Victim of Domestic Violence- Requirements for ILR in the UK

Details of Paragraph 289A of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Requirement for ILR in the UK for Victim of Domestic Violence

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

The Paragraph 289A explains the requirement for granting Indefinite Leave to Remain as Victim of Domestic Violence persons, who previously have been granted either a Leave to Enter as the Spouse or Civil Partner, Unmarried or Same-Sex Partner or an Extension of Stay/Leave to Remain as the Spouse or Civil partner, Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence

289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i)

(a) the applicant was last admitted to the UK for a period not exceeding 27 months in accordance with sub-paragraph 282(a), 282(c), 295B(a) or 295B(c) of these Rules; or

(b) the applicant was last granted leave to remain as the spouse or civil partner or unmarried partner or same-sex partner of a person present and settled in the UK in accordance with paragraph 285 or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant; or

(c) the applicant was last granted leave to enable access to public funds pending an application under paragraph 289A and the preceding grant of leave was given in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules, except where that leave extends leave originally granted to the applicant as the partner of a Relevant Points Based System Migrant; and

(ii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner, as appropriate, was subsisting at the beginning of the last period of leave granted in accordance with paragraph 282(a), 282(c), 285, 295B(a), 295B(c) or 295E of these Rules; and

(iii) is able to produce evidence to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and

(iv) DELETED

(v) DELETED