the suitability and English language requirements.
If you meet all the requirements you will be given temporary permission to remain in the UK for 30 months. You will be eligible to stay for a further 30 months if you continue to meet the requirements and after five years you can apply for ILR (Indefinite Leave to Remain).
If you are outside the UK you must obtain your visa before travelling.
If you are already in the UK you will be eligible so long as you are not on a Visitor Visa or on temporary admission, permission to stay was not given for a period of less than six months (unless as a fiancé(e) or proposed civil partner) and you are not in breach of the Immigration Rules (overstaying for less than 28 days will not be taken into account).
I am here under the Points Based System (PBS) - can my family members join me?
I have been refused a Family Visa UK – can I appeal?
As the law currently stands, you will be able to appeal in the event that your UK Family Visa is refused.
In the event that your application is refused, there may be other options even after the refusal. Speak to an immigration lawyer to get the best and most up to date advice.
The law at the present time in respect of Visit Visas does not allow for a full right of appeal. You can only appeal such visas on very restricted grounds. If you have been refused a Family Visit Visa it is advisable to speak to one of our experts to advise on your options.
What services does LPS offer?
With our team of expert immigration lawyers, we will be able to assist you with any type of Family Visa application.
- assess your eligibility for a Family Visa;
- assess whether your UK relative is eligible to act as your sponsor;
- help you make sure you have acceptable proof of your relationship to your relative for your application;
- perform a full document check to ensure that they are sufficient;
- confer with you in person, via phone or Skype at a suitable time for you;
- prepare a Letter of Representation to accompany your application. This is a document containing information about your case and its merits. It will also reference all relevant UK immigration laws that might support your application;
- liaise with the Home Office throughout the process;
- complete each part of your application in full and to a professional standard